Sentencing procedure in the magistrates’ and Crown Courts
Produced in partnership with Angharad Hughes of Howard Kennedy LLP and Will Glover of Fieldfisher
Practice notesSentencing procedure in the magistrates’ and Crown Courts
Produced in partnership with Angharad Hughes of Howard Kennedy LLP and Will Glover of Fieldfisher
Practice notesThis PrACTice Note explains sentencing procedure in the magistrates’ court and Crown Court in accordance with the Sentencing Act 2020 (SA 2020) (Sentencing Code).
Will I be sentenced in the magistrates’ or Crown Court?
All criminal cases start in a magistrates’ court, however, only summary-only or either-way offences can be sentenced there. For more information on Allocation and sending, see Practice Notes:
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Allocation and sending for trial—sending of cases forthwith to the Crown Court for trial, and
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Allocation and sending—either-way offences not sent forthwith to the Crown Court for trial
If a conviction takes place in the magistrates’ court, the magistrates or district judge will impose a sentence which is within the general limit available in a magistrates’ court. See Practice Note: Sentences imposed following conviction—General limits on magistrates’ courts powers to impose custodial sentences following conviction.
Where the sentence to be imposed is in excess of the magistrates’ courts powers, the matter will be committed to the Crown Court for sentence. For detailed
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