What Is The Maximum Sentence In The Magistrates Court?
What Is The Maximum Sentence In The Magistrates Court?
Magistrates Courts
have sentencing powers that allow them to impose a range of sentences, including unlimited fines, bans, community orders and prior to November 2024 up to 6 months’ custody, depending on the offence. However, for those convicted after November 2024 for a single either-way offence, the sentence has increased to up to 12 months imprisonment.
In
addition to the punitive element of the sentence, the Magistrates can also impose
restrictive orders such as
Sexual Harm Prevention Orders, Restraining Orders,
Domestic Abuse Protection Orders and
Sexual Risk Orders.
Do All Cases Go To The Magistrates Court?
All cases begin in the Magistrates Court irrespective of the seriousness, your plea or likely sentence. However, not all cases will remain in the Magistrates Court. Whether or not your case will remain in the Magistrates Court will depend on the offence alleged, the circumstances of the alleged offending, and in some cases the choice of the defendant.
The defendant will have a choice where their case is heard if they are charged with an either-way offence, unless the Magistrates refuse jurisdiction over the case. Magistrates are likely to refuse to hear a case where it is too serious, involves complex legal arguments or disputed and complex forensic evidence which would be best placed before a Crown Court
judge.
What Is An Either-Way Offence?
There are three types of criminal offences; summary only offences which can be heard by the Magistrates Court only for example common assault
and controlling or coercive behaviour, either-way offences can be heard by both the Magistrates and the Crown Court and include indecent image offences, sexual communications with a child, and sexual assault. Indictable only offences which are those deemed far too serious such as rape
and sexual assault by penetration
are sent to the Crown Court following the defendant's first appearance in the Magistrates Court.
If the Magistrates Court deems your either way offence too serious for them to deal with your case will be sent to the Crown Court. If the Magistrates Court accept your case you would then be given the option to elect which could you would like your trial to be heard in. There are many benefits to a Crown Court trial before a jury and there are greater procedural safeguards in place, however the sentencing powers of the Crown Court are greater than the Magistrates.
Should I Elect The Crown Court For Trial?
There are many benefits to having your trial in the Crown Court, conviction rates are lower and there are much better procedural and evidential safeguards for the defendant. When you are charged with a serious sexual offence
or an offence involving domestic abuse
we strongly advise our clients to elect the Crown Court where they have the choice to do so.
In the Crown Court your case would be heard by one judge and a jury made up of 12 members of the public, both serve different functions; the role of the judge is to make sure the laws and procedures are followed correctly, they will oversee the conduct of the defence and prosecution and ensure that the rules of evidence are followed. The jury are the finders of fact. They listen to the evidence, receive guidance on the law from the judge and decide whether they find the defendant guilty or not guilty. If the defendant is found guilty, they will be sentenced by the judge.
There is no automatic right to appeal from the Crown Court, to appeal a Crown Court conviction or sentence
your legal team will be required to identify grounds to appeal and then make an application to the Court of Appeal.
In the Magistrates court your trial could be heard by three lay magistrates or two lay magistrates and a District Judge. The Magistrates would be assisted by a legal advisor who is a qualified lawyer, their role is to provide advice and assistance to the magistrates on any complex areas of law where required. There is no jury in the Magistrates Court.
A defendant does have an automatic right to appeal from the Magistrates Court, the appeal is made directly to the Crown Court.
What Will Happen During My First Hearing at the Magistrates Court?
When you attend the Magistrates Court for your first appearance you will be expected to enter your plea. Prior to your appearance the Crown Prosecution Service will provide you/your legal team with the Initial Details of the Prosecution Case (IDPC for short). This is a summary of the evidence the CPS intend to rely on to prosecute you for the alleged offence. The information is usually deemed sufficient enough for the defendant to have an idea on the strength of the prosecution case, and therefore able to consider and decide their plea.
Although the first hearing at the Magistrates Court is relatively quick, there are a lot of considerations to have before you enter that plea and therefore, obtaining legal advice and representation prior to your first appearance at the Magistrates Court is essential to give you the best chance at defending the allegations made against you.
How We Help You to Prepare For Your First Appearance in the Magistrates Court
The decisions you have to make at the early stages of your case are important, and can impact the outcome. Before deciding your plea, or which court to elect for trial, it is important you understand the consequences of the decisions and that you understand the evidence against you.
When we prepare our clients for their first appearance we will ensure they have received the Initial Disclosure of the Prosecution Case, that this is carefully considered and that thorough advice on the strength of the evidence and our client's options are given to them. We want you to feel confident and informed when making decisions and attending court hearings in respect of your case.
If the CPS do not provide sufficient evidence to allow you to make an informed choice, or that evidence is not provided in good time then we will take the necessary steps to protect you from any disadvantage this could bring.
Strong representation and looking after our client is priority, supporting you and guiding you throughout your case is what are our team will do. Working with some of the country's leading barristers and experts we have combined experience of 25 years when preparing cases for court.
Our initial consultation is free, during this we discuss your case with you and how we can help put you into strongest position possible.
We Can Help With
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
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