What can a magistrate do?
What can a magistrate do?
Magistrate judges perform a wide range of duties in civil and criminal cases. In civil cases, they will hear pre trial motions, conduct settlement and pre trial conferences, and may, on assignment, handle dispositive motions and, with the consent of the parties, may conduct the trial.
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.
How many years does it take to become a magistrate?
Degree: Prospective magistrates need to obtain at least a 3-year diploma or degree in law such as Diploma Luris, BLuris or a 4-year degree such as BProc. It is advisable to also obtain a LLB degree or a Diploma Legum. Magistrates who have the latter qualifications can become regional magistrates.
What punishments can Magistrates give?
In the Magistrates’ Court, the maximum sentence that can be imposed on an adult defendant for a single either-way offence is 6 months’ imprisonment and/or a fine. A defendant facing 2 or more either-way offences can be sentenced to a maximum of 12 months’ imprisonment and/or a fine.
What is the maximum sentence a sheriff court can give?
Sheriff court The maximum sentence for cases heard before a sheriff and jury is five years in prison (three years for cases that were first called before 1 May 2004) or an unlimited fine. Examples of criminal cases the sheriff court can deal with are: theft. assault.
Do judges follow sentencing guidelines?
Judges also use the Federal Sentencing Guidelines Manual. As its name suggests, the manual guides judges toward a sentence based on the facts that led to the conviction. Unlike mandatory minimums, the sentencing guidelines are advisory, not mandatory.
Should I take a plea or go to trial?
Having a guilty plea or a no contest plea on the record will look better than having a conviction after a trial. This is partly because the defendant likely will plead guilty or no contest to a lesser level of offense or to fewer offenses.
