Recommendation 6

Clause 6 is one of the most radical measures proposed in the bill. It would give the power to the government to double the sentencing powers of magistrates from the current maximum of 12 months to 24 months through a statutory instrument with limited parliamentary oversight. The government has presented this as a moderate measure which simply modifies an existing power. However, there are good reasons to question this. In Part 1 of the IRCC, Sir Brian recommended removing the power to vary the maximum sentencing power of the magistrates’ court and permanently setting it at 12 months. Clause 6 is diametrically opposed to what Sir Brian recommended. Enabling lay magistrates to impose a custodial sentence of 24 months represents a significant shift in criminal justice policy, and we are not convinced that this has been sufficiently justified. Doubling the maximum custodial sentence will lead to more serious and complex cases being tried in the magistrates’ courts, and this will further increase workload pressures on a court which is already experiencing capacity issues. (Conclusion, Paragraph 30)