Call to curb magistrates’ powers

The UK's oldest penal reform charity has called for magistrates to be stripped of their power to hand down prison sentences.

But while the Howard League for Penal Reform said the move would "reduce short-term sentences and compel magistrates to work more closely with community projects and programmes", the Magistrates' Association said the "unwarranted attack" showed "a complete lack of understanding of the nature of offenders who appear in magistrates' courts".

While the number of short prison sentences is falling, such sanctions are still needed to deal with offenders who frequently breach community orders, the Magistrates' Association said.

In its response to Justice Secretary Kenneth Clarke's Breaking the Cycle green paper on sentencing, the Howard League said "more courageous action" was needed by Government to address the problem.

The group added: "Magistrates' over-use of custody could be prevented if they were required to remand an individual to the Crown Court for a custodial sentence.

"This would reduce short-term sentences and compel magistrates to work more closely with community projects and programmes."

Frances Crook, Howard League for Penal Reform director, revealed the Government's plan to reduce pressure on prisons was welcome and "timely given that the prison population is teetering on a new record high".

But John Thornhill, chairman of the Magistrates' Association, retorted: "The Howard League is irresponsible in suggesting that magistrates should not be allowed to impose a custodial sentence on any offender who has committed an offence which is so serious that only a prison sentence is right."

We have one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB's Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk.