Sentencing Powers of Magistrates: What Are They?

Summary

You may have heard of magistrates in relation to the Magistrates’ Court when reading or watching the news. But, you might not know what a magistrate is or the legal powers they have when sentencing someone in court. If you’ve recently read a headline about new sentencing powers for magistrates, read on, as we’ll reveal how these work in detail. In this guide, we’ll help you understand the sentencing power of the Magistrates’ Court. * Who presides over the Magistrates’ Court * What sentencing powers exist in the court * What the new changes are to magistrates’ sentencing power The Magistrates’ Court deals with most of the adult criminal cases in England and Wales. There are over 150 across the country, so if you’re being sentenced, there are a number of different courts where your hearing might be held. Magistrates’ courts usually hear less serious cases such as motoring offences, instead referring serious cases like murder to the Crown Court. However, it does hold preliminary hearings for more serious offences. Magistrates’ courts can also keep offenders in custody in between hearings or allow bail to be posted with conditions such as staying away from certain places and people.

Key information

• •Who presides over the Magistrates’ Court
• •What sentencing powers exist in the court
• •What the new changes are to magistrates’ sentencing power
• •Magistrates could issue prison sentences of up to 12 months for only one offence
• •Previously magistrates could only issue 6-month sentences
• •Committals for sentence fell 10% between quarter 1-3 of 2022. Committals for sentencing happen when magistrates have found someone guilty of a crime, but believe their sentencing powers are not enough to hand down an appropriate sentence
• •Appeals to the Crown Court fell 5% during the same time period; moreover the decline was consistent throughout the first three quarters of last year
• •Either way sentences declined ─ cases that can be heard in the Magistrates’ court or the Crown Court. This certainty on where a case can be heard obviously saves time and takes pressure off the Crown Court, exactly what the new powers for magistrates was designed to do
• •Prison numbers rise 4,000 - could this be the key reason the Government reversed the reforms? Was it necessary to take pressure off a chronically struggling prison industry?
• •You may have heard of magistrates in relation to the Magistrates’ Court when reading or watching the news. But, you might not know what a magistrate is or the legal powers they have when sentencing someone in court.
• •If you’ve recently read a headline about new sentencing powers for magistrates, read on, as we’ll reveal how these work in detail.
• •In this guide, we’ll help you understand the sentencing power of the Magistrates’ Court.

Practical guidance

• •Source: [Sentencing Powers of Magistrates: What Are They?](https://lawhive.co.uk/knowledge-hub/litigation/sentencing-powers-of-magistrates-what-are-they)

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