Every day, the Magistrates’ Association (MA) advocates on behalf of our members. Our national officers, together with our five policy committees and supported by our small staff team, cover a wide range of issues that matter most to our members and represent the organisation on external bodies. Since our last advocacy update in May, we have worked on the following issues in particular.
1. Letters to new justice ministers
Following last month’s general election, we have written to all new justice ministers to congratulate them on their appointment, inform them about the MA and the vital work that magistrates do, and to share our key asks.
We highlighted the new government’s immediate challenges in the courts and wider justice system, and the long-term solutions that we feel are needed to face these challenges.
You can find out more about the new justice ministers in this blog. We look forward to working with them to ensure magistrates are high on the agenda for the new government.
We will continue to update members about our engagements and meetings with ministers, so please keep your eyes on our website and social media, as well as eNews, for updates.
2. Issues in the wider criminal justice system
The past three months have seen the criminal justice system face significant issues that we have voiced our concerns with.
On 15 May, the Lord Chancellor implemented Operation Early Dawn, to deal with prison overcrowding by delaying magistrates’ court cases. Neither we nor members were told about this in advance and we issued a media statement that day, expressing our disappointment at its poor implementation and communication. We also met the Ministry of Justice and HMCTS to share our views.
In August, we responded to the reports that courts may sit around the clock to hear cases relating to the rioting in cities across the country. We underlined that magistrates stand ready to support the criminal justice system, but stressed the importance of finding long-term solutions to address the chronic underinvestment in the system.
These themes align closely with our upcoming conference, where experts will be joining us to explore long-term strategies for strengthening the criminal justice system, focusing on prevention, rehabilitation, and the role of community engagement in reducing crime. It will be held online on 25 November and is free for members – don’t forget to reserve your space here.
3. Display screen assessments for magistrates
Following advocacy by the MA, HM Courts and Tribunals Service is planning to roll out display screen assessments for those magistrates who regularly use display screens as part of their role. It will apply to those magistrates who are frequent sitters and who use display screen equipment frequently – for example, to make use of Common Platform. The intention is that it will be trialled in the south west before being rolled out nationally – most likely by next spring. The MA is pleased that magistrates are being treated on an equal footing to the paid judiciary in this regard, but we will keep pressing for this to also apply in other areas – for example, the provision of flu vaccinations on an equal basis.
4. Letter to transport ministers on e-scooters
We have written to the Department for Transport regarding the growing concern among our members about the public’s lack of awareness of the laws surrounding e-scooter use in England and Wales. This issue was highlighted during our 2023 AGM, where members passed a motion calling on the government to launch a public information campaign to address this knowledge gap.
Our members have observed widespread misuse of privately owned e-scooters on roads and pavements, with few legal repercussions. There are also concerns about underage riders using rented e-scooters, which require a driving licence.
We have requested that the government undertake a public information campaign, publish data on e-scooter-related incidents, ensure consistent enforcement of the law by police and local authorities, and analyse the impact of emerging e-scooter technologies on public safety. We look forward to engaging further on these crucial issues, and we’ll keep you apprised of any reply.
5. Sentencing Council consultation responses: aggravating vehicle taking and immigration
Since our last advocacy update, our adult court committee responded to two Sentencing Council consultations.
a. Aggravated vehicle taking
In our response to the aggravated vehicle taking consultation, we highlight concerns about the proposed guidelines, particularly regarding dangerous driving, damage caused, and injury or death resulting from such offences. We note that while the guidelines mirror those for dangerous driving, there should be clear distinctions to account for the aggravation of vehicle taking. Additionally, we express concern over the disparity in sentencing for offences causing varying degrees of harm, especially life-changing injuries. We suggest closer alignment with existing driving standards guidelines and emphasise the importance of including factors such as disqualification periods in sentencing.
b. Immigration offences
In our immigration consultation response, we focus on several key areas, including the need for clear guidelines when determining harm factors and the practical challenges in proving criminal intent upon entering the UK.
We also highlight discrepancies between statutory sentencing limits and proposed guidelines, particularly regarding the breach of deportation orders. We also call for robust guidance to help magistrates navigate complex cases, such as those involving identity documents, and stress the importance of considering delays caused by the lack of interpreters during court proceedings.
6. Meeting with Ministry of Justice (MOJ) policy teams
Since the election, we have had meetings with various MOJ policy teams in the youth and family jurisdictions. These are a chance to reaffirm our working relationships and introduce ourselves to new team members. These positive, productive meetings are a key part of our policy work; maintaining close relations with key teams in government helps us advocate on behalf of members.
Our discussions focused on the work we’re both currently doing and finding ways that we can work together. We have identified several areas where we will collaborate, and we look forward to seeing these develop over the next several months.
