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Sentencing at Magistrates' Court - Driving Offence

If you have been convicted after a trial or intend to plead guilty at Court, you may be interested in finding out how you are likely to be sentenced for the offence in question. For free initial advice contact our driving offence experts on 01616 966 229.

The Magistrates tend to sentence over 95% of cases that are dealt with at the Magistrates' Court. However; in certain circumstances and where the Magistrates feel that their sentencing powers are insufficient they may refer a case for sentence at the Crown Court.

Where someone has been found guilty of an offence, and the matter will be sentenced by the Magistrates, the Magistrates will consult with their Sentencing Guidelines. These guidelines have no legal force and are only guidelines. They suggest a starting point and a range of sentence for each offence. However; sentencing is not definite and the outcome can be dependent on the quality of legal representation.

Using these guidelines the Court will be encouraged to explore and examine the facts of the offence before it and will identify any aggravating or mitigating features. The guidelines are significant in that they establish the seriousness of the offence before the Court and enable the Court to determine the most appropriate way of dealing with the case.

Securing quality legal representation in Court, and having a good motoring lawyer at Court to fight for you, will ensure that you get the shortest disqualification or least amount of penalty points possible in the circumstances and could make a real difference to the final result. It can make a difference between being sent to prison and not being sent to prison if the offence carries a custodial penalty. 

A motoring lawyer can give you advice about the strength of the prosecution case and can realistically manage your expectations about the sentence that is likely in the circumstances. You should make arrangements for legal representation as far in advance of your Court date as possible. It can often be secured for a fixed fee so that you know where you stand. 

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