As a criminal defence solicitor, I am routinely asked whether or not a Magistrate can send people to prison. The short answer is yes, Magistrates have the power to sentence people who plead guilty to criminal charges to a term of imprisonment. The maximum prison sentence they can impose is 2 years for each charge or a total of 5 years for a bundle of charges. They also determine bail applications and have the power to remand people into custody as they wait to finalise their case.
Despite this, Magistrates have many sentencing options available to them and a term of imprisonment is generally the last resort. The key to reduce the risk of receiving a term of imprisonment is to develop a plan on how to show the sentencing Magistrate that you have things in place which warrants you remaining in the community. In this article, I offer some basic practical tips to reduce the risk of receiving a prison sentence.
Know What You are Pleading Guilty To
This is a basic tip, but I am troubled by the amount of people I see appear in the Magistrates’ Court not completely understanding the charges they are pleading guilty to, their consequences and the summary of agreed facts. There is a material benefit in engaging a criminal defence lawyer who is experienced in appearing in the Magistrates’ Court because they will properly advise you of which charge/charges appropriately reflects your conduct, they will advise you of the likely outcome because they are attune to the Court’s sentencing tariffs for certain offences borne from their experience appearing in the Magistrates’ Court and they will advise you of what you should do before Court to improve your outcome – again this stems from their experience appearing countless times in the Magistrates’ Court.
If you are pleading guilty to criminal charges, you must understand what the charges are and what the summary of facts (which is the narrative which tells the Magistrate what happened) says. You cannot take issue with aspects of the summary of facts during your Plea Hearing. This undermines the purpose of the plea hearing, will frustrate the Magistrate, and will erode your remorse.
Don’t Come to Court with Empty Hands
I have a very simple rule which I advise all my clients who are pleading guilty and that is – don’t come to Court with empty hands. Treat appearing in a Plea Hearing in the Magistrates’ Court as though you ae going to someone’s home for the first time. Common courtesy compels you to take a bottle of wine or a gift. At the very least, you should attend your Plea Hearing with character references.
A professionally prepared plea in mitigation will have a letter of reflection, character references, confirmation that you have completed courses relevant to your offending such as an anger management course or drug and alcohol counselling, confirmation that you have made a donation to a relevant charity, and a letter confirming that you are linked in with professional services if relevant to you.
Plea Hearings are sophisticated hearings anchored to complex sentencing principles which are explained by legislation and higher Courts. A Magistrate hearing your guilty plea has the unenviable job of deciding on a punishment which balances a myriad of factors including - the seriousness of your offending, your subjective personal circumstances, the stage at which your plea was entered, sentencing outcomes in other similar cases, the victim’s attitude to the offending and whether or not the purposes of punishment can be achieved in other ways than imprisonment. Therefore, simply telling the Magistrate you’re a ‘good person and will never do this again’ isn’t enough.
Invest time and effort into properly preparing your Plea Hearing by engaging an experienced criminal defence solicitor who will understand your situation and give you a plan to follow before your Plea Hearing to optimise the outcome. While doing things before your Plea Hearing will interfere with your ordinary daily commitments, you have to weigh up how disruptive a term of imprisonment will be to your life if you don’t prioritise this.
Dress Appropriately
The way you present in the Magistrates’ Court is a one percenter which ought not be ignored. By presenting in neat casual clothing, you will send a visual message to the Magistrate that you respect the Court and understand the seriousness of the process.
If you are unable to afford clothing, there are charitable organisations which offer clothing for Court.
Behave Appropriately
Another one percenter is to behave appropriately in Court. Again, this shows deference to the Court and understanding that you are part of a serious process. You may have to wait for hours before your case is finally called on, in which time, you are sitting there watching other people’s cases being heard. Be mindful of the fact that Magistrates are perched up high in the Court room and have a clear view of the body of the Court. They will be observing your demeanour in Court while you wait for your case to be heard.
Therefore, you should avoid playing with your phone, avoid getting visibly frustrated at having to wait, and you must not speak out or audibly react to other people’s cases.
In the past, I have appeared before Magistrates who have acknowledged my clients’ patience as they waited for their case to be called on, noting that this must have increased their anxiety.
Get in touch with me on 0431 915 148 or tyson@chamberslawyers.com.au if you would like specifically tailored advice about your upcoming criminal matter.