What does a magistrate do?

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.

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.

Is a magistrate better than a judge?

Magistrate judges are real judges authorized by statute. The only major difference is the manner in which magistrate judges are selected and the length of appointment.

What does a magistrate do in KY?

In addition to meeting twice a month, magistrates are assigned to numerous committees for the purpose of making recommendations to the whole court on certain matters. The magistrates are answerable to the constituents in their district, and represent their interests before the Fiscal Court.

What powers do magistrates have?

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. Find out more about the different types of sentence and see the guidelines for sentencing offences in magistrates' courts.

What do magistrates do?

What cases do magistrates deal with?

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.

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.

Do magistrates get 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.

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.

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 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.

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.

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.

How does a magistrates court work?

There's no jury in a magistrates' court. The district judge decides if the defendant is guilty or not and what sentence to give. A magistrates' court normally handles cases known as 'summary offences', for example: most motoring offences.

Do magistrates sit alone?

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.

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.

Who Cannot be a magistrate?

Police officers, traffic wardens and members of the armed forces cannot become magistrates. This is to make sure that magistrates are impartial. Some criminal offences can prevent a person from becoming a magistrate.

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”.

Is it easy to become a magistrate?

What training do I need to be a magistrate? Magistrates do not need any specific legal training, nor do they sit exams. Instead, they undergo mandatory training of about three and a half days before sitting in court, and will be allocated a mentor for their first year.

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).

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.

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.

What Offences are heard by magistrates court?

A Magistrate's Court has the authority to hear all criminal cases except murder, treason and crimes under international criminal law. Magistrates' courts also hear all civil cases except those limited by statute.

Do magistrates ask questions?

You may also be asked questions by the magistrates, the clerk or the judge. In the Crown Court the jury can ask questions for the judge to read out. Once you have given your evidence the court will tell you that you can leave the witness box.