Tougher powers for magistrates to clear trial backlog

Raab announces historic sentencing reform freeing up judges to deal with major crimes

MAGISTRATES are to be given powers to jail criminals for up to a year in an attempt to clear courts backlogs, in the biggest change to the justice system in 140 years.

Dominic Raab, the Justice Secretary, today announces the jail terms that magistrates can impose will double from the current maximum of six months, enabling them to try more serious offences such as assault, burglary, theft and fraud.

In an article for The Daily Telegraph, he says the change will increase the number of cases handled by magistrates, freeing up judges to concentrate on major trials and speed up justice by reducing their backlogs.

Hailing magistrates – who are volunteer lay people – as the “unsung heroes” and “linchpins” of the justice system, Mr Raab says he believes that they could “fairly and effectively” try more serious cases.

“Magistrates are dedicated, welltrained and supported with legal advice, allowing them to deal with a range of cases themselves, from traffic offences to burglary. I am confident they can play an even greater role in bringing down the backlog in the crown court, by taking on more cases themselves,” he says.

“It forms part of our wider strategy to get court backlogs down as quickly as possible, increase the prosecution rate of offenders, and give victims swifter justice.”

Leading barristers, however, warned that it would lead to more people being jailed – piling pressure on overcrowded prisons – as well as more appeals and more defendants being tempted to “take their chances with a jury” rather than a panel of three magistrates.

Crown court backlogs have grown to nearly 60,000 cases, from 40,000 before the pandemic, forcing victims to wait more than 600 days to get justice after a crime, a rise of 50 per cent. This is despite the Government investing £125million to tackle the delays.

By contrast, magistrates have already reduced their backlog of cases from 422,000 at the peak of the pandemic to 350,000, according to the latest Ministry of Justice figures.

The reform will be introduced by March to ensure all magistrates have the required training. It will be the first change to the sentencing limit since the Summary Jurisdiction Act of 1879 restricted magistrates to a maximum of six months imprisonment “with or without labour”.

It will only apply to so-called “eitherway”

‘This is a cynical means of depriving those accused of serious crime from being judged by their peers’

offences that can be dealt with by magistrates or crown courts. It excludes “indictable” offences such as murder, manslaughter or rape that have to go to crown court and “summary” offences, largely motoring, that are reserved only for magistrates.

Defendants will still be able to opt to have any “either way” case heard by a jury if they wish, but Mr Raab estimates the change could still save 1,700 sitting days in crown courts by enabling 500 jury trials to be switched to magistrates.

Jo Sidhu, QC, chair of the Criminal Bar Association, claimed it would not only deny some defendants a jury trial as magistrates decided to hold on to cases they might otherwise have passed to crown courts, but also generate more appeals as lawyers challenged magistrates’ legal judgment.

“Fiddling with magistrates’ sentencing powers is a betrayal of victims of crime. This is a cynical means of

depriving those accused of serious crime from being judged by their peers in our jury system,” he said.

“Keeping back more cases in the magistrates will in any event only trigger more appeals to the crown court, adding to the long list of cases and divert criminal advocates from tackling the existing pile up of trials.”

The Criminal Bar Association will announce today the results of a survey of its 2,500 members on possible industrial action over pay amid claims that the shortage of criminal barristers is contributing to delays.

The Bar Council claimed magistrates would be more likely to jail offenders, increasing the prison population, as well as sparking more appeals.

Mark Fenhalls QC, chair 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.”

Bev Higgs, chair of the Magistrates’ Association, said crown court backlogs were getting bigger because of the Covid pandemic.

“We are concerned with the reputation of the whole justice system because it affects everybody,” she said.

“Because of the impact on victims, complainants and witnesses of how long they have to wait and possibly be re-victimised by reliving the offences, we could see nothing but benefit from shortening the crown court list by very able, competent magistrates taking it up,” she said.

Mr Raab will activate a clause in Sir Tony Blair’s 2003 Criminal Justice Act to enact the change – Labour never went ahead with the plan – but he will also put an amendment into his Judicial Review Bill creating an “offswitch” to cancel the change if there are problems.

‹The Government last night suffered a series of defeats in the House of Lords on its protest Bill. Peers backed by 261 votes to 166 a Labour-led announcement to gut parts of the Police, Crime, Sentencing and Courts Bill that gave powers to impose conditions on demonstrations judged too noisy.

A further amendment was later backed by 236 to 158 to ensure there is “not an unintended ban on protests in Parliament Square”.