JPs threaten to quit in droves over 'victim fee'

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Labour has ruled that the charge must be levied on anyone who receives a court fine, such as speeding motorists.

It does not, however, apply to those convicted of more serious offences and sent to prison.

In a sign of open revolt, the 28,000-strong Magistrates' Association said the £15 charge was "fundamentally flawed".

Alan Williams became the first JP to quit in protest at being asked to impose the charge on groups whose offences do not have a victim.

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Protest: Alan Williams

Senior magistrates warned more resignations could follow. They are demanding answers to a series of questions from the Home Office, and want the controversial charge scrapped.

John Thornhill, deputy chairman of the association, said: "We are against offenders being taxed by stealth, and we are against the idea that any individual without a victim should have to pay it."

He said magistrates had taken an oath and must impose the fine or step down.

Asked if there would be a wave of resignations, he added: "There might well be. It is a matter for an individual's conscience."

Mr Williams, a former deputy chairman of the East Cambridgeshire bench, has predicted many of his colleagues would follow his example by resigning.

As the Daily Mail revealed yesterday, he faced the sack after refusing to impose the charge on a teenager caught with a small amount of cannabis.

Mr Williams, 60, said: "The way that the Government is alienating magistrates could lead to many more resigning and if that happens the consequences for the court system would be unimaginable."

The first tranche of cash raised is being spent on domestic violence counsellors and will not be directly received by any actual victims.

Magistrates said the charge "shatters" the principle that punishment should be based on ability to pay.

The Home Office said there was no question over the surcharge's legitimacy, as it had been passed by Parliament by a statutory instrument.