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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]
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.
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.
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 ...
A conviction in Magistrates Court can result in imprisonment of up to and including 3 years. In NSW, the maximum term of imprisonment, for a conviction of dangerous driving occasioning death, is: 14 years, if: the person's blood alcohol content was 0.15 or more; the person drove the vehicle at 45 or more km/h over the posted speed limit;
The maximum penalty is 14 years' imprisonment. In 1985 Murray Farquhar, the former Chief Stipendiary Magistrate of New South Wales, was convicted of attempting to pervert the course of justice to have charges against Kevin Humphreys dismissed and sentenced to a maximum of four years in prison. [10]
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 Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom.It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland.