Magistrate courts set to be given more sentencing powers

In the latest effort to reduce the number of outstanding cases and the pressure faced by crown courts during the coronavirus pandemic, magistrates will be able to hand out jail terms of up to a year – double the current maximum of six months.

But critics warned the plan could have the opposite effect and actually add to the backlog, while branding it a ‘sticking plaster’ solution.

The Ministry of Justice estimates this could free up almost 2,000 extra days of crown court time a year.

The move will allow magistrates to sentence more serious cases they hear, such as fraud, theft and assault.

At present, crimes warranting a jail term of more than six months have to be sent to a crown court for sentencing.

In July, the Warrington Guardian reported how there were 1,688 outstanding cases at Liverpool Crown Court, where the majority of the most serious criminal cases involving Warrington are heard, according to Ministry of Justice data.

Liverpool Crown Court

That was a rise of 51 per cent on the 1,118 at the same time the year previous.

The situation was as bad at Chester Crown Court, where there were 585 outstanding cases – a rise of 47 per cent on the 397 waiting to be heard a year prior.

One trial being tracked by the Warrington Guardian has been scheduled for October at Liverpool Crown, while the furthest into the future at Chester Crown is listed for August.

Keeping more cases in magistrates’ courts, which have been ‘less severely affected’ by Covid, means crown courts can better focus their resources on tackling the backlog, according to the MoJ.

Justice Secretary 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.”

Mark Fenhalls QC, chairman of the Bar Council, disagreed however, commenting: “We believe that these changes will simply increase the prison population and put further pressure on the Ministry of Justice budget.

Chester Crown Court

“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.”

However, Bev Higgs, national chairman of the Magistrates’ Association, which has campaigned for sentencing powers to be extended, said the organisation was ‘delighted’ with the announcement.

She said: “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.

“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.”