Rezumat
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).
Puncte cheie
- 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)
Părți și secțiuni
Istoricul amendamentelor
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.