Judges told to push back sentencing amid prison overcrowding crisis
Magistrates have been told to consider pushing back the sentencing of criminals because of concerns about overcrowding in prisons.
Sky News has seen an internal direction sent to courts in England and Wales saying hearings due in the next two weeks should be reviewed if the defendant is currently on bail – and potentially postponed until mid-September.
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The document, sent on Wednesday by deputy senior presiding judge Lord Justice Green, and first reported by the Times, said the direction was being made “in the context of the current challenges in our prisons”.
They added: “Where it is assessed that a custodial sentence is a possible outcome, consideration should be given to rescheduling the hearing for the shortest possible period of time, but not earlier than 10 September.
“Every case must be considered on an individual basis and decisions must be made on the basis of the interests of justice.”
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The government has already announced the standard release date for many prisoners will be brought forward – freeing up thousands of cells across the country.
But this measure is not due to come into force until 10 September, meaning the large numbers of recent riot-related convictions are putting extra immediate pressure on the prison system.
The direction from Lord Justice Green means that individuals who have been found guilty of crimes will potentially stay out of prison on bail for several more weeks.
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A government source pointed out that defendants judged to pose the most significant risk to the public will already be behind bars and this guidance does not apply to them.
The source also said courts can impose stringent bail conditions ahead of sentencing.
A Ministry of Justice spokesman said: “The new government inherited a prisons crisis, and this is yet another sign of the pressures our justice system is facing. The changes coming into force in September will bring it under control”.
Magistrates deal with crimes like assault and burglary, and have the power to hand down a maximum sentence of six months for a single offence and 12 months for multiple offences.
Earlier this week, the government triggered Operation Early Dawn – meaning defendants could be held in police cells for longer until prison space becomes available.
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MP Mike Amesbury has pleaded guilty to assault by beating for punching a man in Cheshire.
The Runcorn and Helsby MP appeared at Chester Magistrates’ Court on Thursday morning where he admitted attacking 45-year-old Paul Fellows in Main Street, Frodsham, Cheshire, in October.
Speaking outside the court, he said his actions were “highly regrettable” and he was “sincerely sorry” to Mr Fellows and his family.
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CCTV footage showed Amesbury, who has been an MP since 2017, punching Mr Fellows to the ground.
Other previously released videos from another angle show Amesbury punching Mr Fellows repeatedly after knocking him to the floor as members of the public intervened.
It was reported to police at 2.48pm on Saturday 26 October.
The court heard how Amesbury told Mr Fellows “you won’t threaten your MP again” after punching him in the head with enough force to knock him to the ground.
The 55-year-old politician is currently an independent MP after he was suspended by Labour at the end of October when the CCTV footage emerged.
After admitting assault, the Labour Party confirmed his suspension will continue and he will remain an independent MP.
Reform UK said Amesbury should “do the honourable thing and resign immediately so a by-election can be held”.
The PM’s official spokesperson declined to comment on whether the MP should resign.
Pic: Richard Townshend/UK Parliament/PA
Punch followed chat about bridge closure
The court heard Mr Fellows recognised Amesbury in the taxi rank in Frodsham town centre at about 2am on 26 October last year.
Both were alone and had been drinking.
Alison Storey, prosecuting, said Mr Fellows approached the MP to remonstrate about a bridge closure in the town and CCTV then shows they spoke for several minutes but there was no aggression or raised voices.
Mr Fellows then started to walk away but Amesbury re-engaged and was heard saying “what” a few times before shouting it.
The victim then put his hands in his pockets and turned towards the taxi queue and when he turned back Amesbury punched him in the head, knocking him to the ground.
He then punched Mr Fellows again, at least five times, Ms Storey said.
She told the court he was then heard saying “you won’t threaten your MP again will you”.
Amesbury was voluntarily interviewed under caution by Cheshire Police in October and was charged with common assault on 7 November.
At the time, Amesbury said what happened was “deeply regrettable” and that he was cooperating with police.
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‘It is right he has taken responsibility’
A Labour Party spokesman said: “It is right that Mike Amesbury has taken responsibility for his unacceptable actions.
“He was rightly suspended by the Labour Party following the announcement of the police investigation.
“We cannot comment further whilst legal proceedings are still ongoing.”
Amesbury is set to be sentenced next month. If he is sent to prison or given a suspended sentence, he could lose his seat in the Commons.
A sentence of less than a year, even if it is suspended, would leave him liable to the recall process, which would trigger a by-election if 10% of registered voters in his seat sign a petition calling for it.
A jail term of more than a year would mean he automatically loses his seat.
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