Government doubles Magistrates’ sentencing powers to cut Crown Court backlog
Magistrates will be given new powers to jail people for up to a year, therefore doubling magistrates sentencing powers, in a bid to reduce the backlog faced by Crown Courts.
Under current rules, magistrates have the power to hand down six-month jail sentences, meaning any cases that warrant a longer sentence must be passed up to the Crown Courts.
In doubling magistrates’ sentencing powers, the Ministry of Justice (MoJ) aims to free up nearly 2,000 days in Crown Court, the government department said in a statement.
Speaking on Radio 4 today, Justice Secretary Dominic Raab said the new measures will reduce the Crown Court’s case load by 1,700 cases a year.
The new powers are being introduced as a means of reducing the backlog of cases faced by Crown Courts that built up during the Covid pandemic.
At the end of last year, there were more than 60,000 cases waiting for a hearing in Crown Court, according to figures from the Ministry of Justice.
Critics of the new policy argue that expanding magistrate’s sentencing powers risks increasing the number of prisoners, while also arguing that it will do little to reduce the backlog.
Magistrates
For the most part, magistrates’ courts deal with less serious crimes – such as fraud, theft, and assault – that can be tried without a jury.
In England and Wales, magistrates are unpaid and are not required to hold any legal qualifications.
Alongside prison sentences, Magistrates also have powers to impose community orders and put people on electronic tags.
The new sentencing powers will only apply to “either-way” cases, which might be held in either a Crown or a Magistrates court.
The plan to double magistrates’ sentencing powers comes as part of a package of measures to free up space in courts, including plans to build two new “super courtrooms” with capacity to try up to 12 defendants.