Magistrates in England and Wales shall be given extra sentencing powers in an try to deal with the backlog of circumstances ready to be handled by felony courts.

Within the newest effort to scale back each the variety of excellent circumstances and the strain confronted by crown courts in the course of the coronavirus pandemic, magistrates will have the ability to hand out jail phrases of as much as a 12 months – double the present most.

The Ministry of Justice estimates this might release nearly 2,000 additional days of crown court docket time a 12 months.

The transfer will enable magistrates to condemn extra critical circumstances they hear, comparable to fraud, theft and assault. At current, crimes warranting a jail time period of greater than six months need to be despatched to a crown court docket for sentencing.

The transfer was welcomed by magistrates however barristers stated it was “distraction politics at its worst” and would “do nothing to unplug the present large backlog of trials”.

Preserving extra circumstances in magistrates courts, which have been “much less severely affected” by Covid, means crown courts can higher focus their sources on tackling the backlog, the MoJ stated.

The adjustments, that are anticipated to come back into drive within the coming months, will solely apply to so-called either-way offences, which will be handled by magistrates or crown courts. It’s going to imply defendants can nonetheless decide to have their case heard by a jury in a crown court docket if they want.

An modification to the judicial assessment and courts invoice will allow the federal government to reverse the change if wanted.

Bev Higgs, the nationwide chair of the Magistrates Affiliation, which has campaigned for sentencing powers to be prolonged, stated the organisation was delighted with the announcement, including: “It’s completely the fitting time to realign the place circumstances are heard to make sure a secure, efficient, and environment friendly justice system and this demonstrates nice confidence within the magistracy.

“I do know our members and colleagues will take up this new degree of duty with delight, professionalism, and integrity and can – as all the time – try to ship the best high quality of justice of their courts.”

However Jo Sidhu QC, the chair of the Legal Bar Affiliation, which represents practising felony barristers in England and Wales, stated: “Growing magistrates’ sentencing powers will do nothing to unplug the present large backlog of trials caught within the crown court docket pipeline.

“That is distraction politics at its worst. The federal government appears wilfully blind to the stark actuality that lots of of felony barristers have left the sphere in despair as a consequence of 1 / 4 century of falling actual incomes. That’s the reason why victims of great crime are being denied justice in our crown courts.”

She added: “Fidgeting with magistrates’ sentencing powers is a betrayal of victims of crime. It is a cynical technique of depriving these accused of great crime from being judged by their friends in our long-established jury system.

“Preserving again extra circumstances within the magistrates will in any occasion solely set off extra appeals to the crown court docket, including to the lengthy record of circumstances and divert felony advocates from tackling the present pile-up of trials.”

Mark Fenhalls QC, the chair of the Bar Council, the lead consultant physique for barristers in England and Wales, stated: “We imagine that these adjustments will merely enhance the jail inhabitants and put additional strain on the Ministry of Justice price range. It will imply much less cash obtainable to maintain the courts operating.

“It is usually fairly attainable that the adjustments could immediate extra defendants to elect trial within the crown court docket, growing the trial backlog. This is able to injury the pursuits of complainants and victims and be counterproductive to all the pieces we try to attain to ship well timed and honest justice.”

Final 12 months, Whitehall’s spending watchdog, the Nationwide Audit Workplace, stated the felony courts backlog would “stay an issue for a few years” after the variety of outstanding cases in the crown courts reached document highs of virtually 61,000 and greater than 364,000 in magistrates courts earlier than starting to slowly cut back.


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