Recommendation 7

We can see why the ability to vary magistrates’ sentencing powers according to capacity pressures might be attractive to the government. However, frequent changes to those powers are unlikely to assist magistrates in making consistent and effective allocation decisions. Further, it is possible that a future government might seek to either increase the maximum from 6 months to 24 months or reduce it from 24 months to 6 months for policy reasons alone. Given that is not what the power is supposed to be used for, it would be sensible and proportionate to limit the power to reduce the risk of misuse. (Conclusion, Paragraph 31)