NEW sentencing guidelines are preventing magistrates from using common sense, according to an East Lancashire solicitor.

Keith Pilkington, of Woodcocks Solicitors, said magistrates were now less able to use their discretion when dealing with people before the courts.

The first revised Magistrates’ Court Sentencing Guidelines in four years came into force last month and include detailed advice on a range of issues including levels of compensation and alternatives to jail.

But Mr Pilkington, who heads Woodcock’s crime department and is based in Rawtenstall, said they were more complex than ever.

Mr Pilkington said: “Magistrates are having to constantly refer to these complicated guidelines, which now cover more offences than ever before.

“This is slowing the whole process up and making it virtually impossible for magistrates to use common sense, because if they stray from what is set out, they must give a very good reason.

“Each case is individual and sometimes using experience and discretion is better for all concerned than having to spend a lot of time referring to a set of guidelines.

“Unfortunately it’s becoming more and more difficult to use good old fashioned common sense.”

Woodcocks is one of the country’s oldest established firm of solicitors and has offices in Rawtenstall, Haslingden, Bacup, Ramsbottom and Bury.