High court rejects prisoner's challenge over victims levy

The high court has ruled that a 40% victims levy on the wages of prisoners who do day jobs in the community is legal. A judge rejected "on all grounds" a challenge by a serving inmate in an open prison over the Prisoners' Earnings Act. The levy is imposed on the wages of inmates in open prisons across England and Wales who take paid jobs in the community as part of preparations for their release. The test case was supported by the Howard League for Penal Reform and the Prison Governors Association, which both provided expert statements to the court. Frances Crook, chief executive of the Howard League, said the sudden imposition of the levy by the justice secretary, Ken Clarke, endangered the government's flagship policy of giving long-term prisoners the opportunity to work. She said it affected hundreds of prisoners employed by outside businesses for a few months before their release, normally in low-wage, low-skilled jobs, who already faced the costs of clothes, food and travel and were expected to save for their release. However, while Crook said she was disappointed with the ruling, she said the legal action had prompted a change for the better. "Governors were given power to exercise some discretion when applying the levy on prisoners' wages," she said. "Prisoners who are employed outside jails will be able to retain a greater proportion of their wages so they will be able to afford to work." Crook said she would work with governors in open prisons to encourage flexibility and ensure prisoners get work opportunities: "We shouldn't be putting up barriers to legitimate employment and safe resettlement into a crime-free life." Welcoming the judgment, Clarke said: "For too long offenders have not done enough to shoulder the financial burden of their crimes, leaving the taxpayer to foot the bill for the damage they have caused. "The Prisoners' Earnings Act is the start of government getting the balance right – forcing prisoners to take responsibility for their crimes and helping victims to recover through the funding of these vital support services." He said nearly £400,000 ha been raised for Victim Support in the first six months. "I'm delighted that this ruling means that offenders will continue to contribute to make amends for their crimes."