Magistrates to get more sentencing powers

Magistrates are to be given more sentencing powers in a bid to tackle the backlog of cases waiting to be dealt with by criminal courts..

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.

The Ministry of Justice (MoJ) estimates this could free up almost 2,000 extra days of crown court time a year but critics warned the plan could have the opposite effect and actually add to the backlog.

The move will allow magistrates to sentence more serious cases 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.

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.

But Alex Cunningham, Labour's shadow courts and sentencing minister, said: "Ministers must give assurances that greater powers for magistrates won't inflict even more burden on crown courts - with increased numbers of appeals."

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

"It is also quite possible that the changes may prompt more defendants to elect trial in the crown court, increasing the backlog.