The courts minister has defended the government's decision to go beyond the Leveson review and give itself the power to let magistrates jail people for two years - as the battle between the government and opposition MPs to amend jury trial reforms enters its penultimate day.
Amendments tabled by opposition MPs would have prevented the government increasing magistrates’ sentencing powers beyond 12 months.
Liberal Democrat MP Jess Brown-Fuller told the Courts and Tribunals Committee on Tuesday that the amendment would keep the legislation in line with Sir Brian Leveson’s recommendation that magistrates’ maximum sentencing power remain at 12 months. Shadow justice minister Kieran Mullan said the power to extend magistrates' sentencing powers to two years should be made via primary, not secondary, legislation.
Sarah Sackman, minister for courts and legal services, told the committee that the ability to vary magistrates’ sentencing powers would enable the government to respond flexibly to changing circumstances and manage unsustainable pressures on the criminal justice system. She noted that the Conservative administration extended magistrates’ sentencing powers via secondary legislation.
‘To be candid, part of the reason why the government are introducing this measure is not simply a vote of confidence in our magistrates’ court and what we think it can cope with and deliver, but because it will enable us to bring down the backlogs quicker. That is the rationale. Although it is an extension, and goes beyond what was recommended by the independent review, we think that it is justified in the circumstances,' Sackman added.
MPs' scutiny of the bill and votes on amendments must be completed by 5pm next Tuesday.
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