Introduction
On 18 November 2024, new legislation came into force increasing the sentencing powers of the magistrates’ courts; this followed a statement by the Lord Chancellor published on 17 October 2024 announcing the planned change in powers.
Prior to these changes, the maximum sentence that a defendant could receive in the magistrates’ court was six months’ imprisonment; from 18 November 2024, the maximum will be 12 months’ imprisonment.
Below is a brief summary of sentencing in the magistrates’ courts.
Where: Crown Court or Magistrates' Court
Summary Only Offences
If a defendant is found guilty of a summary only offence (whether initially tried in the magistrates’ court or the Crown Court), that person must be sentenced for the offence in the magistrates’ court. The majority of summary only offences (save for a few exceptions) will have a maximum term of imprisonment of six months.
Either Way Offences
Where a person has been convicted of an “either-way” offence, sentence can be passed in either the magistrates’ court or the Crown Court. The decision as to where will depend on the severity of the sentence that is likely to be given.
If a defendant’s trial was heard in the magistrates’ court, and the court is of the opinion that they do not have sufficient sentencing powers (i.e. now 12 months’ imprisonment) to deal with the offence, they will send the case up to the Crown Court to be dealt with there (known as a committal for sentence). Otherwise, the case will remain in the magistrates’ court for sentence.
Where a defendant’s trial on an either-way offence was heard in the Crown Court, the matter will almost always remain in the Crown Court for sentence.
The Law
The magistrates’ courts sentencing powers are currently governed by section 224 of the Sentencing Act 2020.
Previously
When the Act was first passed in 2020, s. 224 provided that the maximum sentence that could be passed in the magistrates’ court was six months’ imprisonment for any one offence; this was in line with previous legislation up to that date.
In May 2022, after the Courts re-opened following the Covid-19 pandemic, the then Government passed temporary legislation to increase the sentencing powers of the magistrates’ court to 12 months. The rationale behind this was that cases can be pushed through the magistrates’ court more quickly than in the Crown Court; therefore, as there was a severe backlog of cases in the justice system awaiting trial and sentence, this would allow cases to be dealt with more speedily as they would remain wholly in the magistrates’ courts, easing the burden on the Crown Court and the justice system in general.
In March 2023, the Government reversed this legislation, and the magistrates’ courts’ powers were once again limited to six months as previously.
The Present
In October 2024, the Government announced its intention to once again increase the sentencing powers of the magistrates’ courts. As previously, one of the reasons given for this measure by the Lord Chancellor was that it will address the backlog of cases in the justice system. Additionally, the Government hopes that it will reduce the number of people currently on remand in prison awaiting trial or sentence.
The increase in sentencing powers came into force on 18 November 2024 following the coming into force of the Sentencing Act 2020 (Magistrates’ Court Sentencing Powers) (Amendment) Regulations 2024 which was laid before Parliament on 28 October 2024.
Things to Bear in Mind
As these measures take effect, it is worth considering how the new sentencing powers may affect a defendant now facing criminal proceedings. Although expert legal advice should always be sought when considering how to pursue a case, factors that may be of relevance include the following:
Generally, less time is allocated per case in the magistrates’ court than in the Crown Court, and so the sentencing process in the magistrates’ court may be more hurried and less formal than in the Crown Court;
Defendants have an automatic right of appeal to the Crown Court against any sentence passed in the magistrates’ court (however, further costs may then apply) – such an appeal is by way of a “re-hearing”, where the Court will consider what sentence to pass from afresh;
In the Crown Court, defendants must apply for permission to appeal against sentence to the Court of Appeal, which will only be granted, and will only be successful, if the Court of Appeal is satisfied that the Crown Court judge made an error when passing sentence in the first instance;
Costs in the magistrates’ court are generally lower than in the Crown Court; and
If it is confirmed that a defendant is to be sentenced in the magistrates’ court, there is then greater (but not absolute) certainty that the sentence will not be more than 12 months’ imprisonment.
Legal disclaimer: Articles are intended as an introduction to the topic and do not constitute legal advice. The information contained herein is accurate at the date of publication but please note that the law is ever changing and evolving. If you require advice in relation to any matter raised in this article please contact a member of the team.