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The maximum prison sentence in the magistrates' court is six months (which may be imposed consecutively up to 12 months for two triable either-way offences). There is also a range of ancillary sentences available to the courts, such as compensation orders, costs, restraining orders and disqualification orders, depending on the type of offence.
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]
The maximum length of custodial sentencing for online harassment was increased from six months to two years, and magistrates gained the power to pass cases on to the Crown Court. [ 11 ] The October 2014 amendment created a specific offence of distributing a private sexual image of someone without their consent and with the intention of causing ...
A magistrates' court may set aside and vary decisions of its own court, in relation both to sentence and conviction. In relation to conviction, a magistrates' court may order a rehearing of a case against a person convicted by that magistrates' court. [1] The court may exercise the power when it appears to be in the interests of justice to do ...
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 ...
It involves the sale of a new dwelling to a resident. An offender can be sentenced, on summary conviction to a fine of up to the statutory maximum for Magistrates' Courts or, on conviction on indictment in the Crown Court to an unlimited fine (s.20(4)).
Non-aggravated offences involving damage valued at less than £5,000 are triable only summarily by magistrates and the maximum sentence is three months' imprisonment and a fine of £2,500. If the value of the property damaged exceeds £5,000, the defendant is entitled to claim trial on indictment by a jury, but if tried summarily, may be ...
The maximum fines available for many regulation offences used to be relatively low at the magistrates court, however the Health and Safety (Offences) Act 2008, [4] and Section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 [5] (which came into force on 16 January 2009 and 12 March 2015 respectively) had the effect of ...