What powers do the magistrates have?

Magistrates have sentencing powers that allow them to impose a range of sentences, including unlimited fines, bans, community orders and up to 12 months’ custody, depending on the offence. Find out more about the different types of sentence and see the guidelines for sentencing offences in magistrates’ courts.

What happens in Magistrates Court in WA?

The Magistrates Court deals with adults, aged 18 or over, required to appear in court after being charged with a criminal offence. Minor criminal offences, known as ‘simple offences’, are dealt with in the Magistrates Court. More serious offences, known as ‘indictable offences’, begin in the Magistrates Court.

What are the roles and responsibilities of magistrates?

What do magistrates do? Magistrates listen carefully to all evidence given in court and follow structured decision-making processes (such as sentencing guidelines in criminal cases) and case law to reach fair decisions. They are advised on points of law by a legal adviser who sits in court with them.

Are the public allowed in a Magistrates Court?

When you speak to a District Judge or magistrate you should stand up and call them ‘Sir’ or ‘Madam’. The press and public are usually allowed in the courtroom. Do not speak to family and friends when you are in the courtroom. Turn your phone off or put it on silent mode.

What is the maximum sentence a magistrate can give?

If the case is to be dealt within a magistrates’ court, the defendant(s) are asked to enter a plea. If they plead guilty or are later found to be guilty, the magistrates can impose a sentence, generally of up to six months’ imprisonment for a single offence (12 months in total), or a fine of an unlimited amount.

How long can a magistrates court sentence you for?

What happens if you plead guilty at magistrates court?

Pleading guilty If you plead guilty at the outset your case will not go to trial and you could be sentenced immediately in the magistrates’ court. For more serious offences you will have to go to the Crown Court to be sentenced. Find out more about sentencing hearings.

What are the disadvantages of magistrates?

Disadvantages

  • Prosecution Biased- As untrained , they may side with the police.
  • Inconsistent-May forget sentences due to working only 13 days a year.
  • Case Hardened-May judge defendants on a case before.
  • Unrepresentative of society- Only people with free time.

Can you watch cases in a magistrates court?

You can go into the public gallery (as long as you are 14 or over) at a Crown Court or Magistrates’ Court and watch a criminal trial or a sentencing hearing.

What is the dress code for magistrates court?

There is no formal dress code for defendants attending Court, and you should wear appropriate and comfortable clothing.

What happens at magistrates first hearing?

The first hearing will decide whether the severity of the offence(s) requires your case to be redirected to the Crown Court. Such offences are called ‘indictable only’ (such as murder and manslaughter) and can only be heard at the Crown Court.