Changes to Magistrates’ Sentencing Powers & Early Release

Government U-Turn Sees Magistrates’ Sentencing Powers Changed (Again)

The sentencing regime in the magistrates’ court is notoriously complex and about to change again following a government U-Turn.

In May 2022, the government allowed magistrates to imprison an adult for up to 12 months for a single either-way offence; the previous maximum for a single offence was 6 months.

This change was designed to reduce the number of cases heading to the crown court.

Whether this change brought about the desired result is unknown, and we may never know, as the policy will be reversed for all convictions on or after 30 March, when the maximum penalty will once again reduce to 6 months.

So why the change?

The change appears to be designed to slow down the speed of prisoners arriving at prisons. Sending more defendants to the crown court again will ease the pressure on prison places for at least a few months.

This policy change is urgent as police cells are already used as emergency prison accommodation.

Early Release

It has also been announced that early prison release on an electronic tag will be extended from 135 days to 180 days. This measure will free up approximately 400 – 600 prison places and is due to take effect on 6 June 2023.

How We Can Help

If you have any questions about representation in Magistrates Court or the implications of an upcoming case, then please don’t hesitate to call us on 0161 477 1121 or email us.