Speeches by Farnsworth.

“I am afraid I have to disagree with the hon. Member, because the youth court has powers to sentence people for up to two years, so it already has higher sentencing powers than magistrates. Many of the cases we are talking about in the Crown court bench division would command a sentence of perhaps two years.”

“I think the hon. Member is saying this is a balancing exercise. It is about having a fair trial, but one that is equipped within our criminal justice system. That is exactly what the Government are doing here. Of course we need fair trials, but we also need a criminal justice system that is fair, and justice delayed is…”

“District judges in the magistrates courts sit alone every sitting day and hear cases and trials. They then go on to sentence if that person is convicted, or to release them if they are acquitted. That happens every day, so there is precedent within our criminal justice system. District judges hear the most serious and …”

“I recently introduced the criminal offence of unauthorised entry of a football stadium. That is a summary-only offence. There are examples in the magistrates court where credibility and dishonesty are key points of summary-only offences.”

“No, but it could very well come down to credibility. My hon. Friend is suggesting that no offences in the magistrates court would come down to credibility, or am I misunderstanding her point?”

“Common assault, for example—”

“On that point, what are the hon. Member’s thoughts in relation to a magistrates court where a magistrate has made a decision that a case is suitable for summary trial but then they have the opportunity—or the right if you like—to commit somebody for sentencing at the Crown court if the offence turns out to be more seri…”

“Can I also just mention Newton hearings? A defendant has pleaded guilty but does not accept all the allegations that the prosecution’s case sets out—perhaps the most serious aggravating feature. Then, there is a Newton hearing, at which a judge sits and decides what the factual situation is and goes on to sentence as w…”

“My point follows on from the powerful point the hon. Member is making about the need to look at good practice, which is something we should all get behind. Over my many years of working for the Crown Prosecution Service, I saw various schemes aimed at doing just that, but unfortunately, given that we are here today, th…”

“But the hon. Member is happy that youths are treated fairly in the criminal justice system, even if a single judge hears their case.”

“Please allow me to finish. It is because barristers have a duty not to mislead the court. If they are saying to the judge, “I know my client is not really going to get more than three years, but I am going to argue that they are because I want the jury trial,” then that would be very much against the requirements on ba…”

“I know that that would absolutely not happen—”

“The magistrates court goes through that process. The process of allocation to the Crown court bench division essentially mirrors what already happens in the magistrates court, and that is quite a straightforward procedure. It often takes less than five minutes—virtually always less than five minutes. Because the prosec…”

“It is true that the case has to go up to the Crown court, but it is not for the purposes that the hon. Member would like, as it were. It is because the magistrates’ maximum sentencing powers have been reached, and therefore they do not have the power, as opposed to it being preferable that the case go to somebody else.”

“This is a decision that magistrates make every day. Every sitting day, they look at allocation, and they do not put their finger in the air to decide what the sentence might be. The Sentencing Council provides guidelines for each individual offence. I know that the Conservative party does not like the Sentencing Counci…”

“On that point, will the hon. Member give way?”

“On a point of order, Ms Butler. I seek guidance on how we get back to clause 2, because we have veered off significantly from it. Clause 2 relates to provisions that have not yet come into force but could well come into force in the future, specifically in relation to how cases could proceed from the magistrates court …”

“On that point, will the hon. Member give way?”

“Mr Guest was giving evidence to the Justice Committee in his capacity on behalf of the CPS. He was talking with authority from the CPS, on the organisation’s behalf, on its official policy position. It is fair to say that the CPS, as Tom Guest said, is in favour of the structural reform we are making, is it not?”

“It is the case.”