Magistrates can dish out a year in jail from today

Magistrates have had their sentencing powers doubled in a bid to tackle the courts backlog – but barristers warned yesterday the move could trigger a flood of appeals.

Criminals will now face sentences of up to a year from today for a single offence, compared with a previous six-month maximum at a magistrates’ court.

the plans are part of a bid to relieve the huge crown court backlog of cases built up over the pandemic. Until now, magistrates have sent cases to crown courts for sentences longer than six months.

it is hoped that dealing with more offences in the lower court will free up time for crown courts to handle complex and serious cases, delivering swifter justice for victims. Justice secretary Dominic raab estimates the move will free up 1,700 days of crown court time a year.

Yesterday, Mr raab said: ‘together with an extra 30 Nightingale courtrooms currently open, digital hearings and allowing the crown court to hear as many cases as possible for another financial year, we will deliver swifter and more effective justice for victims.’

But barristers fear offenders will launch

‘Could trigger more appeals’

appeals against decisions by magistrates, and say the reform first announced in January does not address the shortage of judges and lawyers.

Jo sidhu QC, chairman of the Criminal Bar association, which represents barristers across england and Wales, said: ‘Keeping back more cases in the magistrates may in any event only trigger more appeals to the crown court, adding to the growing lists of outstanding cases and diverting criminal advocates from tackling the pre-existing pile-up of trials.

‘there simply aren’t enough judges to sit because, as the Ministry of Justice knows full well, it can’t recruit sufficient judges who are in very large part drawn from the same diminishing pool of criminal barristers who also prosecute and defend and who are leaving in droves.’

Last week, the government also promised unlimited court sitting days to speed through the backlog of trials.

in January the Ministry of Justice launched a national campaign to recruit 4,000 new magistrates specifically targeting young people in a bid to boost diversity. since then, more than 34,000 people have registered their interest.