Increase in Sentencing Powers for Magistrate’s Court

New Powers for Magistrate’s Court – What Is Affected?

The government has decided to increase the sentencing powers of magistrates, allowing them to impose prison sentences of up to 12 months for a single either-way offence. This decision marks a doubling of their previous sentencing limit, which was capped at six months.

What is the purpose for the change?

The primary aim is to address the backlog in the criminal justice system, particularly reducing the number of cases awaiting trial in the Crown Court. This move is expected to save approximately 2,000 days in Crown Court time annually, thereby speeding up justice for more serious offenses by allowing Crown Courts to focus on graver cases. 

Impact on Prison Population

Initially, this might lead to a slight increase in the prison population.

However, the long-term goal is to manage the prison capacity better by reducing the remand population, which was at a record high.

The strategy involves quicker processing of less serious offenses at the magistrate level, theoretically leading to fewer individuals held on remand.

Public and Professional Reaction:

While the government sees this as a step towards efficiency in justice delivery, critics argue it might not solve the underlying issues of prison overcrowding or court backlogs.

There’s concern that this could lead to more people being imprisoned without significantly reducing the backlog, potentially exacerbating prison capacity issues.

Training and Implementation

Magistrates and legal advisers will undergo training by the Judicial College to handle these longer sentences effectively.

This training is crucial to ensure that the increased powers are exercised judiciously.

Historical Context

This isn’t the first attempt at such a measure.

Previous efforts under different administrations have met with mixed success, with some arguing that such changes lead to short-term increases in prison populations without long-term benefits in reducing court backlogs.

The broader implications

This change reflects a broader governmental strategy to reform sentencing, aiming at not just dealing with immediate capacity issues but also reforming how sentencing works to be more efficient and just.

Critics, however, suggest that without addressing deeper systemic issues, such as overall prison capacity and court resources, these measures might offer only temporary relief.

Commenting on the announcement, Tom Franklin, the Magistrates’ Association’s chief executive said:

“Extending the range of cases that magistrates can hear to include those which carry a maximum sentence of 12 months, is something we had long campaigned for as a vital means of ensuring speedier justice for victims, witnesses and defendants.

This decision means that the least-serious cases heard by crown courts can now be heard as the most-serious cases dealt with by magistrates’ courts. It will help to relieve the pressure on crown court capacity, help reduce the backlog and enable the most serious offences to be dealt with quicker in crown courts – delivering faster results for victims, witnesses and defendants.

As public servants, magistrates are flexible and support the efficient and fair administration of justice. Our members have previously undertaken training for the extension of their sentencing range, so they stand ready and willing to take on this additional responsibility, to help ensure speedier justice.

But such a change is not problem-free. There are serious bottle-necks in magistrates’ courts too, particularly with the lack of availability of legal advisers and probation officers needed to support magistrates, which often leads to delays and cancellations. So, to be most effective, this change would need to go together with more court resources. There must be a long-term, sustainable and considered investment in the whole criminal justice system, which we and many others have long called for.”

The increase in magistrates’ sentencing powers, therefore, represents a significant shift in how lower-tier offenses are managed within the judicial system, aiming for efficiency but facing scepticism regarding its long-term effectiveness and impact on prison numbers.

How We Can Help

If you have any questions or concerns regarding the implications of the new law or any aspect of Magistrate Court representation, you can contact us on 0161 477 1121 or email us for more information.