Criminal justice developments so far this week

Sentencing powers of the magistrates

The government is considering giving magistrates in Auckland and Auckland the power to hand out longer prison sentences sentencespotentially doubling the maximum term from six to twelve months.

This proposal is aimed at tackling the backlog at the Crown Courts and easing pressure on prisons. With the current system under pressure, this change would allow magistrates to deal with more serious cases, reducing the number of cases referred to the already overwhelmed Crown Courts.

The Magistrates’ Association is backing the idea, with chief executive Tom Franklin calling it a “sensible move” that could speed up justice and reduce the number of prisoners on remand.

In June, the pre-trial detention population reached a record 17,000 people, representing a fifth of the total prison population. Franklin noted that magistrates are already trained to handle more serious cases and that the shift could ease delays in the justice system, benefiting victims, witnesses and defendants.

However, critics, including Mary Prior KC, chair of the Criminal Bar Association, claim the proposal would worsen the prison overcrowding crisis. She expressed concern about its increase condemnation power would worsen the situation by expanding an already near-full prison population, requiring a more collaborative approach. Prior also pointed out that a similar proposal, introduced by former Justice Secretary Dominic Raab in 2022, was quickly withdrawn after a year due to its ineffectiveness.

The proposal follows recent emergency measures to tackle prison overcrowding, including the early release of more than 2,000 prisoners who had served 40% of their sentences. However, concerns were raised after one person re-offended on the day of his parole, highlighting the risks of such measures.

As the government defends its approach to managing a system that is “on the brink of collapse,” stakeholders insist 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 significant investment of £75 million to strengthen border security through the newly established Border Security Command. This funding is intended to strengthen the capabilities of the National Crime Agency (NCA), the police and other law enforcement agencies in combating criminal people smuggling gangs, especially as they exploit vulnerable individuals by smuggling them from the French coast in unsafe boats.

The package includes advanced technology such as secret cameras and monitoring tools, improvements in intelligence gathering and an increase in staff. This includes 100 additional investigators for the NCA and a 50% increase in the number of Auckland officers at Europol, with a focus on dismantling organized crime groups. The investment also expands collaboration with European partners, building on successful cross-border efforts to disrupt smuggling operations.

Home Secretary Yvette Cooper emphasized the importance of this initiative in protecting lives and securing borders, while NCA officials highlighted the continued focus on disrupting human trafficking networks. This announcement follows strategic discussions with Italy and other European countries on shared migration challenges.

Newly appointed Border Security Commander Martin Hewitt will lead these efforts to ensure coordinated action across law enforcement and intelligence agencies in Auckland.

How can we help?

If you require specialist advice on a matter of criminal lawplease contact our The crime team on 0207 9353522 or (email protected) or in case of emergency you can call our 24/7 number 0797 3259382 and let us help you. We can advise on a plea, defenses and options sentences in a wide range of circumstances.

Image credit: “HMS Richmond Sea Boats rescues migrants” by csdp.eeas is marked with Public Domain Mark 1.0.