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MONTOYA, FERNANDO

Case Reference: 47CC0317324

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

47CC0317324

Court

Brighton Magistrates' Court - Courtroom 02

Magistrate

Mrs Coe JP , Ms Dowson JP , Mrs Lester JP , Mr Russell , Mrs Vening JP

Hearing Date

1 October 2026

Time

10am

Hearing Type

Hearing

Court Type

Magistrates

Prosecutor

CPS-SE

Case Details

Offence Details: | Burglary other than dwelling - with intent to commit damage

Next Steps at this First Hearing / First Appearance

At the first hearing (usually in the Magistrates' Court), the charges are formally read. The defendant is asked to enter a plea. If pleading guilty, sentencing can sometimes happen immediately or be adjourned. If pleading not guilty, the court will make directions to manage the case or transfer it to the Crown Court for trial.

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

Burglary

Entering a building or part of a building as a trespasser with the intent to steal, commit GBH, or do unlawful damage; or entering and actually stealing or committing GBH.

Sentencing: Triable either way. Domestic burglary (entering someone's home) is treated very seriously and carries a maximum of 14 years in prison. Commercial burglary carries a maximum of 10 years.
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

Yes, it is highly recommended. Legal representation ensures your rights are protected, especially when entering a plea or applying for bail. A duty solicitor is usually available at court for eligible defendants.

Pleading guilty at the earliest opportunity typically entitles you to a sentence reduction (up to one-third off the penalty). The court may sentence you immediately or adjourn to obtain a pre-sentence report.

The case will be adjourned, and a trial date will be set. The court will determine issues such as bail, witness requirements, and evidence submission deadlines.

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.

Entering a building or part of a building as a trespasser with the intent to steal, commit GBH, or do unlawful damage; or entering and actually stealing or committing GBH.

Triable either way. Domestic burglary (entering someone's home) is treated very seriously and carries a maximum of 14 years in prison. Commercial burglary carries a maximum of 10 years.

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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