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<p>Magistrates have no powers to stop a prosecution on the grounds that it is not
in the public interest. A magistrate can refer a case back to the prosecutor and request
that they review their decision to prosecute. We do not hold any data on the number
of times that this occurs. Alternatively, the magistrate can reduce the penalty imposed
and even deal with the case by way of a conditional or absolute discharge. Guidance
for magistrates on mitigating factors is provided in the sentencing guidelines.</p>
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