The UK government has doubled the sentencing powers of magistrates in a bid to reduce the backlog in the criminal justice system that has been caused by the COVID-19 pandemic.
Magistrates across England and Wales can now issue prison sentences of 12 months for a single offence, the Ministry of Justice (MoJ) said on May 2, adding that the move is expected to free up around 1,700 extra days of Crown Court time each year.
Magistrates are volunteers who hear cases in courts in their community. Each case is usually heard by three magistrates, including a magistrate who is trained to act as a chairperson. A legal adviser in the court gives advice on the law and makes sure the magistrates follow the right procedures.
All criminal cases begin in a magistrates’ court, which passes the most serious crimes such as murder, rape, and robbery to the Crown Court.
Previously, magistrates could only issue a maximum of six months in prison. Doubling their sentencing powers allows more cases to be sentenced in the magistrates’ courts, meaning Crown Courts can focus resources on getting through more serious, complicated cases, the MoJ said.
The ministry said magistrates and legal advisers have been provided with training ahead of the change to ensure they know how best to use the new powers.
Justice Secretary Dominic Raab said: “We are doing everything in our power to bring down the court backlog, and doubling the sentencing powers of magistrates will create more capacity in the Crown Court to hear the most serious cases.
“Together with an extra 30 Nightingale courtrooms currently open, digital hearings, and allowing the Crown Court to hear as many cases as possible for another financial year, we will deliver swifter and more effective justice for victims.”
Bev Higgs, National Chair of the Magistrates’ Association, welcomed the move, which she said “can only benefit all court users—defendants, complainants, and witnesses.”
But the move has been heavily criticised by the Criminal Bar Association (CBA), which represents practising barristers across England and Wales.
Jo Sidhu QC, chair of the organisation, said: “Keeping back more cases in the magistrates may in any event only trigger more appeals to the Crown Court, adding to the growing lists of outstanding cases and diverting criminal advocates from tackling the pre-existing pile-up of trials.”
The CBA said one of the biggest issues contributing to the backlog is the number of outstanding Crown Court trials, which are unaffected by any change to the sentencing powers of magistrates.
