What is the difference between a court magistrate and a judge?

Difference between judges and magistrates

Although both individuals serve the court, a magistrate is a licensed attorney appointed to serve by a judge. A domestic or juvenile court judge can assign a magistrate to aid in a particular case.

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 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.

What powers does a magistrate 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 is the difference between a Judge and a Magistrate?

Why would a case 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)

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.

Do you need a degree to be a magistrate?

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.

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.

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 cases do magistrate judges 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.

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 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.

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.

Who Cannot be a magistrate?

Who can be a magistrate? Magistrates come from a range of backgrounds; they are ordinary people with common sense and the capacity to make fair decisions. You must be aged between 18 and 70 and have no serious past criminal convictions.

Can anyone attend a magistrates court hearing?

A magistrates' court is usually open to the public. People may sit quietly and listen at the back of the court.

How do people become magistrates?

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 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 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 do you call a female magistrate?

Call the Magistrate 'Your Honour', 'Sir' or 'Madam'. Call others in the courtroom (such as lawyers and witnesses) by their title and surname; for example, Mrs Citizen. Be polite.

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.

What happens at first appearance at 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.

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 happens in a magistrates court when you plead not guilty?

If you plead not guilty your case will go to trial. At a trial, the prosecution will have to prove that you are guilty of the offence and will present evidence to the court. This may include calling witnesses to testify.