Commenting on media speculation that courts may sit around the clock to hear cases relating to the rioting in cities across England, Tom Franklin, the Chief Executive of the Magistrates’ Association said:
“Our members are a vital part of the criminal justice system, hearing cases in courts across England and Wales. Without magistrates the system would quickly grind to a halt, and they are always willing and able to support the efficient delivery of justice, by hearing cases in their communities.
“Enabling courts to sit 24/7 is a decision made by the senior judiciary, not magistrates. If the protocol is enacted – as happened in 2011 – magistrates will support that process and hear the cases that come before them.
“Magistrates sometimes sit outside normal hours already – for example, for out-of-hours search warrant requests and at weekends to help deal with backlogs. They also worked flexibly during the pandemic. However, having courts sit around the clock also means there must be sufficient probation service staff, court legal advisers and other court staff, such as extra security and court ushers, to ensure the smooth running of the courts and the efficient delivery of justice.
“The courts sat 24/7 in 2011 in the aftermath of rioting. Back then there were over 25,000 sitting magistrates, but on 1 April this year – despite a recent successful recruitment campaign – there were just 14,576 magistrates – over 40 per cent fewer than in 2011. Additionally, the probation service has less staff than it needs, the prisons are close to full capacity, and there are just half the number of magistrates’ courts than in 2011. For over a decade now, the criminal justice system has lacked the investment it sorely needed. We have long called for a longer-term and sustained investment in the entire criminal justice system and unfortunately, it is during crises like this, that the chronic underinvestment in the system is laid bare.
“Any sentencing decisions by magistrates – whether that is to grant bail, remand someone or even impose a custodial sentence – follow strict guidelines in handling cases and magistrates are advised at all times by qualified legal advisers. Our members will face a difficult task hearing these cases, but we know that they will step up as and if they are needed.”
