More victims will get the justice they deserve sooner under plans
to give magistrates greater sentencing powers, announced by Lord
Chancellor .
The changes, the latest step in the government's plans to tackle
the inherited crisis in our prisons, will allow magistrates to
hand-down prison sentences of up to a year. This will help to
tackle the record remand population in jails and address the
Crown Court backlog, also at a historic high.
The Lord Chancellor confirmed the plans to allow Magistrates to
issue custodial sentences for up to 12 months for a single
offence – a doubling of their current powers. The move will save
approximately 2,000 days in the Crown Court, so that time can be
reserved for the most serious and complex cases.
Bolstered powers will better support victims, with some who have
been waiting months and even years to see justice done due to a
system in disarray.
It will also help the government drive down the record remand
population – those who are in prison while they await their trial
– and relieve pressure on prison capacity which was left at the
brink of collapse.
Lord Chancellor and Secretary of State for Justice said:
“This Government inherited a criminal justice system in crisis,
with dangerously overcrowded prisons and victims waiting far too
long to see justice.
“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.”
The significant increase in the remand population, which
currently stands at a record 17,000, is one of the key factors in
the current prison capacity crisis. This is because remand
prisoners can only be held in “reception prisons” where the
capacity in the prison estate is most acute, where some of our
most dangerous offenders must be held, and where all new
prisoners are sent to begin their sentences.
Tackling the backlog of those awaiting trial in prison is a key
priority and these reforms build on the Government's work to
reduce pressure on the prison estate ahead of launching a
sentencing review later this year.
Mark Beattie, national chair of the Magistrates'
Association said:
“Magistrates are flexible and support the efficient and fair
administration of justice. 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.”
Allowing magistrates to deal with more cases will also free up
valuable Crown Court time in order to try and reduce the
outstanding backlog.
There are currently over 14,000 magistrates in England and Wales
who play a vital role in our justice system hearing over a
million cases on average every year. Coming from all walks of
life they hear cases ranging from petty theft to serious assault.
Magistrates and legal advisers will be fully trained in these new
measures by the Judicial College in order to deliver longer
sentences effectively. The previous Government extended
sentencing powers in May 2022 but deactivated them in March 2023.
Notes to editors:
- The Statutory Instrument to increase sentencing powers is due
to be laid on 28 October and changes will come into force on 18
November.
-
The Magistrates'
Association is a national charity and the membership body
for the magistracy. With more than 12,000 members across
England and Wales, it is a unique source of information and
insight, and the only independent voice of the magistracy.
- The Magistrates' Association will be available for media
interviews stories. Please email media@magistrates-association.org.uk
or call 020 3937 8863. www.magistrates-association.org.uk
- A sentencing review will be published later this year.
- This power was previously activated in May 2022 and closed in
March 2023.
