Virtually all criminal court cases start in a magistrates’ court, and around 95% will be completed there. These are less serious cases, such as motoring offences and minor assaults, where the defendant is not usually entitled to trial by jury. … They are generally disposed of in magistrates’ courts.
At the Magistrates’ Court, your trial will be heard either by a District Judge or by a bench of lay Magistrates. … The Magistrates or the District Judge decides on matters of law (for example whether evidence is admissible) and fact (for example have you done what the prosecution say you have done?).
The prosecutor will say why you have been charged with the offence. Witnesses might be asked questions about what happened. You will also have a chance to give evidence and to have your say about what happened. The magistrates or District Judge will listen to both sides.
Sentencing in magistrates’ courts
Magistrates have sentencing powers that allow them to impose a range of sentences, including unlimited fines, bans, community orders and up to six months’ custody for a single offence and 12 months in total.
If you plead guilty at the outset your case will not go to trial and you could be sentenced immediately in the magistrates’ court. For more serious offences you will have to go to the Crown Court to be sentenced. Find out more about sentencing hearings. If you plead guilty you will get a reduction in your sentence.
The first hearing will decide whether the severity of the offence(s) requires your case to be redirected to the Crown Court. … Such offences are called ‘indictable only’ (such as murder and manslaughter) and can only be heard at the Crown Court.
At the first hearing you will be expected to give an indication of your plea, where possible. We will take you through the evidence and advise you on the strengths and weaknesses of the prosecution case. We will obtain your full instructions and give you advice about whether may wish to plead guilty or not guilty.
What do magistrates do? Magistrates listen carefully to all evidence given in court and follow structured decision-making processes (such as sentencing guidelines in criminal cases) and case law to reach fair decisions. They are advised on points of law by a legal adviser who sits in court with them.
If you are a victim or witness in the case and have left the court before the trial has ended and would like to know the outcome of the case, you can contact the person who asked you to come to court. They will be able to give you the information on the sentence.
In the Magistrates’ Court, the maximum sentence that can be imposed on an adult defendant for a single either-way offence is 6 months’ imprisonment and/or a fine. A defendant facing 2 or more either-way offences can be sentenced to a maximum of 12 months’ imprisonment and/or a fine.
Absent From Court? Failed To Turn Up? If you fail to turn up at Court without reasonable excuse, the Criminal Prosecution Service will apply for a warrant for your arrest which means the Police will come looking for you, arrest you and hold you in the cells until the Magistrates are able to deal with your case.
It is especially rare for the Magistrates’ Courts to impose a custodial sentence on first-time offenders. Of the 249,000 individuals convicted or cautioned for a summary offence, only 521 (0.2%) were first-time offenders who received a custodial sentence.
At trial in the magistrates’ court the verdict of ‘guilty’ or ‘not guilty’ is decided by the magistrates or District Judge. Where the trial is heard by magistrates, there must be at least two magistrates hearing the trial and each has an equal vote. There are no juries in the magistrates’ court.
Magistrate Courts let you sue for money claims under $15,000 (fifteen thousand dollars). A Magistrate Judge decides your case after a trial. There is no jury. You do not need a lawyer.
If a defendant is found not guilty, by the magistrate, jury or judge, they will be ‘acquitted’ and free to go. If the defendant pleads guilty or is found guilty by the judge or jury, they are convicted and the judge will pass sentence.
A defendant who has been given a sentence of jail time often wonders whether or not they will be taken to jail immediately. … So, in short: yes, someone may go to jail immediately after sentencing, possibly until their trial.
California law does not allow you to withdraw your plea simply because you regret your decision to plead guilty… that is, unless your California criminal defense attorney can demonstrate good cause for doing so.
In any event, there are mechanisms through which a defendant who has entered a plea (or pleas) of guilty may be able to change their plea (of pleas) to not guilty. This is known by lawyers as a ‘plea traversal’.
R. The letter R commonly represents Regina, the latin term for the Queen. In criminal proceedings, “R” refers to the Crown or the Commonwealth.
Public records of births, deaths, marriages and civil and criminal court cases are easily available in the UK. Public records can be obtained from a variety of sources.
You can go into the public gallery (as long as you are 14 or over) at a Crown Court or Magistrates’ Court and watch a criminal trial or a sentencing hearing.
Depending on the offence, the judge or magistrate will have a range of sentence types they can give an offender according to the seriousness of the offence and other factors such as the offender’s previous criminal record. … Sentence types include prison, community sentences, fines and discharges.
When deciding on a sentence, the judge or magistrate will consider things like: your age. the seriousness of the crime. if you have a criminal record.
A judge must impose a sentence that is sufficient, but not greater than necessary, to: reflect the seriousness of the offense; promote respect for the law; provide just punishment for the offense; adequately deter criminal conduct; protect the public from further crimes by the defendant; and provide the defendant with …
Failing to attend court is a separate offence for which you could receive a fine, be sent to prison, or both. If you do not attend your court hearing, when a new bail decision is to be made, the Court may be less likely to grant you bail and you would then have to wait in prison until the conclusion of your case.
If you get a court summons for not paying your court fine, you must go to the hearing – unless you’ve paid the fine in full before you’re due in court. You could be arrested and put in prison if you don’t.
After people are sentenced, they are taken from court and initially transported to the nearest reception prison for the first few nights. They may be relocated to another prison depending on the security category, nature of the crime, length of sentence, and other factors that may need to be taken into consideration.
For instance, judges may typically consider factors that include the following: the defendant’s past criminal record, age, and sophistication. the circumstances under which the crime was committed, and. whether the defendant genuinely feels remorse.
It is intended to allow some rehabilitation in the community, while keeping release dates consistent and prison numbers down. Those guilty of more serious crimes – such as serious sexual assaults or grievous bodily harm – will spend a greater part of their sentence in jail.
In person: In an interview, social event, or in court, address a judge as “Your Honor” or “Judge [last name].” If you are more familiar with the judge, you may call her just “Judge.” In any context, avoid “Sir” or “Ma’am.”
Call the Magistrate ‘Your Honour’, ‘Sir’ or ‘Madam’. Call others in the courtroom (such as lawyers and witnesses) by their title and surname; for example, Mrs Citizen. Be polite. Do not be critical or offensive to people in court.
At a sentencing hearing, the judge will review the presentence report and hear arguments from both the prosecutor and the defense attorney—and sometimes, the victim. … In misdemeanor cases, judges frequently hand down sentences immediately after the defendant pleads guilty or no contest or is found guilty after trial.