Magistrates could give longer sentences under new proposals

Image source, Getty Images

  • Author, Hafsa Khalil
  • Role, 大象传媒 News

Magistrates in England and Wales could be given powers to hand down longer custodial sentences under proposals to help reduce the backlog in crown courts and prisons.

The move could allow magistrates to try more serious crimes, and double the maximum punishments handed out for an offence from six to 12 months, helping a system the government said is on the 鈥減oint of collapse鈥.

The Magistrates鈥 Association鈥檚 chief executive Tom Franklin, called it a 鈥渟ensible move鈥 that could 鈥渟peed up justice鈥.

The proposal could also reduce the number of prisoners on remand - people awaiting trial. In June, there were a record 17,000 prisoners on remand, a fifth of the prison population.

In response to the proposals - - a Ministry of Justice spokesperson told the 大象传媒: 鈥淭he new government inherited prisons on the point of collapse, which is why the Lord Chancellor took swift action by introducing emergency measures.

鈥淲e will continue to consider other long-term options to deal with the prisons crisis in a sustainable way.鈥

Mr Franklin said conversations considering this move are frequent between magistrates and government officials.

He told 大象传媒 Radio 4鈥檚 Today programme, that magistrates have already been trained to deal with 鈥渟lightly more serious cases鈥, so if the proposals were approved, 鈥渢he least serious cases currently being dealt with by the Crown Courts, could be dealt with as the [magistrate courts] most serious cases鈥.

As well as dealing with the 鈥渓og jam鈥 in the crown courts, he said it would mean that 鈥渏ustice is speeded up and that鈥檚 good for victims, witnesses and defenders鈥.

But he warned it would need to work together with more court resources, including court staff such as 鈥渓egal advisers and probation officers鈥, the lack of whom could create 鈥渄elays and cancellations that are very frustrating".

Chairwoman of the Criminal Bar Association, Mary Prior KC, said if approved, the changes would "make things worse" by increasing the pressure on prisons which are already near capacity.

"This is a knee-jerk reaction, done without consulting - once again - the criminal barristers or solicitors who deal every day with these cases," she said, adding a "collaborative and sensible approach" is needed.

The proposal has already been tried before, she said, but was "removed very quickly", when the then Justice Secretary Dominic Raab doubled the jail sentences magistrates could give in 2022. The scheme was dropped after a year.

This comes after more than 2,000 prisoners were released early last week to deal with prison overcrowding.

Offenders who had served 40% of their sentence were eligible, who would otherwise have been released after serving half their sentence.

Prisoners who were in jail for serious violent offences with sentences of four years or more, as well as sex offenders, were not released.

One former inmate appeared back in court after allegedly sexually assaulting a woman on the day of his early release.