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HERBERT, John

Case Reference: 20BW3302025

Case Details

Open Justice Notice: This record is a public court hearing entry sourced from official HMCTS daily cause lists and is published under the principle of open justice, which holds that court proceedings must be accessible to the public and the press. Appearance in this record does not imply guilt. If this case involves a spent conviction under the Rehabilitation of Offenders Act 1974, or if you believe this record is inaccurate, please contact us.

Reference

20BW3302025

Court

Birmingham Magistrates' Court - Courtroom 11

Magistrate

Mr Amin JP , Mrs Brown JP , Mrs Dumelow J.P. , Ms Hake JP , Miss Lavercombe JP , Mr Manion JP

Hearing Date

14 August 2026

Time

10am

Hearing Type

Sentence

Court Type

Magistrates

Prosecutor

CPS-WM

Case Details

Offence Details: | Racially / religiously aggravated intentional harassment / alarm / distress - words / writing

Next Steps at this Sentencing

The sentencing hearing takes place after a defendant pleads guilty or is found guilty at trial. The judge or magistrates review the Sentencing Council guidelines, consider aggravating and mitigating factors, read any pre-sentence reports or victim personal statements, and decide the appropriate penalty.

Court Jurisdiction: Magistrates' Court - Magistrates' Courts handle virtually all summary offences (minor offences) and start the proceedings for serious offences. They are presided over by three volunteer Magistrates (advised by a legal advisor) or a single qualified District Judge. They do not have a jury.

UK Offence & Sentencing Guidelines

Harassment / Stalking

Engaging in a course of conduct (on at least two occasions) that causes alarm, distress, or fear of violence to another person, knowing or ought to know it amounts to harassment.

Sentencing: Summary harassment carries up to 6 months imprisonment and/or a fine. If the harassment causes fear of violence, or is racially or religiously motivated, it is triable either way and carries a maximum of 5 to 14 years imprisonment.
Disclaimer: The legal definitions and sentencing guidelines above are for general educational purposes under English Law and do not constitute formal legal representation or advice. If you are facing criminal prosecution, consult a qualified criminal defense solicitor immediately.

Case FAQs & Procedure Guide

The court considers the severity of the offence, the defendant's level of culpability (blameworthiness), the harm caused, any previous criminal record (aggravating factors), and positive character references or early guilty pleas (mitigating factors).

Sentences can include discharges (absolute or conditional), fines, community orders (unpaid work, rehabilitation), suspended prison sentences, or immediate custodial sentences (imprisonment).

Yes. The defense can appeal against the severity of the sentence, and the prosecution can appeal (in some serious Crown Court cases) if they believe the sentence was unduly lenient.

For a single summary/either-way offence, magistrates can sentence a defendant to a maximum of 6 months in prison (or up to 12 months for multiple either-way offences), alongside unlimited fines and community orders.

Magistrates are trained volunteers from the local community who sit in panels of three. A District Judge is a qualified legal professional who sits alone. Both have the same sentencing powers.

Engaging in a course of conduct (on at least two occasions) that causes alarm, distress, or fear of violence to another person, knowing or ought to know it amounts to harassment.

Summary harassment carries up to 6 months imprisonment and/or a fine. If the harassment causes fear of violence, or is racially or religiously motivated, it is triable either way and carries a maximum of 5 to 14 years imprisonment.

Interested in the outcome of this case? You can request more information by emailing the court directly using the Email Court button at the top of the page.

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