Magistrates May Receive Extra Powers
Under new reforms currently being considered by the Government, magistrates may soon be given extra powers to impose penalties at police stations.
The proposals, recently outlined by Nick Herbert, Minister of State for Policing, propose a new role for magistrates who would be given the power to decide whether or not individuals would then go to court.
The issue has arisen following concerns raised about penalties imposed at police stations being used inappropriately. If the proposed reforms do become law, then magistrates could be given the power to impose community penalties or suspended sentences without formally sitting in court in certain scenarios.
Stephen Scully, a defence solicitor in Lanyon Bowdler's criminal department comments "Obviously from a defence solicitor point of view this raises a number of initial concerns. Could this give the impression to defendants that the magistrates lack independence if they only consider the police version of events? Will vulnerable defendants still be entitled to legal representation to put forward their side of the story?"
Stephen continues "Will there be enough safeguards in place to protect people from 'taking the easy way out' by admitting to something they have not done simply to get out of the police station as soon as they can? Sometimes admitting to something in haste can have long term implications for a defendant. Having expert legal input would hopefully allay some of these fears and assist the Government in achieving their objective of speeding up justice and reducing costs."