Magistrates are to be given tougher sentencing powers, allowing them to jail offenders for up to a year.
Justice secretary Dominic Raab announced the reform today which will double the maximum prison sentence that can be handed down in magistrates’ courts in England and Wales.
The move has caused quite a stir - and not just among the criminal community.
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Here we explain the thinking behind the controversial move and why some legal experts don't support the changes.
Let's start with the basics. Who are magistrates and what type of cases do they deal with?
Magistrates are civil officers, volunteers who deal with less serious crimes like motoring offences, minor assaults and some thefts. But they can only impose prison sentences of up to six months for a single offence at present.
So when magistrates think defendants deserve a prison sentence of longer than six months, they have to hand the case to a judge at crown court.
So, what is the Government planning to do and why are they doing it?
The Government is planning to allow magistrates to hand out sentences of up to a year, rather than six months. Justice Secretary Dominic Raab says he hopes it will free up crown courts which are facing huge delays. Many serious cases are being pushed back until late 2023.
Ok - what are the maths?
The Ministry of Justice thinks that by doubling magistrates' sentencing powers to a year, it can stop about 500 cases going to crown court - giving judges 2,000 extra days to handle more serious crimes.
The courts system is facing unprecedented delays - and as of June last year there was a record high of more than 60,000 crown court trials waiting to be heard.
How come it's not just offenders who are upset about it?
Criminal lawyers are predicting that far from sorting out the backlog of cases it could have the opposite effect. They say more defendants may appeal against sentences given by magistrates, many of whom have no legal qualifications
The Bar Council, representing all barristers in England and Wales, also warned that more defendants may exercise their right to go before a jury - adding to the already enormous pressures in the system.
Any other possible downsides?
Some lawyers fear there could be a spike in the prison population if magistrates exercise their new powers, further stretching the Government's budget.
Penal reform campaigners agree, describing the measure as “the height of irresponsibility”, warning that it would stretch the prison system to breaking point.
Is anybody actually backing the move?
Magistrates themselves, you might not be surprised to learn. The Magistrates' Association - which had campaigned for sentencing powers to be extended - said magistrates would take up the new responsibility with pride and professionalism, and would "strive to deliver the highest quality of justice".
When will these new powers be introduced?
The changes are expected to be brought in in the coming months. They will only apply to either way offences - which are cases that can be dealt with either by magistrates or by judges at the crown court. A defendant charged with an either way offence can insist on the case being heard by a jury in a crown court if they wish.
The Government said training will be provided by the Judicial College to make sure the powers are used "consistently and appropriately" - and the Government will have powers to reverse the change if needed.
