Home > The Justice Process > The Judge's Decision and Sentencing

The Judge's Decision and Sentencing

By: Dave Howell - Updated: 5 Feb 2015 | comments*Discuss
 
Jury Court Case Crown Court Young

The vast majority of cases in England and Wales are heard by the magistrates’ court. The judge that sits in these courts can hand down a number of sentences and orders to offenders that are found guilty. These include:

  • Compensation orders to victims of personal injury, or who have suffered some form of loss.
  • Community service may also be imposed.
  • Conditional discharge that states that if the offender offends again they will have their original offence reinstated.
  • Fines of up to £5,000 and/or a maximum prison sentence of 6 months.

Note that a magistrate who is hearing a case can refer the case itself to the Crown Court if they feel that the offender who has been found guilty requires a sentence that they do not have the power to impose. Just because you are appearing at a magistrates’ court doesn’t necessarily mean the sentence you could receive will be limited by the magistrates’ sentencing powers.

Sentences and Young Offenders

If you are under 21 years of age, there are a number of sentences that a judge can impose on you if found guilty of a crime. These include secure children’s homes for those aged 12-16. Secure training centres for offenders up to 17 years old, and youth offender institutions for offenders between 15 and 21.

Any young offender that pleads guilty or is found guilty by the court could be given a Detention and Training Order (DTO) by the judge. These can be given to anyone aged between 12 and 17. The sentence can range from 4 months to 2 years. The sentence is divided into a period in custody and a period in the community under the supervision of the youth offending team.

If the offence that the young person has committed means it will be heard at the Crown Court and the offence if committed by an adult could receive a sentence of 14 years or more, the young person could be sentenced under Section 90/91. Section 90 is for murder, with section 91 available if the court wants to impose a longer sentence.

Sentencing in Scotland

If the offender in court is below 21 years of age the judge can’t immediately hand down a custodial sentence. Before this can happen the court requests a social enquiry report. This report is also required before any community sentence is also passed.

In Scotland the sheriff’s court has limited powers of sentencing that include:Up to 3 months in prison.

  • A fine of up to £5,000. However, under the solemn procedure the judge can hand down a sentence of up to 5 years and an unlimited fine.
  • In the District court the judge can only hand down a fine to the maximum of £2,500 and a prison sentence of 60 days.

Sentencing in Northern Ireland

The court system in Northern Ireland is broadly similar to that in England and Wales. The judge will sit in a Crown Court and decide the sentence of the offender once they are convicted. The type of court will be determined by the seriousness of the crime that is alleged to have been committed. As in England and Wales magistrates’ court deal with minor criminal offences. The Superior Court hears cases of serious crimes and includes the Crown Court and the Court of Appeal. The sentences that these courts hand down are in line with the similar courts in England and Wales.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
Just been put on tag by magistates court which was more like a kangaroo court as i wasnt allowed to explain my side of story. My solicitor made a complete hash of it and even when i tried to give him information he declined it. I appealed the award 5 minutes after leaving the courtroom and i am in the process of writing to the ombudsman about my experience having informed the firm of solicitors about my feelings. Question is will the tag still be applied even though i have appealed ?
biglad - 5-Feb-15 @ 11:18 AM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Latest Comments
  • Charlie
    Re: Information about the Crown Court
    I’m working on a TV show at the minute and wondered if the judge and barristers would have laptops or just paperwork?
    22 September 2020
  • lizzy
    Re: Release on Home Detention Curfew
    my boyfriend is due out on tag on 25 November this year but if we're on lockdown will he still be elligible
    20 September 2020
  • Newdawn
    Re: Pleading Guilty and the Courts
    Hi my brother is on remand as he pleaded not guilty to two counts of assault by beating and criminal damage and aggravating…
    20 September 2020
  • Trouble
    Re: Release on Home Detention Curfew
    Good evening my son is coming to the end of his sentence he as applied for tag the prison service have given him a date 10…
    19 September 2020
  • None
    Re: About the Divorce Court
    am in Divorce proceedings. My wife applied for a Non Molestation Ouster injunction. Her submission did not contain any supporting…
    19 September 2020
  • None
    Re: About the Divorce Court
    am in Divorce proceedings. My wife applied for a Non Molestation Ouster injunction. Her submission did not contain any supporting…
    19 September 2020
  • ANG
    Re: A Guide to Court Orders
    2017 I KICKED MY EX HUSBAND OUT HE HAD BEEN CHEATING WE HAD A JOINT BOND WHICH WAS FOR £40000 BUT HE HAD ALREADY GOT £38000 PUT AWAY WHEN…
    18 September 2020
  • Social Issues
    Re: Pre-Sentence Reports
    Hello again, Lee. I should have added that the whole point of speaking to a probation officer is to assess the degree of risk that an…
    18 September 2020
  • Social Issues
    Re: Pre-Sentence Reports
    Hello, Lee. When you speak to a probation officer you are not under oath or under caution. One is to signify that you won't lie to the court…
    18 September 2020
  • Lee
    Re: Pre-Sentence Reports
    Hi I have recently pleaded guilty in magistrates court (as advised by the judge himself) and was hoping to receive just a fine. However the…
    17 September 2020