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I was reading into the Wireless Telegraphy Act 2006.

At the sentencing section, I note the following:

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

I thought that in a Magistrates' Court, the Magistrates could not sentence somebody to over 6 months imprisonment per offence, and in the case of numerous offences the total combined sentence could not exceed 12 months.

Based on this, how could a defendant be sentenced to 12 months on summary conviction for just a single offence?

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From this website:

If the Magistrates/District Judge consider that, due to the seriousness of the offence and any factors relating to the defendant (e.g. previous convictions for assault) that the defendant should be punished with more than 6 months’ imprisonment, they can commit the defendant to the Crown Court for sentence where the greater sentencing powers are available.

Or put another way:

If the court decides your sentence should be for longer than 6 months, it can pass your case to the Crown Court for sentencing.

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  • It makes no sense though. Why not just leave it as 6 months, and if the Magistrates' think they do not have enough sentencing powers then let the Crown Court judge decide the indictable sentence of up to 2 years? It seems stupid to put anything over 6 months in the statute.
    – questioner
    Commented May 9, 2021 at 1:39

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