The new Labour Lord Chancellor Shabana Mahmood has used her powers to increase the sentencing powers of magistrates’ courts. From 18/11/2024 magistrates or district judges will be able to impose prison sentences of up to 12 months for some offences. This significant shift in the judicial landscape has generated discussion around whether the increase will achieve its aim of addressing prison overcrowding, or whether it will lead to an increase in custodial sentences. This has the potential to disrupt the broader legal system, including how some drivers committing motoring offences are sentenced.
Current Sentencing Powers in Magistrates’ Courts
Until 18/11/2024, magistrates’ courts can impose only impose a custodial sentence of up to six months for a single offence. After 18/11/2024 the magistrates’ maximum sentence for a single either way offence will increase from six to twelve months. Either way offences are crimes that can be tried in the magistrates’ court or the Crown Court, they include dangerous driving, causing serious injury by careless or dangerous driving and causing serious injury by dangerous driving. Before 18/11/2024 if the magistrates thought that a defendant should be sentenced to longer than six months, they had to send the case to the Crown court for a judge to pass sentence.
The changes do not affect most motoring offences because they are either non-imprisonable or they are summary only meaning that the maximum sentence is unchanged at six months or less.
For motoring offences, Magistrates have limited sentencing options, typically issuing fines, penalty points, or disqualifications from driving. In more severe cases, they may impose short custodial sentences, but these are relatively rare.
Certain motoring offences carry the potential for a prison sentence, but this is typically reserved for more serious violations. Offences such as dangerous driving, driving while under the influence of alcohol or drugs, and causing death by dangerous driving can result in imprisonment.
Despite having lower sentencing powers than the Crown court, magistrates are sometimes thought to be more likely to give custodial sentences, with less deliberation. This has sparked concerns that the changes will increase the likelihood of imprisonment for some motoring offences that would have previously carried a lesser penalty, such as a community order or a fine.
What Makes a Motoring Offence Carry a High Risk of Prison?
While many motoring offences can lead to fines or points on a driving licence, there are aggravating factors which could increase the possibility of receiving a custodial sentence.
- Death or injury: If a motoring offence causes harm to others, the courts are more likely to impose a custodial sentence.
- Repeat offences: Drivers with a history of previous offences are more likely to receive harsher penalties, as courts consider repeat offenders a greater risk to public safety.
- Serious misconduct: Driving under the influence of alcohol or drugs, especially when combined with careless or dangerous driving, increases the likelihood of a custodial sentence.
Will the Proposal Improve the Justice System?
The increase in sentencing powers in magistrates’ courts is largely motivated by the desire to alleviate the burden on the Crown Courts. With delays and a backlog in cases, the government believes that empowering magistrates to handle a wider range of more serious cases will help reduce pressure on higher courts and speed up the judicial process.
However, the legal community argue that this will simply make matters worse. The Law Society Director of Public Affairs, David McNeil announced they do not support the increase in sentencing powers, stating ‘changing one element of the system without due regard to the others is one of the reasons the system is in the state it is’.
With the government failing to consult lawyers before implementing the change, it poses the question, will this worsen the strain on the judicial system? Although the proposal may help clear the backlog in Crown Courts, it may also add to already overcrowded prisons, with individuals convicted of less serious offences.
Legal representation is crucial to minimising any potential sentences, whether it be custodial sentences, disqualification from driving or fines. With this change in legislation potentially increasing the likelihood of a custodial sentence for some motoring offences, instructing a specialist motoring solicitor is more important than ever.
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