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.”
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.