What types of cases do magistrates hear?
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What types of cases do magistrates hear?
Magistrates deal with three kinds of cases:
- Summary offences. These are less serious cases, such as motoring offences and minor assaults, where the defendant is not entitled to trial by jury.
- Either-way offences.
- Indictable-only offences.
What do magistrates do in civil cases?
What magistrates do. Magistrates are volunteers who hear cases in courts in their community. They can hear cases in the criminal court, the family court, or both. Each case is usually heard by 3 magistrates, including a magistrate who is trained to act as a chairperson.
Why are there 3 magistrates?
In law reports, they are referred to as “DJ Smith” (or “DDJ Smith” for deputies). Magistrates generally sit in threes in order to give judgement on a variety of cases in magistrates’ courts, youth courts and family proceedings courts.
Who is higher judge or magistrate?
Circuit court judges are credited to have more powers than a magistrate and oversee more complicated matters such as criminal cases, high-priority cases and constitutional cases at the federal, state or county level. Their jurisdiction is more limited and can cover only a region, district, province or county.
Who is more powerful DM or judge?
At the district level, a District Judge (DJ) is always considered superior to the District Magistrate (D.M.). At the topmost level, Chief Justice of India is always considered superior to the Cabinet Secretary.
Should I consent to a magistrate judge?
A district judge who is thinking of referring a dispositive motion should instead encourage full or limited consent by the parties for the magistrate judge to decide the motion. Many district courts no longer refer dis- positive motions to magistrate judges as a means of making better use of their magistrate judges.
Can you appeal magistrates decision?
If you feel you have been wrongly found guilty in the Magistrates’ Court you can appeal against your conviction to the Crown Court within 21 days of your sentence.
Why do we have magistrates?
They build public confidence in sentencing, and teach young people about the law and the way that the justice system in England and Wales operates.
What are the disadvantages of magistrates?
Disadvantages
- Prosecution Biased- As untrained , they may side with the police.
- Inconsistent-May forget sentences due to working only 13 days a year.
- Case Hardened-May judge defendants on a case before.
- Unrepresentative of society- Only people with free time.
What power does the Magistrates Court have?
Sentences a magistrates’ court can give The court can give punishments including: up to 6 months in prison (or up to 12 months in total for more than one offence) a fine. a community sentence, like doing unpaid work in the community.
What qualifications do magistrates need?
No formal or legal qualifications are required but magistrates need intelligence, common sense, integrity and the capacity to act fairly.
Is there a shortage of magistrates?
Magistrates’ courts are already beset by shortages but, over the next decade, they face the loss of more than half of the 13,177 magistrates who are currently in their 60s unless the retirement age is raised.
How do you become a local magistrate?
Becoming a Magistrate
- Can be appointed from the age of 18, and retire at 70;
- Are volunteers, and there are around 23,000 from all walks of life;
- Do not need legal qualifications (they are assisted in court by a legal adviser);
- Must be available to carry out at least 26 half-day court sittings a year;
What do magistrates wear?
High Court and District Court judges wear black gowns. Magistrates do not wear gowns.
