Reports over the weekend suggest that the UK Ministry of Justice (MoJ) is exploring a significant change in sentencing policy, potentially doubling the maximum sentence magistrates can impose from six months to one year. The proposed increase aims to address the severe backlog in the justice system and alleviate the pressure on overcrowded prisons.
The MoJ’s proposed measure seeks to enable magistrates to handle more serious cases, potentially accelerating the judicial process and reducing the number of prisoners held on remand. This adjustment could help alleviate the strain on prison facilities, which are currently facing unprecedented overcrowding.
However, Mary Prior KC, Chair of the Criminal Bar Association (CBA), has criticized the proposal, warning that it could exacerbate the prison space crisis. Prior argues that increasing sentencing powers would lead to a larger sentenced prisoner population, further straining already limited prison resources.
An MoJ source acknowledged the need for reforms but downplayed the immediate impact of the reports. The source emphasized the need to address the growing remand population, stating: “We need to look at ways to drive down the remand population in our prisons.”
Since taking office, the government has faced mounting pressure to tackle prison overcrowding. Justice Secretary Shabana Mahmood recently approved controversial plans allowing prisoners to be released after serving 40% of their sentences, rather than the standard 50%. This move excluded certain offenders, such as those convicted of domestic violence. Last week, around 1,750 prisoners were released as part of these emergency measures, a response to what the government describes as a prison system on the brink of collapse.
Despite these efforts, over 17,000 prisoners are currently awaiting trial on remand, marking a 50-year high and a 16% increase from the previous year. This group constitutes about 20% of the total prison population.
Government sources suggest that while doubling magistrates’ sentencing powers may initially increase the prisoner count, it could ultimately help reduce the remand population by potentially allowing for earlier releases based on time already served.
The previous Conservative government attempted a similar measure in 2022 to address court backlogs caused by the pandemic. However, the policy was quickly reversed due to insufficient prison capacity to accommodate the increased number of inmates.
The CBA’s Mary Prior has called for a more collaborative approach, criticizing the government for not consulting with criminal barristers and solicitors who handle these cases daily. “We need a sensible approach to sentencing, given the current state of our prisons,” Prior said.
A Ministry of Justice spokesperson affirmed that the new government inherited a prison system in crisis and is committed to considering long-term solutions to address the overcrowding issue in a sustainable manner.