Is magistrates civil or criminal?

Magistrates Court is a court of law with civil and criminal jurisdiction.

What are magistrates in charge of?

Magistrate duties include issuing various types of processes such as arrest warrants, summonses, search warrants, emergency protective orders, emergency custody orders, and certain civil warrants.

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?

Magistrates are trained, volunteer members of the local community who make decisions in criminal and family cases in Magistrates' courts and the Family Court. The most complex cases in Magistrates' courts are heard by District Judges.

Is magistrates court a criminal court?

Magistrates' courts

All criminal cases start in a magistrates' court. Cases are heard by either: two or three magistrates.

Difference between Judge and Magistrate | Indian Judiciary

What type of people are magistrates?

What is a magistrate? Magistrates (also called Justices of the Peace) are ordinary people who hear cases in court in their community. They sit in benches of three, including two 'wingers' and one who sits in the centre who has received special training to act as chair, known as the Presiding Justice.

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.

What is the difference between civil judge and magistrate?

The mandate of Magistrate is to handle minor cases. A Judge is not a civil officer neither is he a minor judicial officer. A Judge is a judicial officer who analyses evidence which is presented to him in relation to a legal case. A judge administers proceedings of the court and passes his judgements on the case.

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 powers do magistrates have in civil cases?

Magistrates have sentencing powers that allow them to impose a range of sentences, including unlimited fines, bans, community orders and up to 12 months' custody, depending on the offence.

Do magistrates deal with criminal cases?

Magistrates are trained, unpaid members of their local community, who work part-time and deal with less serious criminal cases, such as minor theft, criminal damage, public disorder and motoring offences.

What do magistrates do in a criminal case?

They hear the evidence, and make a decision on guilt or innocence. If the defendant is found guilty, the Magistrates or District Judge (Magistrates' court) will decide the sentence or send the case to the Crown Court for sentencing.

Can a Magistrate have a criminal record?

Becoming a magistrate with a criminal record

While a criminal offence or civil order in the past will not necessarily disqualify you for appointment, the Senior Presiding Judge will not appoint anyone in whom the public would be unlikely to have confidence.”

Can magistrates dismiss a case?

If you simply fail to prove an offence at court, you should not seek to withdraw the charge, but should leave it for the magistrates to dismiss.

How long does a magistrates court case take?

How long does a Magistrates' Court trial last? Magistrates' Court trials normally last between five to six hours, however, this can be longer or shorter depending on the number of witnesses and the amount of evidence to be presented.

Are magistrates in civil court?

Magistrates sit in the Magistrates' courts, dealing with criminal and civil proceedings, or the Family Court, or both. The role is unpaid and many magistrates are employed alongside their role.

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 address a magistrate?

When you speak to a District Judge or magistrate you should stand up and call them 'Sir' or 'Madam'. The press and public are usually allowed in the courtroom.

Are magistrates legally qualified?

Qualifications. You do not need formal qualifications or legal training to become a magistrate. You will get full training for the role, and a legal adviser in court will help you with questions about the law.

Who do magistrates work for?

Magistrates are trained volunteers, selected from the local community, who deal with a wide range of criminal and civil proceedings. They are also known as Justices of the Peace. In the adult criminal court, magistrates decide on offences which carry up to twelve months in prison, or an unlimited fine.

What does a magistrate do in court?

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.

What are the benefits of being a magistrate?

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.

When a magistrate arrests a person without a warrant?

Any police officer may without an order from a Magistrate and without a warrant, arrest any person; who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or.

Is magistrate bound by police report?

12. Thus, it is trite that the Magistrate is not bound by the opinion of the investigating officer and he is competent to exercise his discretion in this behalf, irrespective of the view expressed by the police in their report and decide whether an offence has been made out or not.