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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.
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 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 ...
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Also some civil matters may be dealt with here, such as family proceedings.
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 Olympic gold medalist is demanding the maximum sentence for former USA Gymnastics Dr. Larry Nassar, who Maroney says sexually abused her for years. McKayla Maroney, mother request maximum ...
A defendant is thus unable to plead guilty in exchange for having a case dealt with in magistrates' court (which has lesser sentencing powers). Where the defendant pleads guilty or indicates an intention to do so, the guidelines set by the Sentencing Council typically require that they receive a discount on the sentence, with the amount of ...