Magistrates

Debate between Lord Faulks and Baroness Seccombe

Thursday 7th July 2016 Lords Chamber

[Baroness Seccombe]

To ask Her Majesty’s Government what assessment they have made of the Magistrates’ Association’s request for an increase in the maximum penalty magistrates can impose from six to 12 months.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, we are committed to ensuring that the magistracy remains at the centre of our justice system. We are actively considering the possibility of increasing the sentencing powers for magistrates as one way in which we can make sure that this is the case.

[Baroness Seccombe (Con)]

My Lords, that is indeed good news because in the Magistrates’ Association there is a well-trained workforce ready and able to take on that extra responsibility. That would certainly help with delays in the senior courts. Delays are the bugbear of any court, so how should courts assess a situation in which a defendant pleads not guilty in the magistrates’ court, the case is prepared on that basis and yet on the first day of the Crown Court appearance, as soon he can, he changes his plea to guilty? This is extremely expensive for the public purse and, more importantly, causes great distress to victims and other people involved in those cases.

[Lord Faulks]

My noble friend makes an important point and, with her experience of the magistracy, a pertinent one. We very much respect the contribution that magistrates make to our criminal justice system. Some 90% of criminal cases in the justice system are dealt with by magistrates. As to her specific point, defendants are always encouraged to plead guilty— where appropriate, of course—at the earliest possible opportunity, and judges and magistrates very much bear in mind that, although there is a temptation for brinkmanship, the best way to show mitigation and reduce your sentence is to plead guilty at an early stage and save all the costs that my noble friend referred to.