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14.08.13

Criminal cautions to be checked by magistrates

Magistrates could be given a range of new powers, including oversight of police officers’ use of cautions rather than prosecution.

Over 200,000 people in England and Wales last year were given cautions, including some for violent and sexual offences. Under the new proposals, victims would be given a right of appeal if their perpetrator is only cautioned.

Magistrates would also be able to scrutinise on-the-spot fines, warnings for cannabis possession and would sentence more criminals themselves rather than send them to Crown Court.

The proposals will now go out to consultation.

Justice minister Damian Green will say: “We need to make sure that it is only these cases which are getting out-of-court disposals and that all cases which should properly be brought before a court are brought to court.”

He will add: “Four out of 10 defendants sent to the Crown Court for sentencing received custodial sentences that could have been handed in the magistrates’ court.”

A spokeswoman for the Magistrates’ Association said: “This is a clear demonstration of both the Government’s commitment to magistrates and its confidence in the magistracy.”

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