Is a magistrates court serious?

A defendant can insist on their right to trial in the Crown Court. Magistrates can also decide that a case is so serious that it should be dealt with in the Crown Court – which can impose tougher sentences if the defendant is found guilty. Indictable-only offences, such as murder, manslaughter, rape and robbery.

What civil cases are heard in magistrates court?

In addition to criminal cases, the Magistrates’ Courts has some limited civil jurisdiction including: Enforcing council tax demands and issuing warrants of entry and investigation to electricity and gas authorities. Certain family cases, including orders for protection against violence and maintenance orders.

What are the functions of a magistrate?

Judicial function: The magistrate’s primary function is to adjudicate in both civil and criminal cases, to return a verdict and convict those who have been found guilty of unlawful commissions or omissions.

Do I need a solicitor at a magistrates court?

Legal Representation. You should attend the Magistrates’ Court in good time for your hearing. It is best to have a solicitor represent you if possible. For instance, if you are likely to go to prison if found guilty, you will get legal aid.

What is the main function of the magistrate court?

The Mission of the Magistrate’s Court is to provide the community with equal and impartial access to judicial services by ensuring the preservation of judicial independence, protection of individual rights and increasing the public’s trust and confidence by maintaining high ethical standards.

What jobs stop you being 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.

What kind of cases go to the Magistrates Court?

Magistrates’ Courts hear a wide range of offences, both summary and indictable. The more serious indictable offences are referred to either the District Court or the Court of First Instance. All matters appear initially in the Magistrates’ Courts.

Which is the busiest Magistrates Court in Tasmania?

The Magistrates’ Court is the busiest court in Tasmania, handling over 30,000 cases each year. The Magistrates Court is part of the third – or judicial arm – of government.

What happens in the Magistrates Court in Hong Kong?

When does the accused go to the Court of first instance?

When the accused requests it, the Magistrate will conduct a preliminary inquiry. If the Magistrate considers that there is sufficient evidence to put the accused on trial before a jury, the accused will be committed to the Court of First Instance for trial.

What to do if creditors take you to court?

Most creditors would rather settle a case without the hassle of going to court. If you’ve been sued, contact the creditor immediately to see if there is anything that can be done to stop the lawsuit from moving forward, says Cristy Cash, director of counseling at Consumer Credit Counseling Service (CCCS) of Central Oklahoma.

What are the restrictions on part time magistrate judges?

Section 636(c)(1) of Title 28 places restrictions on the ability of parties and courts to allow part-time magistrate judges to exercise consent authority in civil cases.

Where can I find the Magistrate Court website?

TO OBTAIN STATUS AND INFORMATION REGARDING CIVIL FILINGS IN THE MAGISTRATE COURT CLICK HERE TO ACCESS THE PUBLIC PORTAL.

Where does the authority of a magistrate judge come from?

The statutory authority of magistrate judges is set forth in the Federal Magistrates Act of 1968, as amended. The basic provisions are found at 28 U.S.C. § 636 and 18 U.S.C. § 3401 and are included in Appendix I. Other statutory grants of authority to magistrate judges appear throughout the United States Code.