Judges and magistrates and the scope of their sentencing powers.
For this reason it is very important that the basis of plea provides a clear articulation of the facts on which the sentence has been passed. If they feel that a larger sentence is required, they can send the defendant to Crown Court for sentencing Crown Court sentencing Can impose sentences for more serious offences. Since the rationale for the reduction in sentence for plea is the public benefit that follows, the Court of Appeal left open the possibility that in some such cases, unusually, some considerable benefits may well ensue from a plea of guilty even at a late stage. In such cases, the Crown should not agree the defendant's account unless supported by other material, and if the proffered basis cannot be agreed, the prosecution advocate should make it clear to the court that this is the case. Many issues raised by the defence are outside the knowledge of the prosecution, therefore the Crown lacks the evidence positively to dispute such assertions.
Victims Surcharge Section 161A 1 of the Criminal Justice Act 2003 requires a court, when dealing with a person for one or more offences, to order the person to pay a surcharge. There are a number of reasons for the removal of the cap, firstly, it is perceived that fines act as a greater deterrent to offenders, and until now, magistrates have been curtailed when it came to sentencing. In , magistrates are subordinate to the judge or judges who appoint them, and all of their decisions are subject to the review, amendment, approval, or reversal by a judge. Without a specific order, no deduction can be made. We need to see the models of what might happen to the prison population with this change. The court is required positively to order that the days during which the offender is remanded in custody in connection with the offence or a related offence shall count as part of the sentence.
Magistrates' courts' new powers to issue unlimited fines for health and safety offences
An order should be made where the defendant has the means to pay. It is no longer just limited to fines. Even when the case is very strong indeed, some defendants will elect to force the issue to trial, which is their right. They will normally sit as a panel of three with two as a minimum. This can be done by the production of a certificate or document under sections 73 and 82 Police and Criminal Evidence Act 1984, or fingerprints under section 39 Criminal Justice Act 1948. For offenders under 18, the surcharge will range from £10 to £20 and for Companies, it will range from £15 to £120.
Parliament and the law The definition of offences and the maximum sentences for them are set by Parliament. If the likely sentence on conviction would be more than 6 months' imprisonment then jurisdiction would ordinarily be declined because that is the maximum prison sentence magistrates can impose. Do we actually need a new power, or this extension of existing powers? Where a court imposes a fine in respect of one or more offences, it must also order the convicted defendant to pay a surcharge , the proceeds of which will be spent on services for victims and witnesses. If they could get longer sentences, it would be essential to make appealing easier. This time limit cannot be extended. The findings of the are a public record and available on their website. The Lord Chief Justice, Lord Judge, made very clear the limited use to which a draft guideline might be put.
Should Magistrates be Offered Far Harsher Sentencing Powers?
The Basis of Plea The requires that when the defendant indicates an acceptable plea, the defence advocate should reduce the basis of the plea to writing. In the late 1990s, a position of community magistrate was created for district courts on a trial basis. Having more sentencing powers will mean having to pass on less cases to higher courts, which will reduce the time taken to deal with certain cases. These new provisions may therefore provide some clarity. For offences committed on and after the 12th March 2015 the maximum penalty for pretending to be an inspector is an unlimited fine , for an offence of obstructing an inspector the maximum penalty is an unlimited fine or six months imprisonment or both. Minimum sentences for some offences are also set by Parliament, which must also be followed by the sentencer. Loss, damage or injury has to result from the offence s charged, for a compensation order to be made.
Defendants may be released on bail, which is an order of the court compelling a defendant's future attendance, which may have conditions attached to it where such conditions are considered necessary either to ensure the defendant's future attendance, prevent the commission of further offences, or prevent the obstruction of justice. Often the full background of the defendant will only come to light during mitigation and then the Court can make its decision. The prosecutor is under no obligation to accept a basis of plea offered by the defence, and the prosecution should not lend itself to any agreement whereby a case is presented to the sentencing judge on a misleading or untrue set of facts, or on a basis that is detrimental to the victim's interests. It is anticipated that the guidelines will encourage magistrates to make use of the higher level of fines available to them as demonstrated in the Environmental Sentencing Guidelines which came into effect July 2014 , whereby magistrates are required to focus on annual turnover of an organisation in order to reach a starting point for the fine amount. R S 10 the Court of Appeal indicated that as long as the sentencing regime or maximum sentence had not changed, a judge would be obliged to follow the most recent guidelines if promulgated before sentencing. Such discussions should not take place save in truly exceptional cases where some particular sensitivity requires it. Held: Had the application been brought within the time limit then a variation to impose an immediate custodial sentence would have been very proper.
Changes that have been made appear in the content and are referenced with annotations. Magistrates are also responsible for granting search warrants to the police and other authorities; therefore, it used to be a requirement that they live within a 15-mile 24 km radius of the area they preside over the commission area in case they are needed to sign a warrant after hours. The increase will only apply a in respect of offences committed after 12 March 2015; and b to England and Wales but not to Northern Ireland or Scotland. In all cases, it is the prosecution advocate's duty to apply for appropriate ancillary orders, such as criminal behaviour orders and confiscation orders. When dealing with two or more separate either-way offences, the maximum total custodial sentence is 12 months.
If so, the case will be accepted, and a date will be held for a subsequent hearing in a magistrates' court — otherwise the case will be sent to the Crown Court, as with Indictable offences below. Prosecutors should seek the co-operation of the court to ensure that any discussions of the acceptability of pleas should take place in open court. Both the magistrates and the Crown Court have a discretionary power to make an order requiring a convicted defendant to pay compensation for any personal injury, loss or damage resulting from the offence. A Chief Magistrate has jurisdiction in a dispute that does not exceed seven million Kenya shillings. In many cases magistrates preside over primary courts can be appointed from among the senior lawyers of the local bar.
