Increase in Magistrates' Court Sentencing Powers

The Government has announced plans to increase the sentencing powers of the Magistrates' Court.

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 either way offence. Despite the passage of time, that particular aspect of the legislation has never been commenced.

The Lord Chancellor and Secretary of State for Justice, The Rt. Hon. Dominic Raab MP, has decided that now is the time to activate that particular provision, which can be done under his hand via a commencement order.

Before going any further, I should say that I personally am totally indifferent to the idea of greater sentencing powers. What the court has never had, it can never miss.

In my experience, the court imposes immediate custodial sentences very infrequently - and so it should, with custody being reserved for those offences that are "so serious" no other sentence is appropriate.

I forget the exact figure, but fewer than 5 percent of all cases before the court result in immediate custody. Of those that do, the overwhelming majority receive sentences far shorter than the 26 weeks available anyway. That being the case I do not expect the Magistrates' Court to be sending swathes of offenders to prison all of a sudden.

Of course the new powers will be a useful tool for sentencing those offenders right on the cusp having their case sent to the Crown Court for disposal, which is the Justice Secretary's main rationale for the decision - having the Magistrates' Court dispose of more cases, so that the workload of the Crown Court is eased slightly. It would also be fair to say that summary trial is far cheaper and speedier for all concerned, notwithstanding concerns in some quarters about the quality of justice delivered in the Magistrates' Court.

Announcing the decision, the Justice Secretary 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."

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.

Bev Higgs, Chair of the MA, 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."

In its recent report "The Role of the Magistracy", the House of Commons Justice Committee echoed calls for an increase in the sentencing powers of the Magistrates' Court.

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."

The Lord Chief Justice, Lord Burnett of Maldon, has today sent an email to Magistrates' Court judiciary and staff saying the following: "Appropriate training will be provided to Magistrates and their Legal Advisers and to DJ(MCs) in advance of the commencement date.

"That training will be designed to ensure that those exercising, and advising on the exercise of those powers, are familiar with the relevant sentencing principles and guidelines to ensure that there is no sentencing inflation when compared with the current practice of the Crown Court."