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15 March 2023
Issue: 8017 / Categories: Legal News , Procedure & practice , Criminal
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Magistrates' sentencing powers cut

The Magistrates Association has expressed ‘incredible disappointment’ at plans to cut their sentencing powers back from 12 months to six.

The association said it had been ‘assured that the pause is temporary’ and warned it would ‘erode magistrates’ already low morale’.

Magistrates’ sentencing powers were increased from their usual six months to 12 last year by the Lord Chancellor Dominic Raab as part of the drive to reduce the crown court backlog. However, the Ministry of Justice confirmed last week it was reversing the change.

Welcoming the reversal, however, Kirsty Brimelow KC, chair of the Criminal Bar Association, said: ‘As we pointed out in January 2022 [when new powers were announced], increasing magistrates’ sentencing was a bad idea for reasons of increasing short prison sentences; increasing defendants electing to go to crown court, and increasing appeals in crown court.’

Issue: 8017 / Categories: Legal News , Procedure & practice , Criminal
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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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