UK: Magistrates' sentencing powers scaled back

Sentencing powers for Magistrates in England and Wales have been scaled back less than a year after they were doubled in an effort to tackle the courts backlog.

In May, the country's Ministry of Justice (MoJ) announced magistrates would be able to hand out jail sentences of up to a year for a single offence – up from the previous maximum of six months – as part of efforts to deal with the number of criminal cases waiting to be heard.

But on Friday the government department confirmed the plan would be paused. Although it said the measures could be brought back in future if needed.

The Magistrates Association said it was “incredibly disappointed” at the decision – which it said was after efforts to cut prison overcrowding – and warned it would “slow down justice”.

The Criminal Bar Association (CBA), which represents barristers, previously criticised the plan and said it could increase the risk of people being jailed for short sentences, piling further pressure on prisons.

Last week, it emerged criminals could be spared jail to avoid adding strain on prisons that are almost full.

Senior judges reportedly ruled courts should take into account overcrowding in prisons when deciding whether to jail criminals.

It comes after the government announced plans – known as Operation Safeguard – to hold some prisoners in the north of England in police cells to try to cut “acute and sudden” overcrowding in jails.

The Magistrates Association said: “The extension of magistrates’ sentencing powers from six to 12 months is something we had long campaigned for as a vital means of ensuring speedier justice for all. It was succeeding – delivering faster results for victims, witnesses and defendants.

“This new statutory instrument is likely to slow down justice. It highlights the importance of a well-resourced justice system that can cope with the volume of cases considered by the courts.

“We have been assured that the pause is temporary, and we will be urging the government to restore magistrates’ extended powers as soon as possible. To not do so would further erode magistrates’ already low morale and may well result in resignations at a time when the government is actively seeking to boost the number of sitting magistrates. We await confirmation of a date for a formal review of the statutory instrument.”

An MoJ spokesperson said: “We thank the magistrates for all their hard work to help us bring down the backlog following the pandemic and ensure victims get the justice they deserve.

“Increasing their sentencing powers was one of many measures introduced to help address the impact of the pandemic on the criminal justice system, but we have always retained the flexibility for this to be changed as needed.

“We continue to make sure those who commit the most serious offences are put behind bars for longer.”