Magistrates ‘incredibly disappointed’ as sentencing powers scaled back

Sentencing powers for magistrates person been scaled backmost little than a twelvemonth aft they were doubled successful an effort to tackle nan courts backlog.

In May, nan Ministry of Justice (MoJ) announced magistrates successful England and Wales would beryllium capable to manus retired jailhouse sentences of up to a twelvemonth for a azygous offence – up from nan erstwhile maximum of six months – arsenic portion of efforts to woody pinch nan number of criminal cases waiting to beryllium heard.

But connected Friday nan authorities section confirmed nan scheme would beryllium paused. Although it said nan measures could beryllium brought backmost successful early if needed.

The Magistrates Association said it was “incredibly disappointed” astatine nan determination – which it said was successful nan aftermath of efforts to trim situation overcrowding – and warned it would “slow down justice”.

The Criminal Bar Association (CBA), which represents barristers, antecedently criticised nan scheme and said it could summation nan consequence of group being jailed for short sentences – which placed further unit connected prisons.

Last week, it emerged criminals could beryllium spared jailhouse to debar putting unit connected prisons that are almost full.

Senior judges reportedly ruled courts should return into relationship overcrowding successful prisons erstwhile deciding whether to jailhouse criminals.

It comes aft nan authorities announced plans – known arsenic Operation Safeguard – to clasp immoderate prisoners successful nan northbound of England successful constabulary cells to effort to trim “acute and sudden” overcrowding successful jails.

The Magistrates Association said: “The hold of magistrates’ sentencing powers from six to 12 months is thing we had agelong campaigned for arsenic a captious intends of ensuring speedier justness for all. It was succeeding – delivering faster results for victims, witnesses and defendants.

“This caller statutory instrumentality is apt to slow down justice. It highlights nan value of a well-resourced justness strategy that tin header pinch nan measurement of cases considered by nan courts.

“We person been assured that nan region is temporary, and we will beryllium urging nan authorities to reconstruct magistrates’ extended powers arsenic soon arsenic possible. To not do truthful would further erode magistrates’ already debased morale and whitethorn good consequence successful resignations astatine a clip erstwhile nan authorities is actively seeking to boost nan number of sitting magistrates. We await confirmation of a day for a general reappraisal of nan statutory instrument.”

An MoJ spokesperson said: “We convey nan magistrates for each their difficult activity to thief america bring down nan backlog pursuing nan pandemic and guarantee victims get nan justness they deserve.

“Increasing their sentencing powers was 1 of galore measures introduced to thief reside nan effect of nan pandemic connected nan criminal justness system, but we person ever retained nan elasticity for this to beryllium changed arsenic needed.

“We proceed to make judge those who perpetrate nan astir superior offences are put down bars for longer.”