In court today
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okay so my OH appeared at magistrates court today to guilty police said that he would probably be dealt with at magistrates level however they have said that they can't deal with it and he has been referred two crown Court as this is the second offence anyone able to give me any idea as to whether he's likely to get a custodial magistrates said they thought it might be a suspended if that was the case why did they not deal with it and give him a suspended if anyone can shared some light on it, I would be very grateful grateful thank you
Crown court doesn't necessarily mean custodial, they can give a longer suspended sentence than magistrates, this is what happened in my person's case.
There are set sentencing guidelines for offences and if what they say about your person's charges are 12 months custodial or more then magistrates can't sentence. After mitigation has been considered a judge might impose a sentence of under 12 months but only because the mitigation, a guilty plea etc has reduced the 'over 12 months' starting point to an amount under 12 months.
Going before a judge also means time for a pre-sentencing report to be written which can be hugely helpful if it's positive.
Going before a judge also means time for a pre-sentencing report to be written which can be hugely helpful if it's positive.
Thank you both for your feedback x
