Magistrates’ Courts have seen a number of changes recently in regards to magistrates terms and sentencing.

Magistrates recruitment

Magistrates recruitment has changed from the two in person interviews to a more streamlined approach. Now there is an online assessment and virtual interview conducted online lasting up to 75 minutes. There has been criticism that perhaps this could alienate some people who are not digitally aware, however in court magistrates do have to access online materials and sometimes join hearings online.

Magistrates retirement ages

To address the decline in numbers the retirement age of magistrates has been increased from 70 to 75. Whilst this will assist in maintaining numbers on the bench this does not help to ensure diversity in a group which is already criticised having an average age much beyond that of the average court user.

Magistrates sentencing powers

Magistrates have had their sentences power increased once again to try and deal with the backlog of cases in the criminal justice system. They can now sentence up to 12 months for a single offence. This hopefully deals with cases more efficiently than having to send them to the Crown Court if Magistrates do not have sufficient sentencing powers.

Sentencing Act 2026

The Sentencing Act 2026, amending the Sentencing Act 2020, received Royal Assent on 22 January 2026. Sentencing guidelines were thus amended to take account of provisions effectives from 22 March 2026 that those given sentences of less than 12minths will have these suspended, unless in exceptional circumstances, namely

-the offender is already in custody or on remand for another matter

-the offence was committed whilst the offender was serving a community or suspended sentence

-the offence broke a court order

-there is significant risk of physical or psychological harm to another person

This will obviously help to ease the burden on the prison population and hopefully provide better assistance to offenders who maintain their links with their community and can access help and support within these, aided by Probation. As for short sentences, little rehabilitation takes place in prisons during these, due to the time taken to set up any assistance and thus reoffending rates are most high from those who have served sentences of less than 12months.

Other changes include the ability to suspend sentences for up to 3 years, which was previously 2 years and when prisoners will be released. Prisoners were generally released half-way through their sentence, however now after serving only a third of their sentence they will be released. They will then serve the rest of the sentence in the community under supervision from the Probation Service

Whilst there are obvious advantages to these changes, particularly in trying to stem the ever growing prison population, this does mean that increased pressure is being placed on other services such as Probation who have to manage these offenders in the community.

Questions to consider

• Research what are the key qualities a Magistrates should show.

• Explain the interview process of a magistrate

• What changes did the Sentencing Act 2026 impose in terms of short-term custodial sentences?