The Magistrate may impose a fine or fines up to a maximum of £5,000 and/or a sentence of imprisonment not exceeding 12 months. The Magistrate has the power to make a compensation order of up to £5,000.

The Magistrate does not have the power to make a confiscation order under the Drug Trafficking Offences (Jersey) Law 1988 or the Proceeds of Crime (Jersey) Law 1999 and must commit a case where such an order is likely to be made.

Duty of Magistrate to commit case beyond his or her sentencing powers to the Royal Court
If the Magistrate is of the opinion that the gravity of an offence is such that there should be imposed a penalty or penalties in excess of those which the Magistrate is empowered to impose, or that a confiscation order (as mentioned above) is likely to be made, the Magistrate is under a statutory duty to commit the accused to take his or her for trial before the Royal Court.

Duty of Magistrate who has found an accused guilty to commit case to Royal Court for sentencing in certain circumstances.1
Where the accused has pleaded not guilty to a moderately serious offence which appears to lie within the jurisdiction of the Magistrate’s Court the Magistrate may try the case.

If the Magistrate having heard the evidence, is satisfied beyond all reasonable doubt that the accused is guilty as charged the Magistrate will then examine any record of previous convictions of the accused to determine the proper sentence that ought to be imposed.

If the record of these previous convictions is such that a sentence is merited greater than that which the Magistrate is empowered to impose the Magistrate is under a statutory duty to remand the accused for sentencing to the Royal Court.

The Magistrate is also obliged to commit a case to the Royal Court for sentencing if it is likely that a confiscation order might be made.

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1. Magistrate’s Court (Miscellaneous Provisions)(Jersey) Law 1949: Article 3(2)