Magistrates handed power to jail for a year in government bid to tackle justice crisis

Magistrates are being handed powers to sentence defendants to up to a year in prison , in a move by the Ministry of Justice aimed at relieving the prisons crisis.

Lord Chancellor Shabana Mahmood announced the decision on Thursday, doubling the current maximum sentence of six months in prison that can be handed down at magistrates courts for a single offence.

The move is aimed at reducing the number of criminal cases which have to be dealt with at Crown Courts in England and Wales, where backlogs are at record levels and delays before trial regularly top two years.

It is also hoped the move will reduce the numbers of defendants awaiting trial on remand in prison, currently at a record level of around 17,000 as the system approaches breaking point.

The Magistrates Association has long lobbied for the extension of its members’ powers. But the news of the decision was met with criticism from barristers when it was leaked last month.

Mary Prior KC, who chairs the Criminal Bar Association, argued it would “make things worse” by actually increasing the pressure on prisons.

“This is a kneejerk reaction, done without consulting – once again – the criminal barristers or solicitors who deal every day with these cases,” she said.

The government recently made a decision to limit the annual number of judicial sitting days for the first time since the start of the pandemic.

The Ministry of Justice says today’s decision to extend magistrates’ powers would save around 2,000 days in the Crown Courts.

“This Government inherited a criminal justice system in crisis, with dangerously overcrowded prisons and victims waiting far too long to see justice”, said Ms Mahmood.

“This marks a further step towards addressing the deep challenges in our criminal justice system, both reducing the record remand population in our jails and delivering swifter justice for victims.”

Magistrates Association chair Mark Beattie sought to reassure the public that magistrates – who are volunteers without formal legal training – were ready to assist with the prisons and courts crisis.

“Magistrates are flexible and support the efficient and fair administration of justice”, he said, in a statement.

“By being able to take on this additional responsibility and hear cases that carry a maximum sentence of 12 months, our members will be able to help prevent an increase in the backlog of cases in the crown courts, enabling the most serious offences to be dealt with quicker in crown courts; speeding justice for all.

“I know our members and colleagues will take up this increased responsibility with professionalism and integrity and will – as always – strive to deliver the highest quality of justice in their courts.”

Sentencing powers for magistrates were previously doubled to a year in May 2022 by the former Conservative government, but the move was reversed in March 2023.

The latest activation of the extended powers is expected to be placed before Parliament on October 28, and come into force on November 18.

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