Increased Sentencing Powers in the Magistrates Court
Rhys Rosser • October 23, 2024
It was recently announced that the maximum sentence, for a single either way offence, would be increased to 12 months in the Magistrates Court
There are three different types of offence:
- Summary Only - this can only be dealt with by the Magistrates Court save in particular circumstances. The maximum sentence is always 6 months (and the Magistrates Court cannot run summary only sentences consecutively to one another);
- Either Way - these offences can be dealt with either in the Magistrates Court or the Crown Court. The Magistrates Court will make a determination as to whether their sentencing powers are sufficient (allocation) and the Defendant will be asked if they consent to summary trial (trial in the Magistrates Court) or wish to elect a Crown Court trial;
- Indictable Only - these offences can only be tried in the Crown Court, a Defendant will still attend the Magistrates Court for a first appearance and to be sent to the Crown Court for a Plea and Trial Preparation Hearing ("PTPH").
It has been confirmed that the Magistrates Court will now be able to pass a sentence of 12 months imprisonment for a single either way offence. Prior to this, the maximum sentence was 6 months although the Magistrates Court was able to impose two sentences of a maximum of six months to run consecutively where both offences are either way. This will remain the maximum period for two offences, it simply means that the maximum sentence for a single offence has been increased.
This will have two practical effects:
- The maximum sentence is increased, as such there is an increased sentencing range for a single either way offence in the Magistrates Court;
- Fewer offences will be "sent" by the Magistrates Court - as their sentencing powers have been increased there is a higher bar for allocation to result in a case being sent to the Crown Court.
There are a number of things that will not change:
- The maximum sentence for one or more summary offence is 6 months, these cannot be run consecutively to one another;
- The maximum total sentence (regardless of the number of offences) remains 12 months in the Magistrates Court, this is unchanged;
- The Magistrates Court are still not permitted to deal with indictable only offences.
This is not the first time the sentencing powers of the Magistrates Court has been increased. The powers were previously increased between 2nd May 2022 and 30th March 2023.
The increased sentencing powers will take effect from 18th November 2024. The relevant date is the date of the offence, rather than the date of conviction.
The relevant custodial sentencing powers for a single either-way offence are as follows for either way offences:
- Where the offence was committed prior to 2 May 2022 – the maximum sentence is six months
- Where the offence was committed on or after 2 May 2022 and the conviction was before 30 March 2023 (the initial implementation period) – the maximum sentence is 12 months.
- Where the conviction was on or after 30 March 2023 and before 18 November 2024 (powers turned off) – the maximum sentence is six months
- Where the conviction is on or after 18 November 2024 (powers turned on) – the maximum sentence will be 12 months’ imprisonment.
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