Last week saw both the Crime and Policing Act and the Victims and Courts Act receive Royal Assent – two pieces of legislation which will have a far-reaching impact on the criminal justice system, including the magistrates’ courts.
The Crime and Policing Act aims to strengthen community safety, introducing over 70 measures, from tackling online stalking to anti-social behaviour. This includes respect orders issued by a court to ban repeat offenders from entering specified locations such as town centres, a new summary offence for assault of retail workers and repeal of section 22A of the Magistrates’ Court Act 1980, which states that shop thefts of £200 or less must be tried summarily.
These, among others, will directly impact magistrates’ courts – likely leading to an increase in caseload and more complex cases being heard. As demonstrated in recent years, magistrates have consistently risen to the challenge of increased responsibility. However, the success of this Act’s implementation will depend on magistrates being properly supported and on courts and probation services being adequately resourced.
The Victims and Courts Act brings six either-way offences in line with magistrates’ current sentencing powers, the general limit of which can be changed through secondary legislation. This includes breach of order offences – such as restraining orders and sexual harm prevention orders – ensuring better protections for victims. The Victims’ Commissioner will also have strengthened powers to hold the justice system to account and ensure victims receive the support they need, including support at court.
This law comes at a time when the Magistrates’ Association is looking at the experience of victims in magistrates’ courts, having recently input into the consultation on the new Victims’ Code. Navigating the justice system can be an incredibly daunting and stressful experience for victims. It is vital that they are protected and their voices are heard.
The Magistrates’ Association welcomes both Acts and their shared drive of seeing community safety strengthened and victims centred in the criminal justice system. At a time of rapid change for magistrates’ courts, it is essential that magistrates are equipped with the tools, training, and infrastructure needed to ensure this legislation is applied effectively.
The Magistrates’ Association recently held webinars with Victim Support, on the transition of the Witness Service, and the Alice Ruggles Trust, on stalking behaviours and Stalking Protection Orders. Access them on MA Learn.
