Alexander Norris ©House of Commons
Prime Minister Andy Burnham has appointed Alex Norris as Lord Chancellor and Justice Secretary, inheriting the role at a crucial time for the criminal justice system, as the government continues to battle huge court backlogs, crumbling courts, prison overcrowding and workforce challenges.
Over the last year, the Magistrates’ Association has worked closely with the Ministry of Justice and Mr Norris’s predecessor David Lammy on significant reforms to the criminal courts, particularly in response to Sir Brian Leveson’s Independent Review, in which our members’ views were strongly represented.
While important progress has been made, much more remains to be done and we are urging Mr Norris to prioritise the following:
Give magistrates the tools to help the courts backlog
A key element of the government’s planned criminal court reforms is the extension of magistrates’ sentencing powers; moving more cases into magistrates’ courts and freeing up space in crown courts. As set out in the Courts and Tribunals Bill, magistrates will be able to hear cases that carry a sentence of up to 18 months’ imprisonment (up from a year currently), ensuring speedier justice for victims. The bill remains at Report Stage in the House of Commons and we urge Mr Norris, who has previously shown support for this element, to ensure it is taken forward.
A plan for the recruitment, retention and recognition of magistrates
If more cases are to be moved into the magistrates’ courts, there must be enough magistrates to deal with the load. We have been encouraged by the government’s ongoing magistrate recruitment drive and efforts to speed-up the process via a new national taskforce. However, recent figures have shown that there are still a significant number leaving the magistracy after serving a much shorter time than magistrates have historically. We urge Mr Norris to look at the current offer for magistrates, in particular recommendations we made in our 2025 report Magistrates Matter, such as a Volunteer Charter and a comprehensive magistrates’ recruitment and retention strategy.
A review of magistrates’ expenses
Magistrates should not be left out-of-pocket for the vital role they play within the criminal justice system. In our 2022 report It Shouldn’t Cost to Volunteer, three quarters of magistrates surveyed said that the role had created financial cost to them. Since that report’s publication, we have continued to push for expenses that reflect actual costs. We are making progress, but a consultation on magistrates’ expenses and wider support arrangements is not expected until the autumn at the earliest. At present, the Courts and Tribunals Bill proposes amending legislation so that eligible magistrate expenses can be moved from primary to secondary legislation, giving more flexibility as magistrates roles and working patterns change. If changes are made to the bill during its passage, Mr Norris must ensure this provision remains.
Further investment in the court estate
Earlier this year, the government announced an additional £247 million funding for the crown and magistrates’ courts, for more sitting days and vital repairs and digital upgrades to court buildings. Whilst this was a significant investment, the estate has an estimated maintenance backlog of £1.3 billion. As well as ensuring maintenance is funded, accessibility must also be prioritised. Our 2023 report Inaccessible Courts found that three quarters of 57 courts surveyed were inadequately accessible, with seven courts entirely inaccessible for disabled magistrates.
Investment in legal advisers
Legal advisers are there to provide advice to magistrates and without them present, magistrates are unable to fulfil their role. We are constantly informed by our members about court sessions which are cancelled – sometimes at very short notice – because no legal advisers are available. All too often, good legal advisers leave our courts for better-paid roles elsewhere in the public sector. Going forward, there must be enough legal advisers for courts to run effectively, for the benefit of victims, defendants and magistrates.
