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Magistrates have a maximum sentencing power of up to 12 months' imprisonment, and/or an unlimited fine. [5] In practice, magistrates have a wide range of sentencing options, which include issuing fines, imposing community orders, or dealing with offences by means of a discharge.
Magistrates form the view that a person ("the principal"), who might be a person of previously unblemished reputation, is likely to breach the peace or commit criminal offences. They require him to enter into a recognisance, in form of a voluntary covenant or agreement, to keep the peace , or to be of good behaviour, sometimes in a set sum (say ...
The examination phase has been described as "the most controversial aspect of criminal procedure" in civil-law jurisdictions because of "[t]he secrecy and length of the proceedings, the large powers enjoyed by examining magistrates" and "the possibility for abuse inherent in the power of the individual magistrate to work in secret and to keep ...
In the letter of instruction, the prosecutor must also provide information about which court will be handling the case, and the deadline for requesting a trial. Provided in Section 7D(2) of the Magistrates Ordinance, the deadline for requesting a public trial must not be fewer than 35 days from the day which the prosecutor files the notice.
The stipendiary magistrates' court had the same sentencing power as the summary sheriff court in summary proceedings, which was the ability to sentence an offender to up to one year in prison or fine them up to £10,000. Stipendiary magistrates were replaced by summary sheriffs. [77] [78]
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 ...
Letters that were submitted ahead of Mapes’ sentencing last year were initially filed under seal, but were later made public in redacted form by order of U.S. District Judge John Kness.
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.