What sentences can magistrates give?
If they plead guilty or are later found to be guilty, the magistrates can impose a sentence, generally of up to six months’ imprisonment for a single offence (12 months in total), or a fine of an unlimited amount.
Do magistrates have to follow sentencing guidelines?
By law, judges and magistrates must sentence according to Sentencing Council guidelines, unless it would be unjust to do so. They have the discretion to depart from sentencing guidelines if they think it would be in the interest of justice to do so, given all the circumstances of a particular case.
Do magistrates decide the sentence?
So, while the judge or magistrates will hear all the facts of the case and decide on the appropriate sentence for a particular offender, it is important to take into account the wider context that sentencers are working in, which limit the options for the sentence that a particular offender should get.
What are the maximum sentencing powers of magistrates?
Sentencing in magistrates’ courts Magistrates have sentencing powers that allow them to impose a range of sentences, including unlimited fines, bans, community orders and up to six months’ custody for a single offence and 12 months in total.
How long can a magistrate put you in jail?
In the Magistrates’ Court, the maximum sentence that can be imposed on an adult defendant for a single either-way offence is 6 months’ imprisonment and/or a fine. A defendant facing 2 or more either-way offences can be sentenced to a maximum of 12 months’ imprisonment and/or a fine. You can read more here about fines.
What is a Level 5 fine in the magistrates court?
New legislation has come into force granting magistrates powers to issue unlimited fines for health and safety offences in England and Wales. Fine levels were set on a “standard scale” of 1-5 (5 being the most serious) ranging from a cap of £200 (level 1) to a cap of £5,000 (level 5).
What is the sentence for Twoc?
TWOC is a summary only offences meaning that it can only be dealt with in the Magistrates Court where the maximum sentence that can be imposed is 6 months imprisonment. Theft is an either way offence (it can be dealt with in either the Crown or Magistrates Court).
Who decides the sentence in a magistrates court?
judge
If a jury finds the defendant guilty then the judge will decide on an appropriate sentence. Magistrates can find a defendant guilty and pass sentence themselves, or send the case to Crown Court for sentencing if they feel the offence is too serious for their own sentencing powers.