Custodial Sentences Twice as Likely in West Midlands

Magistrates' Courts in the West Midlands are twice as likely to impose immediate custodial sentences as those elsewhere in England and Wales, according to figures released by the Ministry of Justice.

In 2017, Magistrates' Courts in the West Midlands Police area imposed immediate custodial sentences (e.g. go to jail; go directly to jail; do not pass go; do not collect £200) on 2,947 individuals, which represents 7.5% of all those convicted.

In contrast, only 3.6% of those convicted by Magistrates' Courts elsewhere in England and Wales received immediate custodial sentences.

As well as being more likely to jail people overall, Magistrates' Courts in the West Midlands were 1.5 times more likely to impose immediate custody on those convicted of criminal damage and arson - jailing 18% of those convicted, compared to 12% across England.

Courts in the West Midlands were also more likely to jail people for violence against the person (sending 329.6% of offenders to jail compared to 24.8% across England and Wales), sexual offences (19.7% against 15.9%), and public order offences (26.7% against 23.2%).

Andrew Neilson, Director of Campaigns at the Howard League for Penal Reform, said: "When Magistrates send someone to prison, they are making a choice that can have disastrous consequences. Alarm bells start to ring when some courts make that decision much more frequently than courts located in other parts of the country.

"Short prison sentences are a catastrophe for everyone. As the Government has recognised in recent ministerial announcements, the evidence shows that short bursts of imprisonment lead to more offending and more victims.

"When sentencing practices vary so significantly from region to region, it only strengthens the argument for removing from Magistrates the power to sentence people to prison - and to look instead at redirecting their responsibilities to helping people to lead crime-free lives."

Despite Mr Neilson's assertion, it is not possible to draw the conclusion that Magistrates' Courts in the West Midlands dispense justice more harshly than their counterparts elsewhere. This is because the number and profile of offenders varies considerably across the different regions of England and Wales.

To illustrate this point, in 2017 the West Midlands Police area had a much greater rate of burglary (9.7% of all recorded crime) than the Devon & Cornwall (4.2%), Northumbria (4.7%) or even Metropolitan Police (7.3%) areas. You can view the relevant data, extracted from the UKCrimeStats website, in this spreadsheet.

Burglary is one of those offences quite likely to attract an immediate custodial sentence at the Magistrates' Court. Furthermore, very few burglars appearing before the Magistrates' Courts are first-time offenders - many have lengthy antecedents, which further increases the prospect of immediate custody.

In a densely populated metropolitan area like the West Midlands, it is also far more likely that a District Judge (Magistrates' Court) will be dealing with those cases likely to attract an immediate custodial sentence. It is entirely reasonable to say that District Judges are more robust in their case management and disposal than their lay Justice peers.

The Magistrates' Court Sentencing Guidelines, which can be viewed on the Sentencing Council's website, give step-by-step sentencing instructions, which are applied in Magistrates' Courts across the land. Local circumstances can also be factored into the equation.

Only 1.5% of appeals against Magistrates' Court decisions and sentencing are successful, so the courts must be getting their sentences right most of the time.