Magistrates will be
given new powers as part of the Government’s reforms of
rehabilitation.
Offenders serving short
custodial sentences will now be subject to supervision in the community and if
they do not comply with the supervision requirements magistrates will have new
powers to deal with them, including sending offenders back to custody for up to
a fortnight. This will mean magistrates will play a crucial role in the
rehabilitation of offenders Justice Minister Damian Green said today. This is
just one of the ways the role of magistrates is being maximised to reflect
modern society and to tackle stubbornly high levels of
reoffending.
Provisions in the Offender
Rehabilitation Act 2014 mean that for the first time offenders who go to jail
for less than twelve months will be supervised in the community for one year
after they leave prison. After a period on licence they will have a further
period of rehabilitative support in the community. Offenders who breach the
conditions of that supervision, for example by failing to attend a drug or
alcohol rehabilitation programmes or not turning up to training, can be brought
before a magistrate and face returning to prison for up to two weeks. They can
also face fines, curfews with electronic tags or being required to do work in
the community.
In a speech at the Policy
Exchange, the Justice Minister set out some key proposals which
include:
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Encouraging magistrates to spend
more of their time working on community projects such as engaging with schools
and to youth groups on the role of the magistracy. Not only would this help
strengthen the link between local communities and the magistracy, it would also
ensure that the public understands the way the justice system works. This would
build on good work already under-way.
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Magistrates playing a greater
role in rehabilitation, for example by supporting the resettlement of young
offenders, and rehabilitation of adult offenders.
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Changing the recruitment process
including proposals for more flexible working patterns and a ten-year tenure
supported by a clear career structure. This would give more people the
opportunity to volunteer and might encourage more applicants with work, study
or childcare commitments.
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Giving local courts the
information and tools they need to identify and share good practice and develop
new and innovative court practices to improve performance.
Justice Minister Damian Green
said:
Since 1285, magistrates have
played an important role in administrating local justice. They are the
cornerstone of the Criminal Justice System, and bring with them a wealth of
knowledge and experience from outside the legal system.
Thankfully crime is falling, but
we must make sure that the role of magistrates continues to reflect modern
society and we use their expertise to address stubbornly high reoffending
rates. This new power will mean magistrates can help us respond quickly to
offenders who breach their supervision conditions and help keep them on the
straight and narrow.
Last year, the Justice Minister
launched a consultation, speaking directly to hundreds of magistrates around
the country, to identify key priority areas for change. The following proposals
have already been put into motion:
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A new single magistrate
procedure so they can work on their own, rather than in a bench of three when
dealing with low level regulatory cases. At present a great deal of
magistrates’ and court time is currently spent going through the motions
of hearing cases where the defendant has either not responded or has entered a
guilty plea by post. This is disproportionate and quite simply wasteful. New
provisions in the Criminal Justice and Courts Bill will remove low level
‘regulatory’ cases, like TV licence evasion or driving without
insurance out of a traditional court room, freeing up magistrates ‘time
to deal with more serious offences which have the biggest impact on local
communities.
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Tackling high reoffending rates
with new powers for magistrates to be allowed to commit an offender to custody
for up to 14 days, if they fail to comply to supervision conditions these
powers were introduced in the Offender Rehabilitation Act
2014.
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The MoJ has looked into reasons
why, in recent years, four out of ten defendants committed for sentencing in
the Crown Court received custodial sentences that they could have received in a
magistrates’ court. The Magistrates Association are currently researching
this issue, which will help feed into policy reform.
Magistrates’ courts deal
with 19 out of 20 defendants in criminal cases and continue to play an
important role in the criminal justice system. These reforms play into the
re-launch of the Criminal Justice Strategy and Action Plan in the
summer.
Notes to
editors
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As of 1st April 2013 there were
around 23,500 magistrates in England and Wales.
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Over 50% of serving magistrates
were over the age of 60 on this date, although the youngest eligible age to
become a magistrate is 18 years.
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In 2012 magistrates dealt with
94% of defendants in criminal cases and committed the remaining 6% of
defendants for trial in the Crown Court.
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During 2012, 1.48 million
defendants were proceeded against in the magistrates’ courts and around
88,000 defendants were tried in the Crown Court.
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Magistrates can sit on Family,
Youth and Adult courts
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Magistrates have the power to
sentence criminals to up to six months in prison and issue fines of up to
£5,000.
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A defendant in a Youth Court can
be sentenced to a Detention and Training Order for up to two
years.
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The role of the magistrate came
about in 1285 when the Justices of Peace Act introduced the concept of members
of the community being given powers to administer justice.
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Magistrates are required to
undertake specific training before taking on their role, and continue to
receive training throughout their service. Once a magistrate is sworn in, they
undertake 3 days of core training before sitting. They receive regular training
thereafter to maintain competence throughout their service, and are also
appraised every 3 years.
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For further information please
contact MoJ Newsdesk on 0203 334 3536