Family and Friends Forum

Hi Ollie - as someone who is also fathoming out how this all works, I hope people who are far more knowledgeable will share their wisdom, but I think it's because the pre-sentencing report is only an informed recommendation. If whatever the outcome could potentially be exceeds what a magistrate has the power to do then the case goes to Crown. This isn't to say that a worst case scenario will happen as things like mitigating factors and the pre-sentencing report aren't considered in the sentencing council's framework for sentencing, it's the judge who decides exactly what a sentence should be after hopefully taking everything into consideration (and not being in a bad mood! That's the bit that worries me). I've heard people on here say that going to Crown isn't necessarily a bad thing as judges are far more experienced than magistrates, but I say that as small consolation at such a worrying time (I'm a mum too)

If I'm wrong then sorry, and I'm sure someone will come along soon and give you correct info.

All the best xxx

Hi Ollie,

Not sure wat your son was arrested for but if it iiocs and he has Cat A's then apparently they have to be dealt with at crown, that was wat we were told I maybe wrong but I don't think so. But unfortunately I think we have all been told different things by different police forces and ss

These cases almost always go to the crown court for sentencing, but it doesn't mean a prison sentence is inevitable. No one can say for certain what the outcome will be, but a suspended sentence or a community order are not unusual for iioc, although a custodial sentence cannot be ruled out either.

My oh solicitor asked for it to go to crown it was for images no communication or anything. She said magistrates aren't as good with sentencing and would see it as a bigger case than they could handle. He got given a suspended sentence at crown court and we was in and out in under 5 minutes. Also magistrates can still do prison sentences but I think if I remember right it is only upto one year. It all depends on the judge on the day and nothing else

We were told it was better to go to crown rather than magistrates for breach, as judges are more experienced and less likely to be shocked. They deal with this every day and our barrister said, almost 2/3 of his cases are of this nature now. They will read out evidence from cps/police, barrister will mitigate and defend and the judge will make a decision based on the balance of evidence as to what the sentence should be x