Magistrates call for clear thinking on jailing powers

John Thornhill, chairman of the Magistrates' Association, said the move, which would double the current sentencing powers, could save as much as 65m in reduced custody and trial costs.

But he warned that he did not believe the Government was in favour of the move.

He was speaking as his association's annual general meeting in north London called for the Government "to increase magistrates' maximum sentencing powers to 12 months' custody".

Mr Thornhill said magistrates were "ready to accept greater responsibility" and called for the sentencing powers under section 154 of the Criminal Justice Act 2003 to be brought into use.

They would save "approximately 25m in reduced custody and in the region of 40m in trial costs", he said.

But he added: "We believed there was support for such implementation, but a recent comment from a senior Ministry of Justice official would indicate differently."

Mr Thornhill called on the Lord Chancellor, Justice Secretary Kenneth Clarke, "to confirm one way or the other what is the Government's current thinking on this matter".

A Ministry of Justice spokesman said: "We need a more intelligent approach to sentencing that targets the root causes of crime and reoffending, so making our communities safer and better places to live.

"There is no question that we must protect the public from the most dangerous criminals in our society. However, we must also ensure the courts have the power to make the right response to stop people committing crime.

"We are therefore in the process of conducting a full assessment of sentencing and rehabilitation policy to ensure it is effective in deterring crime, protecting the public, punishing offenders and cutting re-offending.

"We will consult on any proposals shortly."

Mr Thornhill said the current justice system was "incoherent", with cases of 1.30 fare evasion being adjourned at considerable expense and 37,000 offenders a year receiving cautions for assaults that could see them jailed if the same case were to come before the courts.

He also warned that funding for alternatives to custody must be made available if the Justice Secretary's rehabilitation revolution was to be a success.

"If we are to have a rehabilitation revolution then such programmes have to be widely available to all courts, adequately funded and properly administered," he said.

He added that "there must be a place for short-term custodial sentences".

Mr Thornhill went on: "Magistrates sentence honestly but are sometimes frustrated by the sentencing policy which lacks transparency thus undermining our honesty."

In a wide-ranging speech he also questioned the need for the introduction of neighbourhood justice panels, "when we have 30,000 well-trained and effective magistrates".

Later, Mr Clarke sought to reassure magistrates that he was not about to tear up short sentences and open the prison doors for murderers, rapists and robbers.

"If you are alarmed by the debate about that... it has not actually ever featured as part of our proposals," he said.

"The same with letting out the burglars, the rapists, the murderers, people being allowed to stab people and get a community sentence - all that.

"Just forget that. I've never met a sane person who agrees with any of those proposals and I regard myself as a comparatively sane man, so none of them are likely to come forward.