The Judge's Decision and Sentencing

How Sentencing Works in the Magistrates' Court

Most criminal cases in England and Wales are dealt with in the magistrates' court. These courts handle a wide range of offences, from minor driving matters to some types of assault and theft. If you are found guilty, either by pleading guilty or after a trial, the magistrates will decide on an appropriate sentence.

Magistrates have several sentencing options available to them. Sentences vary based on the offence, individual circumstances, and past criminal history.

Sentence Guide

Wondering what sentence to expect? Tell us the offence and circumstances and get a plain English guide to the likely sentencing range and what factors affect it.

Try our Sentence Guide free, here on this site →

Types of Sentences Magistrates Can Give

The sentences available in the magistrates' court include:

• Fines. Since 2015, there is no standard cap on fines for many offences, though some still have specific maximum amounts set by law. The amount will usually reflect both the seriousness of what happened and your ability to pay.
• Community orders. These may require you to carry out unpaid work, attend programmes, or comply with a curfew. The specific requirements are tailored to the offence and the offender.
• Conditional discharge. This means no immediate punishment is given, but if you commit another offence within a set period, you can be sentenced for the original offence as well as the new one.
• Compensation orders. If a victim has suffered injury or loss, the court may order you to pay compensation directly to them.
• Prison sentences. Magistrates can impose custody of up to six months for a single offence, or up to twelve months when sentencing multiple offences together.

Courts also impose a victim surcharge alongside most sentences. This is a separate charge that goes towards supporting victims of crime.

For current sentencing guidelines and maximum penalties, check the official guidance on GOV.UK or the Sentencing Council website.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

When Cases Move to the Crown Court

Magistrates have limits on the sentences they can give. If they hear a case and decide the offence is too serious for their sentencing powers, they can send the case to the Crown Court for sentencing instead.

A lighter sentence is not assured simply because your case starts in the magistrates' court. If the magistrates believe a longer prison term or higher fine is warranted, the Crown Court judge will make the final decision on your sentence. Crown Court judges have much wider powers and can impose significantly longer custodial terms.

Some offences, known as either way offences, can be tried in either court. For these, the magistrates may decide the case is suitable for the Crown Court from the outset. In some situations, you may also have the option to elect a Crown Court trial, though this will depend on the specific circumstances and legal advice.

Sentencing for Young Offenders

If you are under 18, your case will usually be heard in the youth court rather than the adult magistrates' court. The youth court has its own range of sentences designed with younger people in mind.

Detention and training orders are available for those aged 12 to 17. Once someone turns 18, they enter the adult system, though the court will still consider age and maturity when deciding on an appropriate sentence.

Sentences for young people often focus on rehabilitation and preventing further offending. Options may include referral orders, youth rehabilitation orders, or intensive supervision and surveillance.

Parents or guardians are usually required to attend court with anyone under 18. In some cases, they may also be held responsible for paying fines or compensation on behalf of their child.

If you or a young person you know is facing charges, seeking advice early can make a real difference. Conversations with solicitors are confidential, and getting proper legal guidance is a normal and important part of the process. Citizens Advice and local solicitors who offer legal aid can explain what to expect. The Youth Justice Board also provides information for young people and families going through the court process.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Sentence Guide lets you wondering what sentence to expect? Tell us the offence and circumstances and get a plain English guide to the likely sentencing range and what factors affect it. Try it now →