“I still have panic attacks now.”
Claire (not her actual identify), a disabled mum in her 30s, by no means imagined she’d ever face prison prosecution. However earlier this yr, that is what occurred – for non-payment of her TV licence.
The stress took its toll on her psychological and bodily well being.
“I don’t think I’m a criminal,” she says. “I have two kids I take to school every day, I try and pay my bills… I had to get anxiety tablets because I couldn’t sleep.”
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Claire* speaks to Sky Information’ Katie Spencer
Because the BBC appears to dealer a brand new funding cope with the federal government within the subsequent three years, critics of the present licence payment mannequin argue it’s exhausting to justify how non-payment remains to be seen as critical sufficient to benefit prison prosecution.
The payment is presently a flat fee of £169.50 – poorest households pay as a lot because the richest.
Claire, who was fined £736 for non-payment, spoke to us anonymously about her expertise of coping with the fast-track system of processing instances.
The entire course of, she says, was “terrifying”. On the time the enforcement officer knocked on her door, her companion had just lately been jailed for home violence. He had beforehand taken management of her funds.
“All my money was in his account and I wasn’t getting access… from what I was aware he was paying the bills but it turned out he wasn’t,” she says.
The enforcement officer mentioned he understood, Claire says. However every week later she obtained a letter to say she was going to be prosecuted.
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The BBC is seeking to dealer a cope with the federal government within the subsequent three years
Claire was informed she would wish paperwork to show her state of affairs, however did not have the cash to ship off for it. With 21 days to reply she felt she needed to plead responsible or the prices may escalate.
“All you think is, ‘If I don’t pay this are they going to put me in prison?’.”
The licence payment has all the time been the BBC’s bread and butter – however given 500,000 households cancelled final yr, there are questions over its sustainability. Different fashions reminiscent of Netflix, for instance, efficiently exist with no need the specter of prosecution.
Can the BBC nonetheless justify it?
Mary Marvel, head of coverage at access-to-justice charity Advicenow, says “innocent people are feeling forced to plead otherwise” so their effective is diminished.
Below the Conservative authorities, varied critiques seemed into the professionals and cons of decriminalising non-payment – finally concluding to maintain the system as it’s for now. Beforehand, the BBC mentioned switching to a civil system would value greater than £1bn and result in main cuts.
Forward of the BBC’s subsequent constitution evaluation, all the federal government has formally mentioned is that it is not ruling out making modifications – and there can be session earlier than making any selections.
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‘I nonetheless have panic assaults now’
Virtually three-quarters of 2023 prosecutions have been girls
At the moment, the overwhelming majority of prosecutions are handled through a system referred to as the only justice process – a fast-track for comparatively easy instances designed to repair the backlog of court docket delays.
Instances are processed by a single Justice of the Peace in personal, and letters from defendants usually go unread by prosecutors if a person pleads responsible.
Virtually 31,000 individuals have been prosecuted for non-payment of the TV licence final yr. Simply over 73% have been girls.
Why the disparity? In 2023, a BBC evaluation discovered that greater than 60% of single-adult households are feminine, in contrast with lower than 40% male. The evaluation additionally discovered behavioural variations: girls usually tend to be at dwelling; extra more likely to open the door; and extra more likely to be the purpose of contact for payments and home admin.
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Tom Franklin, chief government of the Magistrates’ Affiliation, desires tweaks made to how instances are handled
Magistrates Affiliation chief government Tom Franklin says the TV Licensing authority ought to evaluation pleas and mitigations earlier than instances come earlier than magistrates, giving a possibility for them to be withdrawn if not within the public curiosity – “particularly for the most vulnerable in society”.
The federal government says the choice to prosecute “sits with TV Licensing”, however it’s “keeping under review” its oversight and regulation of organisations utilizing the only justice process.
A TV Licensing spokesperson mentioned the authority would contact Claire and evaluation the prosecution.
“We have the ability to overturn a conviction when provided with evidence that it was not in the public interest,” they mentioned.
Vital causes may embrace home violence, and psychological and bodily ill-health, the spokesperson mentioned, including that prosecution is all the time a “last resort”.
For now, Claire is incrementally utilizing common credit score to pay again a effective she arguably should not have been prosecuted for within the first place.