What is the role of a magistrate?

Magistrate Services

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.

What is the responsibility of a magistrate?

In civil cases in this district, magistrate judges routinely handle a full range of pretrial matters, including discovery motions, general pretrial case management, scheduling orders, settlement conferences, dismissal and summary judgment motions, and final pretrial conferences.

What's the difference between judge and magistrate?

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 kind of cases do magistrates deal with?

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

Can anybody be a magistrate?

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.

Magistrate Khadija talks about her role as a magistrate

Can a magistrate send someone to 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.

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 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.

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.

Who is more powerful judge or magistrate?

A Judge is a judicial officer who administers court proceedings and gives the judgment on the legal cases after analyzing the facts and evidence related to the case. A magistrate has less power than a Judge. A judge has more power than a magistrate. A magistrate may not have a law degree.

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 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).

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.

Do magistrates get paid?

A magistrate is a voluntary role, and those that decide to be magistrates do not receive payment for their services.

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.

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.

What do you say to a 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.

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.

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.

What power did magistrates have?

The most significant constitutional power that a magistrate could hold was that of "Command" (Imperium), which was held only by consuls and praetors. This gave a magistrate the constitutional authority to issue commands (military or otherwise).

What qualifications are needed to be a magistrate?

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.

What happens if you plead guilty in a magistrates court?

If the defendant pleads 'guilty' to all the charges, the district judge or magistrates can sentence the defendant straight away or they can send the case to the Crown Court if they think the defendant deserves a greater sentence than they have the power to give.

What is an example of a magistrate?

“The term 'magistrate' is often used (chiefly in judicial opinions) as a generic term for any independent judge who is capable of issuing warrants, reviewing arrests, etc.