Last amended by Sentencing Act 2020 in 2020. Consolidated sentencing procedure into the Sentencing Code; under that framework the magistrates' maximum sentence for a single either-way offence was increased to 12 months with effect from 18 November 2024.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Magistrates' Courts Act 1980 is the principal statute on the jurisdiction and procedure of magistrates' courts in England and Wales. It governs summary trial, the 'mode of trial' (allocation) procedure that decides whether an either-way offence is tried summarily or sent to the Crown Court, the magistrates' sentencing powers and the power to commit for sentence, the enforcement of fines and other sums, and the civil jurisdiction of the magistrates' courts. It also fixes the general six-month time limit for laying an information for a summary-only offence (s.127), and provides the routes of challenge by appeal to the Crown Court (s.108) and by case stated to the High Court (s.111).
Key Points
- Jurisdiction — magistrates' courts try summary offences and either-way offences allocated to summary trial
- Mode of trial / allocation procedure for either-way offences (ss.17A-24)
- Maximum sentencing power — since 18 November 2024, 12 months' imprisonment for a single either-way offence (6 months for a summary-only offence)
- Committal for sentence to the Crown Court where the magistrates' sentencing powers are insufficient
- General time limit — an information for a summary-only offence must be laid within 6 months (s.127)
- Routes of challenge — appeal to the Crown Court (s.108) and appeal by way of case stated to the High Court (s.111)
Parts & Sections
Amendments History
2003 — Criminal Justice Act 2003
Reformed the allocation ('mode of trial') and sending procedures for either-way offences and largely abolished committal proceedings.
2020 — Sentencing Act 2020
Consolidated sentencing procedure into the Sentencing Code; under that framework the magistrates' maximum sentence for a single either-way offence was increased to 12 months with effect from 18 November 2024.
Frequently asked questions
- What is the main purpose of the Magistrates' Courts Act 1980?
- The Magistrates' Courts Act 1980 is the principal statute governing the jurisdiction and procedure of magistrates' courts in England and Wales. It covers summary trials, the allocation procedure for either-way offences, sentencing powers, the enforcement of fines, and the civil jurisdiction of these courts. It also establishes the time limits for laying informations and the routes for challenging decisions through appeals.
- What is the maximum sentence a magistrates' court can give?
- Since 18 November 2024, the maximum sentencing power for a single either-way offence is 12 months' imprisonment. For a summary-only offence, the maximum remains 6 months. If the magistrates' sentencing powers are insufficient for the offence, they can commit the defendant to the Crown Court for sentence.
- What is the 'mode of trial' or allocation procedure?
- The allocation procedure determines whether an either-way offence is tried summarily in the magistrates' court or sent to the Crown Court. The court decides this by considering the allocation guideline and assessing whether summary trial appears more suitable. If summary trial is suitable, the defendant may request an indication of sentence before deciding how to plead.
- What happens if I cannot pay a fine immediately?
- The court can allow payment of a sum by instalments or postpone the issue of a warrant for immediate payment. If sums remain unpaid, the court can enforce them using methods such as a distress warrant or committal. These powers ensure that fines and other adjudged sums are recovered.