Sentencing options in the magistrates court

This page, part of a set of materials taken from Law in action: learning through scripted role plays, outlines the sentencing options open to magistrates when sitting as an ‘adult’ court. (Note that the range of sentences changes from time to time, due to shifts in government policy and subsequent legislative reform. The position set out below is accurate as at July 2005.)

Absolute discharge
No punishment imposed, but conviction recorded. Usually imposed for the first and/or minor offence.

Conditional discharge
Punishment beyond recording conviction still thought unnecessary, but defendant warned that if he/she commits further offences in a specified period (up to three years) then further punishment for the original offence (and subsequent offence) may be imposed.

Compensation order
Order to compensate victim for loss, injury or damage. Bench always considers compensating victim. Can be imposed alone or in addition to other sentences. Up to £5,000 per offence.

Fine
Probably the most used sentence. Defendant ordered to pay a fixed sum to the court. Amount should reflect seriousness of the offence and defendant’s ability to pay. Time may be allowed for payment, for example by weekly instalments.

Community orders
These may be imposed for up to three years and may include one or more specified requirements, depending on the nature and seriousness of the offence. Whenever a community order is made, there must be a supervision order to oversee any of the other orders. Community orders include:

• community rehabilitation – defendant must report to and cooperate with a probation officer for fixed period (between six months and three years) and address offending behaviour. Defendant must consent if order imposes a requirement for psychiatric/alcohol dependency treatment. May be combined with a fine but not with imprisonment.
• unpaid work requirement – unpaid work for the community for between 40 and 240 hours. Supervised by probation officer. May be combined with a fine.
• attendance centre – for 18–20 year olds. Defendant must attend a centre and undertake drill and exercise under police supervision. Can be for between 12 and 36 hours. The consent of the defendant is not needed.
• curfew – defendant restricted to a specific place (usually his/her home) for between two and 12 hours in any 24 and for up to six months. If defendant is under 16, for up to three months. May be electronically tagged for enforcement.
• drug rehabilitation – defendant must provide samples for testing and undertake treatment for drug use. Orders last from six months to three years and cases are reviewed monthly by the court. Available for defendants aged 16 or over. Defendant must consent (refusal is ground for imprisonment).
  Other requirements may be:

• residence – must live at specified address
• prohibited activity – refrain from participating in specified activities
• activity – up to 60 days
• exclusion – barred from specified areas for up to two years (may be tagged)
• programme – must participate in an accredited programme
• alcohol treatment – if dependent on alcohol (minimum six months)
• mental health treatment – as resident/non-resident patient

Imprisonment
A custodial sentence is generally imposed for between five days and six months for one offence or up to 12 months for two or more offences (carrying six months maximum on each). Can only be imposed if 21 years or older (if aged 18–20 can be sent to a young offenders institution). Can be suspended (ie not carried out if a person stays out of trouble for specified period) or deferred (ie adjourned to see if the defendant shows commitment to, for example, giving up drugs, anger management counselling etc).

Last Modified: 4 June 2010