The Government has introduced its landmark Courts and Tribunals Bill.
The Bill, which had its first reading on Tuesday (25/2/2026), takes its inspiration from Sir Brian Leveson's "once in a generation" review of the criminal courts system in England and Wales.
You can view the Bill as introduced here. Alternatively the Ministry of Justice has produced a factsheet summarising its key clauses.
Below I briefly summarise those directly affecting the work of the Magistrates' Court.
1. Removal of right to elect Crown Court trial:
The opening clause of the Bill seeks to remove the right of a defendant accused of an either way offence to elect a Crown Court trial (trial on indictment).
As things currently stand the Magistrates' Court determines whether or not an either way offence is suitable for either trial there (summary trial) or trial on indictment.
If the Magistrates' Court declines jurisdiction, then the matter will proceed to the Crown Court for trial on indictment. Alternatively, if the Magistrates' Court accepts jurisdiction then the defendant has the final choice between summary trial or trial on indictment.
The Bill seeks to remove this final choice. If the Magistrates' Court determines that an offence is suitable for summary trial, then that is how the matter will proceed. The defendant will no longer have the option of electing trial on indictment.
2. Increasing the sentencing powers of the Magistrates' Court:
As things currently stand the Magistrates' Court can impose a maximum sentence of 12 months in custody for any either way offence.
The Bill will amend the Sentencing Act 2020 so that in future the Secretary of State will be able to make regulations increasing the sentencing powers of the Magistrates' Court up to a maximum of either 18 or 24 months in custody.
3. Removing the automatic right of appeal from the Magistrates' Court to the Crown Court:
Under current rules anyone convicted of an offence at the Magistrates' Court has an automatic right of appeal against conviction and/or sentence to the Crown Court. The current appeal process, as described in an earlier article, involves a complete rehearing of the case as presented at the Magistrates' Court.
The Bill will amend the Magistrates' Court Act 1980 so that an appeal can only be brought with leave of the Crown Court. Instead of a complete rehearing, an appeal will be a hearing on the issues for which leave to appeal has been granted. A judge of the Crown Court will preside over the appeal hearing and there will no longer be any involvement of Magistrates.
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