Renewed Calls for Increased Magistrates' Sentencing Powers

An influential group of MPs has made a fresh call for an increase in Magistrates' sentencing powers.

The House of Commons Justice Committee, chaired by Conservative Bob Neill MP (pictured above), made the recommendation in its most recent report on "The Role of the Magistracy".

As regular readers will already know, the Magistrates' Court currently has the power to impose a maximum custodial sentence of 6 months for a single offence, which rises to 12 months for a combination of two or more either way offences.

Section 154 of the Criminal Justice Act 2003 provides for the ordinary maximum custodial sentence that could be imposed by the Magistrates' Court to be increased to 12 months for a single offence, rising to 15 months for two or more either way offences. Despite the passage of time, that particular aspect of the legislation has never been commenced.

The report said: "We consider that short custodial sentences are less effective than community sentences, but in cases where custody is unavoidable we consider that Magistrates should have the power to impose custodial sentences of up to 12 months in cases that would otherwise be sent to the Crown Court for sentencing.

"As part of its review of sentencing, the Government should implement this measure, subject to establishing a positive evidential basis for doing this from a suitable modelling exercise on the effects of such a step."

Increasing the sentencing power of the Magistrates' Court will mean that many more cases can be retained and dealt with in a speedier and more cost effective manner than having to involve the Crown Court.

Custody is an option reserved only for those offences "so serious" that no other penalty is appropriate. Across England and Wales, fewer than 5 percent of all Magistrates' Court cases result in an immediate custodial sentence. Despite anything you might hear in the news, the reason prisons are full to capacity is not because "power crazy" Magistrates are jailing people left, right and centre.

The Magistrates' Association has been campaigning for an increase in sentencing powers for many years. According to the MA around 40 percent of cases sent to the Crown Court for sentencing, result in a sentence being imposed that was within the powers of the Magistrates' Court in the first instance. Increasing the Magistrates' sentencing powers would embolden them to sentence those borderline cases, thus freeing up valuable Crown Court time and resources.

In his evidence to the Committee John Bache JP, chairman of the MA, said: "I think the Government are worried that the number of people in custody would increase. I do not think there is any evidence for that at all. When Magistrates' powers were increased from 6 months to 2 years in the youth court, the number of young people in custody decreased very dramatically, from about 3,500 to about 900."

The report also highlights concerns about the declining number of Magistrates and Magistrates' Courts. There are currently around 16,000 Magistrates in England and Wales, which is a fall of around 7,000 since the financial year 2012/13.

With a decrease in traditional workload and increase in out of court disposals the number of Magistrates' Courts has also halved from 323 to 156 in the last decade, which leaves more people than ever struggling to access local justice.

Less than a month ago the vast and sparsely populated North Yorkshire districts of Hambleton and Ryedale were left without their local Magistrates' Court at Northallerton.

In its report, the Committee said: "The current shortfall in the number of Magistrates is as frustrating as it was foreseeable.

"The Government's failure to undertake the workforce planning exercise the Justice Committee recommended in 2016 has led to the current predicament.

"The new three-year strategy for Magistrate recruitment and other initiatives to speed recruitment are welcome, but it is much to be regretted that it has taken a near crisis to prompt the Government into belated action."

The Committee said it would welcome the decision to allow Magistrates to sit beyond their 70th birthday, subject to local business needs and continued judicial competence.