The Criminal Bar Association has warned the government against increasing sentencing powers for magistrates, saying the “knee-jerk reaction” would “simply make things worse” for overcrowded prisons.
Reports over the weekend claimed the Ministry of Justice (MoJ) was looking at doubling the sentences that magistrates were allowed to impose from six months to a year, enabling them to pick up more serious cases.
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The desired result would see more trials taking place in a justice system hit with large backlogs, and a reduction in the record number of prisoners being held on remand, freeing up much needed prison spaces.
But the chair of the Criminal Bar Association (CBA), Mary Prior KC, said it would “only increase pressure on reduced prison space by speedily raising the much bigger sentenced prisoner population”.
An MoJ source played down the reports, but did not deny it was on the table or that measures were needed, telling Sky News: “We need to look at ways to drive down the remand population in our prisons.”
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The government has had to act quickly on prison overcrowding since it came into power as the estate was on the brink of reaching capacity.
Justice Secretary Shabana Mahmood signed off on controversial plans to allow prisoners to be released early – after serving 40% of their sentences, rather than the usual 50% – though certain offenders, such as those guilty of domestic violence, were to be excluded.
Last week around 1,750 prisoners were freed, with the government blaming the legacy left to them by the last Conservative government – namely “a prison system on the point of collapse”.
Previous government tried and failed with same measure
But there are still more than 17,000 prisoners awaiting trial on remand – a 50-year high and a 16% rise year-on-year – accounting for around a fifth of all those in jail.
Government sources told the Telegraph over the weekend that while double sentencing powers for magistrates would initially lead to higher prisoner numbers, it would help in the long-term to cut the remand population – many of whom could be released, even if convicted, due to the time they had already served.
The last Conservative government introduced the same measure in 2022 as it sought to deal with the courts’ backlog left over from the pandemic.
However, less than a year later, it had to reverse the decision as there was not the capacity in prisons to deal with the initial rise in inmates.
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Why are prisons overcrowded?
The CBA’s Ms Prior bemoaned the lack of consultation with “the criminal barristers or solicitors who deal every day with these cases”, and said the government “must stop simply tinkering around the edges of a system in the midst of collapse”.
“We had hoped that a new government would be a new start,” she told Sky News. “There is still time for this government to stop headline-grabbing policies and begin the vitally important process of rescuing the criminal justice system.
“We need to have a collaborative and sensible approach to the impact of sentencing when prisons are already full. “
The CBA chair added: “This suggestion has been tried before but removed very quickly. Doubling magistrates’ maximum sentencing powers will only increase pressure on reduced prison space, by speedily raising the much bigger sentenced prisoner population.
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“We are here, willing and able to help with the process of rejuvenating the criminal justice system, but it is going to require the court administration working collaboratively with the skilled criminal barristers across England and Wales to make a difference.”
A Ministry of Justice spokesperson said: “The new government inherited prisons on the point of collapse, which is why the Lord Chancellor took swift action by introducing emergency measures.
“We will continue to consider other long-term options to deal with the prisons crisis in a sustainable way.”