What is the Maximum Sentence in the Magistrates’ Court?

What is the Maximum Sentence in the Magistrates’ Court?

Irrespective of the offence, your likely plea, or your jurisdiction preference, all criminal court proceedings will begin in the Magistrates’ Court. However, not all cases will stay there. Whether or not a case remains in the Magistrates’ Court will depend on the nature of the offence alleged, the seriousness of the specific offence circumstances and, in some instances, the choice of the defendant.  An individual charged with an ‘either-way offence’ may elect to be tried in Crown Court as opposed to at the Magistrates’ Court. This is generally because a trial in the Crown Court will involve a Jury and better procedural safeguards.  On the flip side, if convicted, the Crown Court will have greater sentencing powers.

The Different Offence Types and Allocation

The three offence ‘types’ are summary-only, either-way and indictable only.  Summary-only offences refer to offences that can only be tried in the Magistrates’ Court. Indictable-Only offences are offences which can only be tried in the Crown Court and, as the phrase suggests, Either-Way offences can be tried in either venue, dependent on the seriousness of the allegation and (in some cases) the decision of the defendant.

There are a number of differences between the two court jurisdictions. For instance, a trial in the Magistrates’ Court will either take place in front of a bench of lay magistrates or “Justices of the Peace” (usually three) or a District Judge (who sits alone). Meanwhile, Crown Court trials will take place in front of a jury of 12 members of the public and a Crown Court judge. The courts have different sentencing powers.

Sentencing in the Magistrates Court

In the Magistrates Court, the district judge or lay magistrates can impose a number of different sentences, such as fines, Community Orders and Suspended Sentences. Whilst less common than in the Crown Court, the Magistrates’ Court can also impose custodial sentences.

Maximum Sentence in the Magistrates’ Court

The maximum sentence in the Magistrates’ Court is up to six months’ imprisonment for a single offence or up to 12 months’ in total for two or more either-way offences. If the Court decides that a case requires a sentence beyond their powers, they will decline jurisdiction and send the matter to the Crown Court. OR, in some instances, the Magistrates might decide to retain jurisdiction of the trial but will then send the case to the crown court for sentence in the event of a conviction.  Sending the case to the Crown Court for sentence is referred to as a Committal for Sentence.

Changes in the Law

During the pandemic, as a result of the backlogs impacting the Crown Court, there was a brief change to the law which allowed the Magistrates to sentence a defendant for up to 12 months’ in prison. This came into force on 2^nd May 2022, however, this was reversed on the 30^th March 2023 and so Magistrates’ sentencing powers remain as they were before.

More Than One Offence

Whilst the general maximum sentence that the Magistrates Court can impose is 6 months’, this is increased to 12 months’ and/or an unlimited fine when dealing with the sentencing of two or more either-way offences. However, in these circumstances, the Court will have to take into consideration the principle of totality, as this would mean that they would be imposing a consecutive sentence.

Factors that the Magistrates Must Consider When Imposing a Custodial Sentence

Has the Custody Threshold been Passed?

The first factor that the Court will need to take into consideration is whether or not the “custody threshold” has been passed. To do this, the court must consider the offence, the specific sentencing guidelines for the offence and the seriousness of it. While there is no clear threshold set out, the obvious intention of the threshold test is to reserve prison as a punishment for the most serious offences.

Furthermore, even when the custodial threshold has been passed, this does not mean that custody is inevitable.  In such circumstances, a suspended sentence or community order should be considered as an alternative.

Specific factors that the court will consider when deciding whether an immediate custodial sentence should be imposed include:

• Whether or not the offender presents a risk/danger to the public
• Whether the appropriate punishment can only be achieved by immediate custody
• Whether or not the offender has a history of non-compliance with court orders

General Factors Impacting Sentence in the Magistrates Court

Early Guilty Plea

The Magistrates’ Court provides individuals with their first opportunity to enter a guilty plea if appropriate. When an early guilty plea is entered at the Magistrates’ Court, this entitles individuals to a third off any sentence they may receive. However, we would never advise anyone to plead guilty simply to take advantage of such a discount, if they are not in fact guilty.

Pre-Sentence Report (PSR)

A pre-sentence report, completed by a Probation Officer, is often ordered by courts. PSR’s will assess the risk posed by the defendant and the sentences that are likely to be appropriate for the individual, considering factors such as whether or not they are fit for unpaid work, whether they are safe to be in the community and whether they could benefit from rehabilitative requirements. In many cases, a pre-sentence report can be helpful for a defendant as it gives the Judge or Magistrates more information about the individual’s circumstances and their ability to serve a sentence within the community as opposed to custody.

Other Mitigation/Personal Mitigation

Other factors which may impact the type or length of sentence you may receive in the Magistrates’ Court relates to personal mitigation. For instance, this may include attempts to rectify problems that caused the offending behaviour, having a limited criminal history or certain personal circumstances (e.g. caring responsibilities), which may result in a custodial sentence having a disproportionate impact on an individual.

How can Old Bailey Solicitors help?

Whether it is your first appearance in court or you are due to appear for sentencing, Old Bailey Solicitors can help you at your pending court hearing. Although the maximum sentence that can be imposed by the Magistrates is comparatively low in relation to the Crown Court and may only be imposed in exceptional circumstances, it is important to have the correct legal representation to ensure you receive the correct sentence. If you have an upcoming court hearing, contact Old Bailey Solicitors on 0207 8464 999 or at [email protected] to ensure you get the best representation for your case.