Proposals have been put forward to allow magistrates in England and Wales to hand down longer custodial sentences, in a bid to reduce the current backlog in crown courts and prisons. Such a move would enable magistrates to preside over more serious crimes and to double the maximum punishments for an offence from six to 12 months. Supporters of the proposal, such as Tom Franklin, chief executive of the Magistrates’ Association, hope that this could help prevent the “collapse” of a justice system said to be struggling under the pressures of growing backlogs and overcrowding in prisons.
Statistics show that in June of this year, there were a record 17,000 prisoners on remand, representing about 20% of the total prison population. One potential benefit of the new proposals would be a reduction in the number of prisoners awaiting trial, known as those on remand. According to Mr Franklin, magistrates have not only already received training to deal with “slightly more serious cases”, but could also potentially deal with the “least serious cases currently being dealt with by the Crown Courts” if the proposals were implemented.
This potential solution has been welcomed by some, who feel that a system that helps to speed up justice for all parties could prove advantageous. However, detractors argue that there are pitfalls to expanding the role of magistrates in this way. Mary Prior KC, chairwoman of the Criminal Bar Association, has argued that these proposals might not be the best course of action to address the “near-capacity” prisons, as increased prison sentences could risk creating even more pressure in the long-run.
One proposed solution to address this conflict is to provide magistrates with more resources, such as legal advisors and probation officers, which would be necessary to make the scheme a success. It is hoped that, with sufficient support, this initiative could help to alleviate the burden facing the justice system in England and Wales while ensuring that justice is being served in a timely manner
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