Although their precise duties may change from district to district, Magistrate Judges
often conduct mediations, resolve discovery disputes, and decide a wide variety of motions
; determine whether criminal defendants will be detained or released on a bond; appoint counsel for such defendants (and, in the misdemeanor …
What is the difference between a magistrate and a judge?
Magistrates have fewer and more limited powers than judges
. They can hear different types of cases. Judges generally hear larger, more complex cases while magistrates hear smaller matters such as petty crime and traffic offenses. … Magistrates have a smaller area of jurisdiction such as a city or county.
What are the duties of magistrates?
The Magistrate is a judicial public officer appointed or (elected in the US system)
to hear and decide legal matters in Court
, Black’s Law Dictionary, 9th Ed. He is the person who states the law by rendering a decision based on the facts placed before him or her.
Why is a magistrate important?
Magistrates are impressive people. They
perform a vital role
, bringing the valuable experience and common sense of ordinary people to the justice system, and devoting large amounts of your valuable time to serving your communities.
Who are magistrates and what do they do?
What magistrates do. Magistrates are
volunteers who hear cases in courts in their community
. They can hear cases in the criminal court, the family court, or both. Each case is usually heard by 3 magistrates, including a magistrate who is trained to act as a chairperson.
What are the 3 duties of a magistrate?
Although their precise duties may change from district to district, Magistrate Judges often
conduct mediations, resolve discovery disputes, and decide a wide variety of motions; determine whether criminal defendants will be detained or released on a bond
; appoint counsel for such defendants (and, in the misdemeanor …
How many types of magistrates are there?
Candidates here should also know that there are basically
two kinds
of magistrates – Judicial Magistrates and Executive Magistrates.
Can a magistrate send you to jail?
If the case is to be dealt within a magistrates’ court, the defendant(s) are asked to enter a plea. If they plead guilty or are later found to be guilty, the magistrates can impose a sentence, generally of
up to six months’ imprisonment for a single offence
(12 months in total), or a fine of an unlimited amount.
Do you call a magistrate Your Honor?
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 not be critical or offensive to people in court.
What is an example of a magistrate?
The definition of a magistrate is a civil or lay judge or other official who is responsible for administering and enforcing the laws, usually by holding hearings on minor offenses.
A judge that hears traffic ticket cases and fines people
is an example of a magistrate.
What are the disadvantages of magistrates?
- Prosecution Biased- As untrained , they may side with the police. …
- Inconsistent-May forget sentences due to working only 13 days a year. …
- Case Hardened-May judge defendants on a case before. …
- Unrepresentative of society- Only people with free time.
Do magistrates get paid?
Magistrates are not paid for their services
. However, many employers allow time off with pay for magistrates. If you do suffer loss of earnings you may claim a loss allowance at a set rate. You can also claim allowances for travel and subsistence.
How does one become a magistrate?
Candidates who wish to become Magistrates must appear
in the exams carried out by the Law Service Commission
. They can also write the State Judicial Law Entrance Exam that is conducted by the Public Service Commission. The notifications for these exams will be available in all leading newspapers.
Who Cannot be a magistrate?
There are only a few exceptions:
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.
How should I prepare for a magistrate interview?
- Good Character. Your personal integrity. …
- Understanding and Communication. Ability to understand documents (as a magistrate you will have to work with documents such as the sentencing guidelines. …
- Social Awareness. …
- Maturity and Sound Temperament. …
- Sound Judgement. …
- Commitment and Reliability.
How hard is it to become a magistrate?
While a
magistrate requires no legal qualifications or external training
, a judge is required to have legal qualifications, and to have worked within the legal profession for a minimum of 5 to 7 years after completing their legal qualifications.
