Written question asked by Wayne David (Labour) on Friday, 23 February 2024, in the House of Commons. It was due for an answer on Wednesday, 28 February 2024 (named day). It was answered by Mike Freer (Conservative) on Wednesday, 28 February 2024 on behalf of the Ministry of Justice.

Administration of Justice

Question: To ask the Secretary of State for Justice, how many and what proportion of cases under the single justice procedure were stopped by magistrates as not being in the public interest in each year since 2021.

Answer: Magistrates have no powers to stop a prosecution on the grounds that it is not in the public interest. A magistrate can refer a case back to the prosecutor and request that they review their decision to prosecute. We do not hold any data on the number of times that this occurs. Alternatively, the magistrate can reduce the penalty imposed and even deal with the case by way of a conditional or absolute discharge. Guidance for magistrates on mitigating factors is provided in the sentencing guidelines.

Secondary information