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Sentencing in England and Wales refers to a bench of magistrates or district judge in a magistrate's court or a judge in the Crown Court passing sentence on a person found guilty of a criminal offence. In deciding the sentence, the court will take into account a number of factors: the type of offence and how serious it is, the timing of any ...
In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed.
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.
When the county court system was created as a result of the County Courts Act 1846 (9 & 10 Vict. c. 95), there were 491 county courts in England and Wales. Since the Crime and Courts Act 2013 came into force, there has been one County Court in England and Wales, sitting simultaneously in many different locations.
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 ...
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;
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 ...
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 ...