Criminal Justice and Immigration Bill

This new clause proposes a significant extension of magistrates’ sentencing powers. The noble Lord, Lord Kingsland, is of course right that the increase in their powers was originally enacted in the Criminal Justice Act 2003 to enable magistrates’ courts to pass custody-plus sentences. This is one of the few provisions of the 2003 Act not yet implemented, and we have no current plans to do so. Implementing the increase in sentencing powers separately from custody plus would be a major change to our sentencing framework and we are not persuaded that there is a strong case for making such a radical change. If the increased custody limit were implemented together with custody plus, the maximum actual custodial period that could be imposed by the magistrates’ court would be 13 weeks for one offence, which is the equivalent of the three months’ actual custody time that can currently be imposed. It was never envisaged that the magistrates’ courts would make use of the increased custodial sentencing power without custody plus. The new clause would mean a substantial increase in the magistrates’ ability to impose actual prison time; indeed it would be doubled. As I said, it would be a major change to increase the sentencing powers of the magistrates’ courts in this way. They are, after all, lay courts and are not intended to deal with the most serious and dangerous offenders who may require long custodial sentences. That is not in any way to disparage the magistracy, who remain a vital part of our criminal justice system and whose committed hard work, as all noble Lords know, is voluntary and deals with huge numbers of criminal cases. The current system ensures that defendants receive appropriate sentences. Magistrates’ courts can of course direct cases to the Crown Court when they assess that the defendant would be likely if convicted to require a heavier sentence than they are empowered to give. They can also commit a defendant who has been convicted to the Crown Court for sentence. Clause 103 ensures that the latter power will be available undiminished under Schedule 3 to the 2003 Act when it is implemented. In those circumstances, I hope the noble Lord will withdraw his amendment.