What are the advantages of magistrates?

Magistrate judges can set cases for trial more quickly because they do not have criminal cases that take priority in scheduling. Most District Judges set two or even three cases for each trial date. If the criminal case does not resolve, the criminal case takes priority over the civil cases scheduled for the same date.

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.

Why is a magistrate important?

They have authority to issue warrants, conduct preliminary proceedings in criminal cases, such as initial appearances and arraignments, and hear cases involving petty offenses committed on federal lands. In most districts, magistrate judges handle pretrial motions and hearings in civil and criminal cases.

Why is it good that magistrates have local knowledge?

Local Knowledge

It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. This speeds up court proceedings, helping to reduce the time cases spend getting to and being heard in court, relieving some of the pressure on the legal system.

Is a magistrate better than a judge?

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.

Advantages and Disadvantages of Magistrates

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.

Why are magistrates better than judges?

A widely perceived strength of magistrates was their greater connection with the local community as compared with District Judges, meaning that they were felt to be better placed to make judgments and dispense appropriate “local justice”. Other perceived strengths of magistrates relate to the concept of “fairness”.

What are the 6 key qualities of magistrates?

19.2 The six key qualities sought in those applying to become magistrates are, good character, understanding and communication, social awareness, maturity and sound temperament, sound judgment and commitment and reliability (see section 6).

What are the roles and functions of a magistrate?

Magistrate's Courts handle Civil, Criminal, Traffic, Inquest and Juvenile cases. Recently the Courts have also expanded their services to process applications for Domestic Violence Restraining Orders.

What are the strengths and weaknesses of magistrates?

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.

What is magisterial power?

The Magisterial powers are exercised by a Police Commissioner, one of the earliest such posts in British India, while the Kolkata Municipal Corporation takes care of all other responsibilities.

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.

Why is a magistrate different to 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 cases do magistrates deal with?

What are the disadvantages of magistrates?

Why do cases go to magistrates court?

A magistrates' court normally handles cases known as 'summary offences', for example: most motoring offences. minor criminal damage. common assault (not causing significant injury)

What are the advantages of having a case heard at the magistrates court?

- If you intend to plead guilty, you should keep your case in the Magistrates' Court, where you are likely to get a lower penalty. - Your case will most likely be heard sooner. - Procedures in court are simpler. - If convicted, your sentence and any court costs are likely to be lower than in Crown Court.

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.

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.

Who do magistrates work for?

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.

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.

What's it like to be a magistrate?

Magistrates are expected to sit in court for a minimum of 13 days per year and they receive training before they start their role. An average day for a magistrate will involve sitting on the bench in a court room for the morning and afternoon sessions and make judgements based on the law on a variety of cases.

What does magisterial personality mean?

If you describe someone's behavior or work as magisterial, you mean that they show great authority or ability. [formal] ...his magisterial voice and bearing.

Under what circumstances a magistrate can make an order for investigation of an offence?

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.