Commenting on today’s statement in Parliament by the Secretary of State for Justice, the Magistrates’ Association – the independent body for magistrates in England and Wales – has broadly welcomed measures to ensure speedier justice for thousands of people, but urged the Government to ensure that the magistrates courts have the resources they need to deliver efficient justice.
Magistrates’ Association Chief Executive Tom Franklin said:
“We have long called for radical action to deal with the crisis in our justice system. The system is in a mess, with the crown court backlog so acute that some cases are being scheduled to start in 2029. Every day that a case is not heard, is intolerable anguish and uncertainty for victims, witnesses and defendants, so measures that can speed up justice are needed – as long they balance efficiency with quality of justice.
“So, we welcome the government’s plan to enable magistrates to hear cases that carry a maximum sentencing range of up to eighteen months’ imprisonment (up from one year currently), with the option to extend it to two years. This can be introduced speedily and means that more cases will be dealt with in the magistrates’ courts, where they can be dealt with more quickly – making a dent in the huge backlogs of serious cases in the crown courts.
“The measures announced today are a big vote of confidence in magistrates, but to maximise the success of these changes, and so ensure speedier justice, we need to see more resources put into the magistrates’ courts. These include:
- ensuring there are enough, trained and well-paid legal advisers (without whom magistrates cannot hear cases)
- repairing and maintaining the crumbling court buildings and court rooms so they are safe and fit for purpose,
- agreeing a long-term and strategic plan for the recruitment, retention, training and recognition of magistrates – so that people from all walks of life will want to volunteer as a magistrate, and will not be left out of pocket for doing so.
“In addition, we supported Sir Brian Leveson’s original recommendation to create a new tier of the crown court, and we argued that those cases should be heard by a judge and two magistrates, to ensure that ordinary people are involved in both verdict and sentencing. The so-called ‘Swift Courts’ announced today will be judge-only and hear cases with a sentencing range up to three years. We would like to see magistrate involvement in these, and we are ready to help should the government decide to revert away from this model back to Sir Brian Leveson’s original proposal.”
In the media
Speaking today (2 December) on BBC Radio 4’s World at One, the MA’s National Chair David Ford pointed out that magistrates courts currently hear over 1 million criminal cases every year, and said that the magistrates courts could cope with the extra caseload that comes from today’s changes – provided there is sufficient support and investment. You can listen to David’s interview here (from 13:10: https://www.bbc.co.uk/programmes/m002n106)
