Alex Cunningham

Magistrates in England and Wales will have greater sentencing powers to enable them to take on more cases, under plans to clear Court backlogs.

The government plans To Let magistrates take on cases where the maximum sentence is a year, rather than the current six months.

It would allow magistrates to hear cases often held in Crown Court .

But criminal lawyers warn The Plan may backfire, and defendants would still have The Right to go before a jury.

Justice Secretary Dominic Raab Said he hoped The Move would reduce the pressure on Crown Courts and lead to quicker justice for victims.

The Move would allow magistrates - who are volunteers with no legal Experience - 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.

The Ministry of Justice thinks That by doubling magistrates' sentencing powers to a year, it could stop about 500 cases going to Crown Court - giving judges 2,000 extra days to handle more serious crimes.

The courts system is facing unprecedented Delays - and as of June Last Year there was a record high of More Than 60,000 Crown Court trials waiting to be heard.

Many serious cases are being pushed back until late 2023 - with as They Wait for their cases to be heard.

The Changes will only apply to Either Way offences - cases That can be dealt with either by magistrates or by judges at a Crown Court . A defendant charged with an Either Way offence can insist on the case being heard by a jury in a Crown Court if they wish.

Mr Raab told BBC Radio 4 's Today programme the government estimated The Change would " reduce the strain" on Crown Courts by around 1,700 cases.

He Said increasing magistrates' sentencing powers would mean That cases came to Court quicker meaning " greater justice for victims" and " more criminals seeing justice quicker".

Mr Raab Said The Move would help provide additional capacity to drive down the backlog of cases, alongside measures such as the temporary Nightingale courts.

Like Nightingale hospitals, these courts are temporary courtrooms - - That have been Set Up across England and Wales to try to deal with more cases.

Ministers plan to monitor how The Extra powers for magistrates are used - But many lawyers predict it will backfire.

They say more defendants may appeal against sentences given by magistrates, many of whom have no legal qualifications - or there could be a spike in The Prison population, further stretching the government's budget.

The Bar Council, representing all barristers in England and Wales, also warned That more defendants may exercise their right to go before a jury - adding to the already enormous pressures in The System .

And The Chairman of The Criminal Bar Association , Jo Sidhu , Said " fiddling with magistrates' sentencing powers is a betrayal of victims of crime".

Stuart Matthews, partner at criminal defence firm Reeds Solicitors, also warned people to " be afraid" - describing magistrates as largely " untrained volunteers, many of whom do not understand even The Most basic of legal principles".

Mr Raab Said That The One thing That would Hold Back The Court system's recovery from the pandemic would be if The Criminal Bar Association went on strike, which He Said he did not think other parts of the justice system or The Public would support.

Labour's shadow courts and sentencing minister Alex Cunningham also criticised The Move , calling it " another sticking plaster" solution.

" Ministers must give assurances That greater powers for magistrates won't inflict even more burden on Crown Courts - with increased numbers of appeals overloading a diminishing number of criminal advocates left in The System . "

But magistrates say they are delighted.

The Magistrates' Association - which had campaigned for sentencing powers to be extended - Said magistrates would take up the new responsibility with pride and professionalism, and would " strive to deliver the highest quality of justice".

The Changes are expected to be brought in in The Coming months.

The government Said training will be provided by the Judicial College to make sure the powers are used " consistently and appropriately" - and the government will have powers to reverse The Change if needed.

Last Year , the spending watchdog The National Audit Office could remain a problem for years - and there could still be significant Delays in 2024.

And in October, Mr Raab when the backlog would drop below pre-pandemic levels.

Source of news: bbc.com