TV licence fee non-payment: decriminalising the offence - Commons Library Standard Note

Published 18 February 2015 | Standard notes SN06860

Authors: Philip Ward

Topic: Broadcasting, Civil law, Criminal law

At present, using a television receiver without a valid licence can lead to prosecution, a court appearance and a fine of up to £1,000. In some cases, where there is a refusal to pay the fine and where all other enforcement methods have been tried or considered, a person can be sent to jail for non-payment of a court-imposed fine.

In spring 2014 it emerged that there was strong support among parliamentarians for decriminalising the offence of failing to pay for a TV licence where one is required. Two new clauses were added to the Deregulation Bill at Committee Stage in the Commons:

• One new clause requires the Culture Secretary to carry out a review of the sanctions for licence fee non-payment, looking at the option of switching to a civil penalty system of fines, within three months of the Bill being passed.

• The other clause introduces a new power for the Secretary of State, through secondary legislation, to change the sanctions that apply to the failure to have a TV licence. The power provides for the sanctions to be changed either by replacing the criminal regime with a civil regime, or by creating a civil regime as an alternative to prosecution for such offences.

The clauses were approved by the Commons Committee without a division. At Report stage in the Lords, a cross-party amendment was successfully tabled providing that there should be no move to decriminalise non-payment of the fee before 2017. This amendment will now be considered by the Commons.

In September 2014 the Culture Secretary announced an independent review into sanctions for non-payment. A public consultation runs from February to May 2015.

In response, the BBC has warned that the change would have an adverse effect on funding for its services by encouraging evasion and could cost it up to £200m in lost revenue. The Corporation has, however, signalled a willingness to discuss decriminalisation as part of negotiations over the renewal of its royal charter which are due to take place in 2015-16.

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