Deliberate Infection of Animals (PDF 79 KB) Failure to Cleanse and Disinfect (PDF 144 KB) Failure to Comply with Restrictions (PDF 145 KB) Failure to Isolate Animal (PDF 143 KB) Failure to Maintain Fences (PDF 142 KB) Sentencing at the Magistrates’ Court. Magistrates’ Court Sentencing Guidelines; Manslaughter; Offenders with mental disorders, developmental disorders or neurological impairments; Public order offences; Robbery; Sexual offences; Terrorism offences; Theft offences; FAQs on sentencing guidelines; How sentencing works. Peterborough Magistrates' Court Admits breach of suspended sentence Jailed for six weeks, suspended for 12 months. Sentencing and penalties If you have been found guilty of, or plead guilty to an offence, a judicial officer will take several considerations into account before deciding on a sentence. Imposition of fines with custodial sentences, 2. The Court should also consider imposing a disqualification. Sentencing Guidelines - Magistrates' Court - Farming Offences. Brexit. Destruction orders and contingent destruction orders for dogs, 9. Imposition of fines with custodial sentences, 2. You can find out which level your offence is by looking in the Sentencing Guidelines (see below). In the magistrates’ court, the magistrates or District Judge hearing the case are both the ‘judges of the facts’ and the ‘judges of the law’. Offences for which penalty notices are available, 5. Prevalence and community impact statements, General guideline: overarching principles, Reduction in sentence for a guilty plea - first hearing on or after 1 June 2017, Sentencing offenders with mental disorders, developmental disorders, or neurological impairments, Assault occasioning actual bodily harm (ABH) / Racially or religiously aggravated ABH, Common Assault / Racially or religiously aggravated Common Assault, Criminal Damage / Racially or religiously aggravated Criminal Damage (value not exceeding £5000), Criminal Damage / Racially or religiously aggravated Criminal Damage (value exceeding £5000). Offence committed for ‘commercial’ purposes, 11. Disqualification from ownership of animals, 11. Approach to the assessment of fines - introduction, 6. Suggested starting points for physical and mental injuries, 1. Forfeiture or suspension of liquor licence, 24. You can access the MCSG app via the Bench Solution iPads or download it to your own iPad free of charge from the App Store. Do not retain this copy. Part 28 Sentencing procedures in special cases (MS Word Document, 150KB) Any penalty that the court can impose on a defendant who pleads guilty or who is convicted is called a ‘sentence’. Find contact details and information on courts and tribunals in England and Wales, and some non-devolved tribunals in Scotland. Damage caused to property other than the vehicle in accident or damage caused to vehicle, Vehicle taking (aggravated). Offence committed for ‘commercial’ purposes, 11. That is a simple consequence of the fact that an appeal from the Magistrates’ Court is to the County Court, and cases from the summary jurisdiction will only come before the Court of Appeal by way of case stated. Penalty notices – fixed penalty notices and penalty notices for disorder, 7. The maximum sentence for a single either-way offence at the Magistrates’ Court is 6 months’ imprisonment and/or a fine (or 12 months and/or a fine for 2 or more either-way offences). Only the online version of a guideline is guaranteed to be up to date. Disqualification of company directors, 16. Criminal justice – where does the Council fit? Level 2 Offence – £500 3. Introduction to out of court disposals, 5. Penalty notices – fixed penalty notices and penalty notices for disorder, 7. Allocation, offences taken into consideration and totality, Fraud, bribery and money laundering offences, General guideline and expanded explanations in sentencing guidelines, Health and safety offences, corporate manslaughter and food safety and hygiene offences, Imposition of community and custodial sentences, Offenders with mental disorders, developmental disorders or neurological impairments, Disposals for offenders with mental disorders, developmental disorders or neurological impairments, Types of sentences for children and young people, Definitive guidelines archive of print editions, 8. Any breach of reporting restrictions is punishable by sanctions up to and including imprisonment. Power of youth court to remit offender who attains age of 18 to magistrates’ court other than youth court for sentence. The Court should also consider imposing a disqualification. The Magistrates Court of Western Australia has multiple registries located around the State to deal with: Criminal - offence-based matters; and Civil - claims for debt or damages and non-offence based matters (eg extraordinary drivers licence applications, dividing fences and restraining orders). If you are about to sentence or have just sentenced an offender for one of the following then please … Search Criminal Crown and Magistrates Court Sentences - Court Case database - Search by Criminal Offence, Court, Judge, Solicitor, Barrister Unique criminal court sentencing records database (updated daily) search for:- Crime Cases UK, Recent Cases, Crime Archives, Sentencing Results, Jail / Imprisonment Terms Do not retain this copy. Please check with the court. The starting point is that either-way offences should be tried and sentenced in the Magistrates’ Court. red traffic light, stop sign, double white lines, no entry sign), Fail to give information of driver’s identity as required, Fail to keep/ return written record sheets, Fail to notify change of ownership to DVLA, Fail to provide specimen for analysis (drive/attempt to drive) (Revised 2017), Fail to provide specimen for analysis (in charge) (Revised 2017), Fail to stop when required by police constable, Fail to stop/report road accident (Revised 2017), Failure to disclose information about acts of terrorism, Falsify or alter records with intent to deceive, Firearms – Possession by person prohibited, Firearms – Possession of prohibited weapon, Firearms – Possession without certificate, Fraudulent evasion of a prohibition by bringing into or taking out of the UK a controlled drug, Harassment (fear of violence)/ Stalking (fear of violence)/ Racially or religiously aggravated harassment (fear of violence)/stalking (fear of violence), Harassment/ Stalking/ Racially or religiously aggravated harassment/stalking, Identity documents – possess false/ another’s/ improperly obtained, Inciting a child family member to engage in sexual activity, Inciting a child family member to engage in sexual activity (offender under 18), Individuals: Breach of an abatement notice, Individuals: Breach of duty of employer towards employees and non-employees/ Breach of duty of self-employed to others/ Breach of duty of employees at work/ Breach of Health and Safety regulations/ Secondary liability, Individuals: Breach of food safety and food hygiene regulations, Individuals: Illegal discharges to air, land and water, Individuals: Restrictions on use of public sewers, Individuals: Transfrontier shipment of waste, Individuals: Transporting controlled waste without registering, Individuals: Unauthorised or harmful deposit, treatment or disposal etc of waste/ Illegal discharges to air, land and water, Inducement, threat or deception to procure sexual activity with a person with a mental disorder/ Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception, Inflicting grievous bodily harm/ Unlawful wounding/ Racially or religiously aggravated GBH/ Unlawful wounding, Making or supplying articles for use in frauds, Meeting a child following sexual grooming, Money laundering: acquisition, use and possession of criminal property, Money laundering: concealing/ disguising/ converting/ transferring/ removing criminal property from England and Wales, Money laundering: entering into arrangements concerning criminal property, Motoring offences appropriate for imposition of fine or discharge, Number of passengers or way carried involving danger of injury, Number of passengers or way carried involving danger of injury (over 3.5 tonnes), Obstruct/ resist a police constable in execution of duty (Revised 2017), Organisations: Breach of an abatement notice, Organisations: Breach of duty of employer towards employees and non-employees/ Breach of duty of self-employed to others/ Breach of Health and Safety regulations, Organisations: Breach of food safety and food hygiene regulations, Organisations: Illegal discharges to air, land and water, Organisations: Restrictions on use of public sewers, Organisations: Transfrontier shipment of waste, Organisations: Transporting controlled waste without registering, Organisations: Unauthorised or harmful deposit, treatment or disposal etc of waste/ Illegal discharges to air, land and water, Overloading/ exceeding axle weight (over 3.5 tonnes), Owner or person in charge of a dog dangerously out of control in any place in England or Wales (whether or not a public place), Owner or person in charge of a dog dangerously out of control in any place in England or Wales (whether or not a public place) where a person is injured, Owner or person in charge of a dog dangerously out of control in any place in England or Wales (whether or not a public place) where an assistance dog is injured or killed, Owner or person in charge of a dog dangerously out of control in any place in England or Wales (whether or not a public place) where death is caused, Paying for the sexual services of a child, Position or manner in which load secured (not involving danger), Position or manner in which load secured (not involving danger) (over 3.5 tonnes), Possession of a controlled drug with intent to supply it to another, Possession of a prohibited dog/ Breeding, selling, exchanging or advertising a prohibited dog, Possession of an article with blade/point in a public place, Possession of an article with blade/point on school premises, Possession of an offensive weapon in a public place, Possession of an offensive weapon on school premises, Possession of articles for use in frauds/ Making or supplying articles for use in frauds, Possession of indecent photograph of child/ Indecent photographs of children, Production of a controlled drug/ Cultivation of cannabis plant, Racial hatred offences/ Hatred against persons on religious grounds or grounds of sexual orientation, Robbery – Sentencing children and young people, Sex with an adult relative: consenting to penetration, Sex with an adult relative: penetration/ Sex with an adult relative: consenting to penetration, Sexual activity with a child family member (offender under 18), Sexual activity with a child family member/ Inciting a child family member to engage in sexual activity, Sexual activity with a child/ Causing or inciting a child to engage in sexual activity, Sexual activity with a person with a mental disorder impeding choice/ Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity, Sexual offences – Sentencing children and young people, Speed limiter not used or incorrectly calibrated, Stalking (involving fear of violence or serious alarm or distress)/ Racially or religiously aggravated stalking (involving fear of violence or serious alarm or distress), Stalking/ Racially or religiously aggravated stalking, Supplying or offering to supply a controlled drug/ Possession of a controlled drug with intent to supply it to another, Taxi touting/soliciting for hire (Revised 2017), Threatening behaviour – fear or provocation of violence/ Racially or religiously aggravated threatening behaviour – fear or provocation of violence, Threatening with an article with blade/point in a public place, Threatening with an article with blade/point or offensive weapon on school premises, Threatening with an offensive weapon in a public place, Trafficking people for sexual exploitation, Trespass with intent to commit a sexual offence, TV licence payment evasion (Revised 2017), Unauthorised possession in prison of a knife or offensive weapon, Unfit through drink or drugs (drive/ attempt to drive) (Revised 2017), Unfit through drink or drugs (in charge) (Revised 2017), Vehicle taking (aggravated). Power of magistrates’ court to remit case to another magistrates’ court for sentence. 10. Sentencing guidelines. Between 22 January 2020 and 15 April 2020, the Council consulted on revisions to some of the magistrates’ court sentencing guidelines and association explanatory materials. Common law, Fraud Act 2006, s.1, Theft Act 1968, s.17, Misuse of Drugs Act 1971, s.3; Customs and Excise Management Act 1979, s.170(2), Terrorism Act 2000, s.15, Terrorism Act 2000, s.16, Terrorism Act 2000, s.17, Terrorism Act 2000, s.18, Crime and Disorder Act 1998, s.31(1)(b), Protection from Harassment Act 1997, s.4, Protection from Harassment Act 1997, s.4A, Crime and Disorder Act 1998, s.31(1)(a), Protection from Harassment Act 1997, s.2, Protection from Harassment Act 1997, s.2A, Identity Cards Act 2006, s.25(5) (possession of a false identity document (as defined in s.26 - includes a passport)), Protection of Children Act 1978 (section 1), Health and Safety at Work Act 1974 (section 33(1)(a) for breaches of sections 2, 3 and 7, Health and Safety at Work Act 1974 (section 33(1)(c)), Health and Safety at Work Act 1974 (sections 36 and 37(1) for breaches of sections 2 and 3 and section 33(1)(c), Food Hygiene (Wales) Regulations 2006 (regulation 17(1)), Food Safety and Hygiene (England) Regulations 2013 (regulation 19(1)), The General Food Regulations 2004 (regulation 4), Environmental Permitting (England and Wales) Regulations 2010 , regulations 12 and 38(1), (2) and (3), Transfrontier Shipment of Waste Regulations 2007, Control of Pollution (Amendment) Act 1989, s.1, Environmental Protection Act 1990, s.33, Environmental Permitting (England and Wales) Regulations 2010 , regulations 12 and 38(1), (2) and (3), Sexual Offences Act 2003, s.34, Sexual Offences Act 2003, s.35, Offences against the Person Act 1861, s.20, Crime and Disorder Act 1998, s.29, Health and Safety at Work Act 1974 (section 33(1)(a) for breaches of sections 2 and 3), Health and Safety at Work Act 1974 (section 33(1)(c)), Environmental Permitting (England and Wales) Regulations 2010 , regulations 12 and 38(1), (2) and (3), Environmental Protection Act 1990, s.33, Criminal Justice Act 1988, s.160, Protection of Children Act 1978 (section 1), Misuse of Drugs Act 1971, s.4(2)(a) or (b), Misuse of Drugs Act 1971, s.6(2), Public Order Act 1986, ss.18-23, Public Order Act 1986, ss.29B-29G, Regulation of Railways Act 1889, s.5(3) (travelling on railway without paying fare, with intent to avoid payment); s.5(1) (failing to produce ticket), Common law, Customs and Excise Management Act 1979 (sections 50, 170 and 170B), Fraud Act 2006, s.1, Taxes Management Act 1970 (section 106A), Theft Act 1968, s.17, Value Added Tax Act 1994 (section 72), Education Act 1996, s.444(1) (parent fails to secure regular attendance at school of registered pupil); s.444(1A) (Parent knowingly fails to secure regular attendance at school of registered pupil), Sexual Offences Act 2003, s.64, Sexual Offences Act 2003, s.65, Sexual Offences Act 2003, s.25, Sexual Offences Act 2003, s.26, Sexual Offences Act 2003, s.10, Sexual Offences Act 2003, s.9, Sexual Offences Act 2003, s.30, Sexual Offences Act 2003, s.31, Road Traffic Regulation Act 1984, s.89(1), Crime and Disorder Act 1998, s.31(1)(b), Protection from Harassment Act 1997, s.4A, Crime and Disorder Act 1998, s.31(1)(a), Protection from Harassment Act 1997, s.2A, Misuse of Drugs Act 1971 s.4(3), Misuse of Drugs Act 1971, s.5(3), Criminal Justice and Public Order Act 1994, s.167, Crime and Disorder Act 1998, s.31(1)(a), Public Order Act 1986, s.4, Offences against the Person Act 1861, s.16, Vehicle Excise and Registration Act 1994, s.44, Criminal Justice and Public Order Act 1994, s.51. Aggravation related to disability, sexual orientation or transgender identity – statutory provisions, 1. Magistrates' Court Sentencing Guidelines; Magistrates’ Court Sentencing Guidelines. (You can read more about magistrates and District Judges below.) Reduced period of disqualification for completion of rehabilitation course, 7. Sentencing Guidelines - Magistrates' Court - Animal Offences Up Sentencing Guidelines - Magistrates' Court - Breach of Court Order Offences Lord Chief Justice’s Office Royal Courts of Justice This website uses cookies to improve your experience. 11. Prevalence and community impact statements, General guideline: overarching principles, Reduction in sentence for a guilty plea - first hearing on or after 1 June 2017, Sentencing offenders with mental disorders, developmental disorders, or neurological impairments, Abuse of position of trust: causing a child to watch a sexual act, Abuse of position of trust: causing or inciting a child to engage in sexual activity, Abuse of position of trust: sexual activity in the presence of a child/ Abuse of position of trust: causing a child to watch a sexual act, Abuse of position of trust: sexual activity with a child/ Abuse of position of trust: causing or inciting a child to engage in sexual activity, Arranging or facilitating sexual exploitation of a child, Arranging or facilitating the commission of a child sex offence, Assault occasioning actual bodily harm / Racially or religiously aggravated ABH, Assault on a police constable in execution of his duty, Bladed articles and offensive weapons – possession, Bladed articles and offensive weapons – threats, Bladed articles and offensive weapons (possession and threats) – children and young people, Breach of a protective order (restraining and non-molestation orders), Breach of a sexual offences prevention order, Breach of disqualification from acting as a director, Breach of disqualification from keeping an animal, Breeding, selling, exchanging or advertising a prohibited dog, Bribery: Bribery of foreign public officials, Care workers: causing a person with a mental disorder to watch a sexual act, Care workers: causing or inciting sexual activity, Care workers: sexual activity in the presence of a person with a mental disorder/ Care workers: causing a person with a mental disorder to watch a sexual act, Care workers: sexual activity with a person with a mental disorder/ Care workers: causing or inciting sexual activity, Careless Driving (drive without due care and attention) (Revised 2017), Causing a person to engage in sexual activity without consent, Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception, Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception, Causing a person, with mental disorder impeding choice, to watch a sexual act, Causing death by careless or inconsiderate driving, Causing death by driving: unlicensed, disqualified or uninsured drivers, Causing or inciting a child to engage in sexual activity, Causing or inciting a child under 13 to engage in sexual activity, Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity, Causing or inciting prostitution for gain/ Controlling prostitution for gain, Causing or inciting sexual exploitation of a child/ Controlling a child in relation to sexual exploitation/ Arranging or facilitating sexual exploitation of a child, Child sex offences committed by children or young persons (sections 9-12) (offender under 18)/ Sexual activity with a child family member (offender under 18)/ Inciting a child family member to engage in sexual activity (offender under 18), Committing an offence with intent to commit a sexual offence, Common assault / Racially or religiously aggravated Common Assault, Communication network offences (Revised 2017), Condition of vehicle/ accessories/ equipment involving danger of injury – buses/goods vehicles, Condition of vehicle/accessories/equipment involving danger of injury, Controlling a child in relation to sexual exploitation, Controlling or coercive behaviour in an intimate or family relationship, Corporate offenders (fraud): Cheat the public revenue, Corporate offenders (fraud): Conspiracy to defraud, Corporate offenders: fraud, bribery and money laundering, Criminal damage (other than by fire) value exceeding £5,000/ Racially or religiously aggravated criminal damage, Criminal damage (other than by fire) value not exceeding £5,000/ Racially or religiously aggravated criminal damage, Cruelty to a child – assault and ill treatment, abandonment, neglect, and failure to protect, Disorderly behaviour with intent to cause harassment, alarm or distress/ Racially or religiously aggravated disorderly behaviour with intent to cause harassment, alarm or distress, Disorderly behaviour/ Racially or religiously aggravated disorderly behaviour, Drive in reverse or wrong way on motorway, Drive in reverse or wrong way on slip road, Drive off carriageway (central reservation or hard shoulder), Drive otherwise than in accordance with licence, Drive otherwise than in accordance with licence (where could be covered), Drug offences involving newer and less common drugs, Drugs – class A – fail to attend/remain for initial assessment, Drugs – class A – fail/refuse to provide a sample, Drunk and disorderly in a public place (Revised 2017), Engaging in sexual activity in the presence of a child/ Causing a child to watch a sexual act, Engaging in sexual activity in the presence of a person with mental disorder impeding choice/ Causing a person, with mental disorder impeding choice, to watch a sexual act, Engaging in sexual activity in the presence procured by inducement, threat or deception, of a person with mental disorder/ Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception, Exceed permitted driving time/ periods of duty, Excess Alcohol (drive/attempt to drive) (Revised 2017), Excess Alcohol (in charge) (Revised 2017), Fail to co-operate with preliminary (roadside) breath test, Fail to comply with notification requirements, Fail to comply with police constable directing traffic, Fail to comply with traffic sign (e.g. Receive the best possible outcome for your case could be heard by two or three magistrates or District! 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