What makes a magistrate?

A magistrate is an attorney appointed by the Court to serve as a judicial officer with the power to preside over certain trials and hearings.

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?

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.

Is a magistrate 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 can magistrates do?

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.

James: What is a magistrate?

What do you address a magistrate as?

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.

Does magistrate 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.

Who can't 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.

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?

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.

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 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 cases are heard in magistrates?

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 is a magistrates judge called?

These people are magistrates. Magistrates, also known as Justices of the Peace, are individuals from all walks of life who are passionate about making a difference in their local communities. They volunteer for at least 13 days a year, plus training, to hear a variety of cases in our courts.

What are the benefits of being a magistrate?

How are magistrates selected?

Magistrates are recruited and recommended for appointment by local advisory committees, public bodies made up of existing magistrates and non-magistrates. The Senior Presiding Judge appoints magistrates on behalf of the Lord Chief Justice. You do not need legal training or formal qualifications to become a magistrate.

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).

Who advises magistrates?

The legal adviser advises the magistrates on the law and helps to manage proceedings in court. The magistrates are in charge of the courtroom.

Do you call a magistrate Your Worship?

Senior Judges, Court of Appeal Judges and High Court Judges are to be addressed as 'My Lord' or 'My Lady' Circuit Judges are to be addressed as 'Your Honour' Magistrates are to be addressed as 'Your Worship', or 'Sir' or 'Madam'

What is the maximum sentence at magistrates court?

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)

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.

Which punishment may pass by magistrates?

The Court of a Magistrate, specially empowered under section 29C, may pass any sentence authorized by law, except a sentence of death or of transportation or imprisonment for a term exceeding seven years.]

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.

Do magistrates get threatened?

Any threats to judges or magistrates are taken extremely seriously, and within Her Majesty's Courts and Tribunals Service there is a security team to co-ordinate effective judicial security and incident investigation, working closely with senior judiciary and police agencies to provide the necessary support.”