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prison
Could anybody tell me the maximum sentence a magistrate court can give.
Thanks.
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The maximum sentence the magistrates court can pass is twelve months in prison for two or more serious offences, however they are still free to transfer a defendant to a higher court for sentencing is they feel that the defendants crime deserves longer prison time. If you are attempting to decide whether to have your trial heard by the magistrates or may a jury in the higher courts there is reseach evidence that in general the magistrates are more likely to give lower sentences - so prob best advised to stay within magistrates court if you have the choice
Generally magistrates sentencing powers are still limited to six months imprisonment for a single offence, or series of offences. It is true that later this year their powers are to be increased to twelve months and this is part of a wide range of new sentencing options being introduced. Exceptionally they can award two terms of six months custody (to run consecutively, thus totalling twelve months) if they sentence a defendant on two or more �either-way� offences (see below). They have always had this power and it is nothing to do with the new powers being granted this year.
There are three classes of offences:
1. Summary Offences. These include many minor offences such as common assault, some Public Order Offences and about 99% of motoring offences. These can only be dealt with by the magistrates� courts.
2. Indictable offences. These are serious offences such as murder, manslaughter, rape and robbery. These can only be heard at the Crown Court before a judge and jury.
3. �Either-way� offences. These include Theft, Affray, more serious Public Order Offences and a very few motoring offences such as Dangerous Driving. As their name suggests, they can be heard in either court.
When an either way offence comes before magistrates there is a defined process to determine where the case is heard. This is known as the �Mode of Trial� decision. The defendant has the final right to trial by judge and jury (though not the right to trial in the magistrates� court should they, the magistrates, decline jurisdiction).
Should the magistrates deal with the case and, upon hearing the circumstances following conviction, decide that the offence warrants a harsher penalty than they can impose, they can commit the defendant to the Crown Court for sentencing by a judge.
As I said, don1, magistrates� sentencing powers (as far as the maximum term of imprisonment they can award) have not yet changed. It is true that some of the provisions of the new Criminal Justice Act have already been introduced (such as the implementation of new Community Penalty arrangements). However, magistrates are still limited to a maximum of six months, apart from the exceptional circumstances I and undercovers outlined. The increased powers of imprisonment are not due to take effect until the autumn.
Ward-minter�s recommendation to elect trial by jury if available should come with a warning. Firstly, a trial in a magistrates� court is never heard by a single lay magistrate or indeed only two of them. Very occasionally a case may be heard by a District Judge sitting alone but this is rare. So in almost all trials there is a bench of three and only two of them have to be swayed by the defence to secure an acquittal. In the Crown Court in most cases the judge will agree to a majority verdict (minimum of 10) from the jury if they cannot agree unanimously. This means that 10 people have to side with the defence for an acquittal. More important than the outcome, however, is the potential sentence. A defendant opting for a Crown Court trial (which costs between 10 and 20 times the cost of a summary trial in the Magistrates� Court) when magistrates agreed to hear the case, will undoubtedly receive a stiffer sentence (and be ordered to pay a higher contribution to prosecution costs) if convicted. If you are guilty, you should plead guilty at the earliest opportunity and you will receive the maximum discount.
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