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Magistrates exercise criminal jurisdiction over a wide range of offences. Although there is a general limit of two years' imprisonment or a fine of HK$100,000, certain statutory provisions give Magistrates the power to sentence up to three years' imprisonment and to impose a fine up to HK$5,000,000.
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 ...
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 ...
Plans to double the length of jail sentences that can be handed out by magistrates are “a knee-jerk reaction” and will worsen the prisons overcrowding crisis, a lawyers’ group has said.
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. [57] 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 ...
The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) is a consolidation Act of the Parliament of the United Kingdom that brings together parts of several other Acts dealing with the sentencing treatment of offenders and defaulters. [1] It was drafted by the Law Commission and the Scottish Law Commission. [2]
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.