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All criminal proceedings start at a magistrates' court. Summary offences are lesser crimes (for example, public order offences and most driving matters) that can be punished under the magistrates' courts maximum sentencing powers of 12 months imprisonment, and/or an unlimited fine. [2]
Magistrates' powers are restricted to a maximum custodial sentence of six months for one offence or 12 months for two triable either-way offences (i.e. those offences that can be heard at either the magistrates' court or the Crown Court). The maximum fine the magistrates' court can impose is £5,000.
Magistrates also sit at the Crown Court to hear appeals against verdict and/or sentence from the magistrates' court. In these cases the magistrates form a panel with a judge. [60] A magistrate is not allowed to sit in the Crown Court on the hearing of an appeal in a matter on which they adjudicated in the magistrates' court. There is a right of ...
“Doubling magistrates’ maximum sentencing powers will only increase pressure on reduced prison space, by speedily raising the much bigger sentenced prisoner population.” ... in a bid to ...
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The maximum sentence a magistrates' court can impose is six months imprisonment for a single offence, or 12 months imprisonment for multiple offences, and an unlimited fine. [7] A magistrates' court is the starting point for the majority of the most serious types of crime that are later committed to the Crown Court.
In practice, magistrates have a wide range of sentencing options, which include issuing fines, imposing community orders, or dealing with offences by means of a discharge. In more serious cases, where magistrates' consider that their sentencing powers are insufficient, they can send 'either-way' offenders to the Crown Court for sentencing. [6]
The magistrate judge's seat is not a separate court; the authority that a magistrate judge exercises is the jurisdiction of the district court itself, delegated to the magistrate judge by the district judges of the court under governing statutory authority, local rules of court, or court orders. Rather than fixing the duties of magistrate ...