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What Sentences Can Magistrates Give?

What Sentences Can Magistrates Give?

Magistrates in a magistrates’ court have the authority to impose various sentences, though their powers are generally more limited compared to those of higher courts.

The sentences magistrates can impose include…

  • Custodial Sentences –
    • Up to 6 months imprisonment for a single offense.
    • Up to 12 months imprisonment for multiple offenses.
  • Suspended Sentences – Magistrates can impose a custodial sentence and suspend it for up to 2 years. The offender does not go to prison unless they commit another offense during the suspension period.
  • Community Orders – These can include a range of requirements such as unpaid work, curfews, supervision, drug or alcohol treatment programs, and more.
  • Fines – For certain offenses, fines can be unlimited, particularly for more serious offenses like environmental breaches or health and safety violations. Most fines are subject to statutory maximums.
  • Discharges –
    • Absolute Discharge – The offender is found guilty but is not punished further.
    • Conditional Discharge – The offender is not punished unless they commit another offense within a specified period.
  • Driving Penalties – Magistrates can impose driving bans, endorsements (penalty points), and fines related to motoring offenses.
  • Compensation Orders – Offenders can be ordered to pay compensation to victims for any personal injury, loss, or damage resulting from the offense.
  • Binding Over Orders – Individuals can be bound over to keep the peace or be of good behavior for a specified period.
  • Other Orders –  This can include restraining orders, confiscation orders under the Proceeds of Crime Act, and more.

The magistrates’ powers and the specific sentences they can impose can vary based on jurisdiction and specific legislation.