Magistrates: Sentencing Powers

Debate between Lord Keen of Elie and Baroness Seccombe

Tuesday 8th November 2016 Lords Chamber

[Baroness Seccombe]

To ask Her Majesty’s Government, further to the answer by Lord Faulks on 7 July (HL Deb, cols 2120–2), whether consideration of increasing magistrates’ sentencing powers has concluded; and if so, what conclusions have been reached.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, we are committed to keeping the magistracy at the centre of our justice system as we transform our courts and tribunals. We are still considering the case for increasing magistrates’ courts’ sentencing powers as one way to achieve this.

[Baroness Seccombe (Con)]

My Lords, it is four months since I asked my Question about the sentencing powers of magistrates. At that time, I was encouraged by the Answer from my noble friend Lord Faulks. Does my noble and learned friend feel that the time is coming when we should think more about this? I was very heartened by the Justice Select Committee’s recommendation that such an increase should occur. The Magistrates’ Association would welcome this move. It would like more cases to be resolved locally and more speedily, at the same time saving millions of pounds, which at this time would be very helpful. As a magistrate of long standing, I know that all cases are dealt with sentencing anyone to prison for a short time. Magistrates today are highly trained. Does my noble and learned friend feel that the time has come to accept the Select Committee’s recommendation?

[Lord Keen of Elie]

I am obliged to my noble friend. We recognise that magistrates deal with more than 90% of criminal cases in the justice system. The proposed increase in sentencing powers was introduced by the Labour Government in 2003. They contemplated it for about seven years. We have not quite caught up with them yet, but we have had the recent report from the Justice Select Committee and we will consider its recommendations carefully. One of those recommendations noted that the Sentencing Council’s new allocation guidelines, which came in in March 2016, should be given an opportunity to bed in before the matter is finally reviewed, and we will do that.