What are the differences and similarities between judges and magistrates?

What are the differences and similarities between judges and magistrates?

Judges and Magistrates are responsible for deciding cases by interpreting and applying the law. Magistrates often have a narrow scope of authority and they hear short and less complex matters. Judges, on the other hand, have great authority over matters and generally hear larger, more complex cases.

What are the differences between magistrates and juries?

A trial by jury may in the end give a more rounded cross-section of the public than the slightly elitist Lay magistrates. Juries do not have the advantage of training and knowledge of the law, which is given to the Lay magistrate by the clerk.

What is the relationship between judge and jury?

Working Together: Judge and Jury The judge determines the appropriate law that should be applied to the case and the jury finds the facts in the case based on what is presented to them during the proceedings. At the end of a trial, the judge instructs the jury on the applicable law.

What is the difference between magistrates and lay magistrates?

Lay people are mainly used in magistrates’ courts and crown courts but in the past were used in the high court to deal with civil cases. Over 95% of criminal cases are dealt with by magistrates. Magistrates are unqualified and not paid. They normally sit as a bench of 2 or 3 magistrates to hear a case.

What is the difference between a magistrate?

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. Judges and magistrates have different jurisdictional powers. Judges can preside over a large area, sometimes the entire country.

What’s the difference between magistrates and crown court?

The Crown Court – unlike the magistrates’ courts, it is a single entity – sits in 77 court centres across England and Wales. It deals with serious criminal cases which include: Cases sent for trial by magistrates’ courts because the offences are ‘indictable only’ (i.e. those which can only be heard by the Crown Court)

What’s the difference between magistrates and Crown Court?

What is the role of a magistrate?

What do magistrates do? 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.

Why juries are better than judges?

Juries tend to be easier audiences than judges. Jurors tend to be less concerned with technical details and more so with listening to a compelling story and making a decision based on who they believe should win under the circumstances. Meanwhile, judges analyze all the facts, evidence, and details of the case.

What are the advantages of having a jury?

The chance to have a decision made by a number of people rather than one single person, which can reduce the likelihood of bias against you or your circumstances. The opportunity to be tried by your peers, who may be more likely to relate to your personal situation than a judge or magistrate.

What are the advantages of magistrates courts?

Advantages

• They can only give out a maximum sentence of 12 months.
• There is usually less time to wait before the trial.
• It is less stressful to go through Magistrates courts.

What are the similarities between judges and barristers?

Another similarity between judges and barristers is that they both receive a salary unlike magistrates. Magistrates & Juries: The role of Jurors and Magistrates are similar in many ways. A few examples of the similarities would be that both must be 18-70 years old.

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

A example highlighting this fact is that 49% of lay magistrates are women, but only 10% of professional judges are women. Local knowledge – Lay magistrates must live within a reasonable distance of the court they will sit in. This means they will have more of knowledge of the local area than would be possible using a professional judge.

Do magistrates and jurors get paid for going to court?

Both magistrates and jurors are members of the public and do not get paid for going to court. However, both can claim expenses for any earnings lost during the time they spent in court.

What is the difference between a solicitor and a magistrate?

Both solicitors and magistrates are expected to have the legal qualities necessary to be able to deal with cases effectively. Solicitors and magistrates also carry out their roles in the Magistrates court. Barristers and magistrates are both allowed in a Magistrates Court.