Back to Criminal Cases

SMITH, James

Case Reference: 04ZL2009426

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

04ZL2009426

Court

Burnley Magistrates' Court - Courtroom 02

Magistrate

Mr Cole JP , Mrs Coyle JP , Mr Heylin JP , Ms Jones JP , Ms Price JP , Miss Vaughan JP

Hearing Date

8 September 2026

Time

10am

Hearing Type

Trial

Court Type

Magistrates

Prosecutor

CPS-NW

Case Details

Offence Details: | Harassment - breach of a restraining order on conviction Send by public communication network an offensive / indecent / obscene / menacing message / matter

Estimated Defendant Profile
Statistical Estimate

Notice: This profile is programmatically generated using statistical name metrics from the UK ONS Census and international records. It represents demographic likelihoods and should not be used as absolute factual personal records.

Gender Probability

Male

Likely Age

~39 years old

Predicted Nationality / Origin

British/Irish (GB)

Next Steps at this Trial

During the trial, the prosecution presents evidence and calls witnesses to prove the defendant committed the crime. The defense cross-examines the witnesses and presents its own evidence. Once all evidence is heard, the magistrates, district judge, or a jury (in the Crown Court) will decide if the defendant is guilty beyond a reasonable doubt.

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

A trial in the Magistrates' Court typically lasts from a few hours to a few days. Crown Court trials with a jury can last from several days to multiple weeks, depending on complexity and the number of witnesses.

If the verdict is not guilty (acquitted), the defendant is free to leave and cannot be prosecuted again for the same incident based on the same evidence.

If found guilty, the judge or magistrates will proceed to sentence the defendant, either immediately or at a separate sentencing hearing after a pre-sentence report is prepared.

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.

Public Discussion

Report / Request Removal