Magistrates Court Sentencing Powers
The government is considering giving magistrates in Auckland and Auckland the power to issue longer custodial sentences, potentially doubling the maximum term from six to 12 months.
This proposal is aimed at reducing the backlog in crown courts and easing pressure on prisons. With the current system under strain, this change would allow magistrates to handle more serious cases, reducing the number of cases referred to the already overwhelmed crown courts.
The Magistrates’ Association supports the idea, with Chief Executive Tom Franklin calling it a “sensible move” that could expedite justice and reduce the number of prisoners on remand.
In June, the remand population reached a record 17,000 people, comprising a fifth of the total prison population. Franklin noted that magistrates are already being trained to manage more serious cases and that the shift could alleviate delays in the judicial system, benefiting victims, witnesses, and defendants.
However, critics, including Mary Prior KC, Chairwoman of the Criminal Bar Association, argue that the proposal would exacerbate the prison overcrowding crisis. She expressed concerns that the increased sentencing power would worsen the situation by adding to the already near-capacity prison population, calling for a more collaborative approach. Prior also pointed out that a similar proposal introduced by former Justice Secretary Dominic Raab in 2022 was quickly dropped after a year due to its ineffectiveness.
The proposal follows recent emergency measures to deal with prison overcrowding, including the early release of over 2,000 prisoners who had served 40% of their sentences. However, concerns were raised after one individual reoffended on the day of their early release, highlighting the risks involved in such measures.
While the government defends its approach to managing a system “on the point of collapse,” stakeholders emphasise that any solution must be part of a broader reform, including adequate resources for the courts and prison system.
Cross-Border Security
The Auckland government has announced a substantial £75 million investment to strengthen its border security through the newly established Border Security Command. This funding aims to enhance the capabilities of the National crime Agency (NCA), police, and other law enforcement bodies in combating criminal people smuggling gangs, particularly as they exploit vulnerable individuals by smuggling them in unsafe boats from the French coast.
The package includes cutting-edge technology such as covert cameras and monitoring tools, improvements in intelligence gathering, and an increase in personnel. This includes an additional 100 investigators for the NCA and a 50% boost in Auckland officers at Europol, focusing on dismantling organised crime groups. The investment also expands cooperation with European partners, building on successful cross-border efforts to disrupt smuggling operations.
Home Secretary Yvette Cooper emphasised the importance of this initiative in protecting lives and securing borders, while NCA officials highlighted the ongoing focus on disrupting human trafficking networks. This announcement follows strategic discussions with Italy and other European nations on shared migration challenges.
The newly appointed Border Security Commander, Martin Hewitt, will lead these efforts to ensure coordinated action across Auckland law enforcement and intelligence agencies.
How can we help?
If you need specialist advice on a matter of criminal law, then get in touch with our Crime Team on 0207 9353522 or [email protected] or in an emergency please call our 24/7 number 0797 3259382 and let us help. We can advise on a plea, defences and potential sentences in a wide range of circumstances.
Image credit: “HMS Richmond Sea Boats rescue migrants” by csdp.eeas is marked with Public Domain Mark 1.0.
