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Magistrates' powers are restricted to a maximum custodial sentence of six months for one offence or 12 months for two triable either-way offences (i.e. those offences that can be heard at either the magistrates' court or the Crown Court). The maximum fine the magistrates' court can impose is £5,000.
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 amount to be paid is specified by law, and courts have limited discretion to reduce the amount, or even to waive the surcharge, for defendants of limited means. [3] The law journalist Joshua Rozenberg has reported cases where a surcharge levied against a young person became the responsibility of their parents, even when a parent was the ...
A custodial sentence is a judicial sentence, imposing a punishment consisting of mandatory custody of the convict, either in prison or in some other closed therapeutic or educational institution, such as a reformatory, (maximum security) psychiatry or drug detoxification (especially cold turkey). As 'custodial' suggests, the sentence requires ...
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 ...
In the Crown Court sentences of between 14 days and 12 months in the Magistrates' Court sentences of between 14 days and 6 months may be suspended. [49] Custody for life. Exceptionally, a person aged 18–21 may be sentenced by the Crown Court to custody for life where a person aged 21 or over would be liable to imprisonment for life. [50]
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.
All magistrates' courts are controlled by the CJM. who looks over the work of judicial magistrates, but cannot take any action against them. The CJM can only report the misbehavior of judicial magistrates to the High Court. A court of chief judicial magistrates can sentence a person to jail for up to seven years and impose fines up to any amount.