Frederick Wilmot-Smith

In 2005, Australian officials learned of a plot to smuggle heroin from Indonesia to Australia. They passed the information onto the Indonesian authorities, saying they should ‘take what action they deem appropriate’. Nine people, now known as the Bali Nine, were arrested and convicted. The Australian ringleaders, Myuran Sukumaran and Andrew Chan, were last night tied to a post and shot dead. They refused blindfolds. There were twelve marksmen for each prisoner, but to ease their consciences only three fired live rounds.

Ronald Dworkin once said that a judge faced with an unjust law ‘would have to consider whether he should actually enforce’ it ‘or whether he should lie and say that this was not the law after all, or whether he should resign’. Faced with the criminal courts charge, introduced in April, magistrates have taken all three options. The government’s policy is that ‘convicted adult offenders who use our criminal courts should pay towards the cost of running them’. Those who plead guilty pay £150; those who protest their innocence but are found guilty face a charge of up to £1200. There are obvious problems with this. First, courts have a financial incentive to find an accused person guilty. Second, the risk of the charge is a substantial inducement for the innocent to plead guilty. Anecdotal evidence suggests that this is happening; it would be surprising if it were not. Third, the charge, which isn’t means-tested, is especially punitive on the poor. Louise Sewell, who had not eaten for two days, stole Mars bars worth 75p. After pleading guilty to theft, she was left with a bill of £150 for her use of the court.