Are magistrates better than judges?

They have less authority than judges, and the scope of their power is more comparable to that of an administrator. Their jurisdiction is more limited and can cover only a region, district, province or county. The role of the magistrate is to arbitrate in the case summary of a trial, and they do not work with a jury.

How is a magistrate different from a judge?

A magistrate is a judge who has limited authority to hear certain issues. In the federal court system, magistrates are judges appointed by the district judges of the court to assist the district court judges.

What are magistrates strengths?

The perceived strengths of magistrates include awareness of “local needs”, “broad experience of life” with diverse perspectives, fact-finding, bail, and sentencing. However, often, three magistrates were needed to spend time in simple cases such as road traffic cases.

What was the purpose of having magistrates?

A principal function of a magistrate is to provide an independent, unbiased review of complaints of criminal conduct brought by law enforcement or the general public.

Why is magistrates court better?

Cases usually get to trial more quickly in a Magistrates' Court than a Crown Court, although this gives more time to prepare a case for a Crown Court trial. Crown Court judges may have a more sophisticated or expert understanding of the law in particular areas.

What is the difference between a Judge and a Magistrate?

How serious is magistrates court?

“Summary” offences – can be heard only in magistrates' court

These are less serious cases such as low level motoring offences, disorderly behaviour, TV licence payment evasion and minor assaults.

How do you impress a magistrate?

Also make sure you are polite and show respect at all times and when it's your turn to speak, talk directly to the judge rather than the person on the other side in the case and give brief, succinct answers. If you do not understand something the judge asks or do not hear the question fully, ask them to repeat it.

What are the disadvantages of magistrates?

Are magistrates referred to as Your Honor?

Call the magistrate “Your Honor” when you're directly addressing them. When the magistrate addresses you and calls on you to speak, stand and refer to them as “Your Honor” in your statement or your answer to their question.

Are magistrates real judges?

District Judges (Magistrates' courts) hear criminal cases, youth cases and also some civil proceedings in Magistrates' courts. They can be authorised to hear cases in the Family Court. Some are authorised to deal with extradition proceedings and terrorist cases. They are also authorised to sit as prison adjudicators.

Can magistrate send you jail?

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 kind of cases do magistrates deal with?

District Judges (Magistrates' courts) hear criminal cases, youth cases, and some civil proceedings in Magistrates' courts. They can also be authorised to hear cases in the Family Court.

How do I address a magistrate in court?

Who chooses magistrates?

Who are the magistrates? Magistrates are members of the local community appointed by the Lord Chancellor to sit in magistrates' courts and decide on cases brought before them.

What is the appropriate way to address a magistrate?

To be consistent with the position's judicial role and official title as prescribed by law, a United States Magistrate Judge should be addressed, orally and in writing, as “Judge.”

Can a magistrate investigate a case?

In an important judgment, the Supreme Court has held that a Judicial Magistrate has the duty to order police investigation under Section 156(3) of the Code of Criminal Procedure when the complaint prima facie shows the commission of cognizable offence and the facts indicate the need for a police investigation.

Can magistrates drop a case?

If the prosecution do not have enough evidence, they may drop the case before it goes to trial. Alternatively the case may be thrown out by the judge or magistrates, for example if key evidence is not available or if there is a reason why the defendant could not get a fair trial.

Is being a magistrate paid?

Magistrates are not paid, but many employers allow their employees time off with pay. If you lose out on pay, you can claim an allowance at a set rate, as well as allowances for travel and subsistence. Find out more about magistrates' allowances.

Are magistrates powerful?

A Magistrate does not have the power to award life imprisonment or a death sentence. A convict can be awarded life imprisonment or death sentence by a Judge, commensurate with the seriousness of the crime. The jurisdiction of a Magistrate is smaller when compared to a Judge. The jurisdiction of a Judge is very vast.

How do magistrates decide guilt?

To prove that a defendant is guilty the prosecution must prove its case beyond reasonable doubt, often referred to as making the jmagistrates/judge 'satisfied so that they are sure' of the defendant's guilt. This is the standard of proof.

How do magistrates make decisions?

Magistrates listen carefully to all evidence given in court and follow structured decision-making processes (such as sentencing guidelines in criminal cases) and case law to reach fair decisions. They are advised on points of law by a legal adviser who sits in court with them.

What happens when you go to magistrates court?

You will be asked to plead guilty or not guilty, or if the case is to be sent to the Crown Court, what your plea will be when you get there. The magistrates will decide whether you can leave on bail, or whether you should be kept in prison on remand.

What happens if you go to a magistrates court?

After you have pleaded guilty the Prosecutor will tell the magistrates the facts of the case. You will then be asked if they are correct and you may then add anything that you may think is relevant. If you plead not guilty the case will normally be adjourned to a new date for witnesses to be called to give evidence.

What happens at first hearing in magistrates court?

At the first hearing, the magistrates' court will decide whether the defendant should be released on bail. Bail is when it is decided that the defendant does not need to be kept in prison before the trial.

What are the two types of magistrate?

The Regional Magistrates' Courts at present only deal with criminal cases whereas the district Magistrates' Courts deal with criminal and civil cases.