Magistrates are to have their sentencing powers increased to reduce pressure on the Crown Courts and speed up justice, the Government confirmed today.
Under plans announced by the Justice Secretary, Dominic Raab, the maximum 6-month prison sentence that can currently be handed out by Magistrates is to be doubled to a year. The Government estimates this will give an extra 2,000 days of Crown Court time annually.
The Government believes that today’s move will increasingly allow serious cases including fraud, theft and assault to be heard and sentenced by Magistrates. At present, any crimes warranting a prison term of more than 6 months must be sent to Crown Court where judges determine the appropriate sentence. However, critics have labelled the plans as “counterproductive,” keeping back more cases in the magistrates leading to more appeals in the crown court.
“Increasing magistrates’ sentencing powers will do nothing to unplug the existing massive backlog of trials stuck in the crown court pipeline.”
Jo Sidhu QC, Chair, Criminal Bar Association.
Retaining more cases in the Magistrates’ Courts, which have been less severely affected by Covid, means Crown Courts can focus their resources on tackling the backlog which has built up during the pandemic.
Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice, Dominic Raab said:
“This important measure will provide vital additional capacity to drive down the backlog of cases in the Crown Courts over the coming years.
Together with the Nightingale Courts, digital hearings and unlimited sitting days, we will deliver swifter and more effective justice as we build back a stronger, safer and fairer society after the pandemic.”
Since the start of the pandemic, the Government has outlined a raft of measures to drive court recovery. These include investment of a quarter of a billion pounds to support recovery in the courts in the last financial year – plus over £50 million for victims and support services. Nightingale Courtrooms were set up across the country to increase capacity and ensure more trials can be heard – with a commitment to extend 32 Crown court rooms that deal with criminal trials until the end of March 2022. The Government has also committed to opening 3,265 Cloud Video Platform virtual court rooms across all jurisdictions. These currently hold around 13,600 hearings per week using audio and/or video hearings.
According to Government figures, the number of outstanding cases has dropped by around 70,000 in the Magistrates’ Court since its peak in July 2020, while the caseload in Crown Court is starting to come down.
Commenting on today’s announcement, National Chair of the Magistrates’ Association, Bev Higgs said:
“We have been campaigning for years for magistrates’ sentencing powers to be extended to 12 months for single offences, so we are delighted with the Lord Chancellor’s announcement today. It is absolutely the right time to re-align where cases are heard to ensure a safe, effective, and efficient justice system and this demonstrates great confidence in the magistracy.
“Magistrates have been integral in keeping the justice system functioning during the Covid-19 pandemic and, by enabling them to hear more serious offences, this new provision will mean they can contribute to easing the pressure on the Crown Courts.
“I know our members and colleagues will take up this new level of responsibility with pride, professionalism, and integrity and will – as always – strive to deliver the highest quality of justice in their courts.”
However, Jo Sidhu QC, the Chair of the Criminal Bar Association, which represents practising criminal barristers in England and Wales, said: “Increasing magistrates’ sentencing powers will do nothing to unplug the existing massive backlog of trials stuck in the crown court pipeline.
“This is distraction politics at its worst. The government seems wilfully blind to the stark reality that hundreds of criminal barristers have left the field in despair due to a quarter century of falling real incomes. That is the reason why victims of serious crime are being denied justice in our crown courts.”
He added: “Fiddling with magistrates’ sentencing powers is a betrayal of victims of crime. This is a cynical means of depriving those accused of serious crime from being judged by their peers in our long-established jury system.
“Keeping back more cases in the magistrates will in any event only trigger more appeals to the crown court, adding to the long list of cases and divert criminal advocates from tackling the existing pile-up of trials.”
Mark Fenhalls QC, the chair of the Bar Council, the lead representative body for barristers in England and Wales, said: “We believe that these changes will simply increase the prison population and put further pressure on the Ministry of Justice budget. This will mean less money available to keep the courts running.
“It is also quite possible that the changes may prompt more defendants to elect trial in the crown court, increasing the trial backlog. This would damage the interests of complainants and victims and be counterproductive to everything we are trying to achieve to deliver timely and fair justice.”
Last year, the National Audit Office reported that the criminal courts backlog would “remain a problem for many years” after the number of outstanding cases in the crown courts reached record highs of almost 61,000 and more than 364,000 in magistrates courts.
Final Thought:
It is not difficult to see operation “red meat” in action with this announcement. The Government is keen to control the media agenda again after a series of damaging claims about parties in Number 10 Downing Street. It is hard to overestimate the damage inflicted upon the Prime Minister following the apology to the Queen after it was revealed that Number 10 hosted a party on the eve of the Duke of Edinburgh’s funeral. As MPs met today to discuss the Prime Minister’s future, Number 10 was hopeful that announcements on clearing the courts backlog will distract the media’s attention.
As the Deputy Prime Minister toured the media studios this morning, it was clear that the strategy was not working. “It will take more than an announcement on magistrates courts” to divert attention, one senior MP told Chamber today.
The courts are facing a backlog, it is an important issue for the backbenchers and will benefit those facing justice. However, it is not something that will scintillate a constituent sufficiently enough to encourage someone to change their vote at the next election.
The Government needs to up its game if it is to truly “take back control” of the agenda.
