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. 

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. 

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. 

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. 

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. 

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. 

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.