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The Crown Court panel will normally consist of a Judge (either a Judge of the High Court, a Circuit Judge, a Recorder or a qualifying judge advocate), and a minimum of two Justices of the Peace (Magistrates), none of whom must have been previously involved in the decision under appeal. The Judge will preside over the proceedings and direct the ...
The vast majority of magistrates' courts are taken by the justices' clerk's assistants who are known as magistrates' clerks, court clerks or legal advisers. Their primary role is to provide legal advice to magistrates in the court room and in their retiring room, as well as assisting in the administration of the court business. [ 76 ]
A magistrates' court may set aside and vary decisions of its own court, in relation both to sentence and conviction. In relation to conviction, a magistrates' court may order a rehearing of a case against a person convicted by that magistrates' court. [1] The court may exercise the power when it appears to be in the interests of justice to do ...
The Melbourne Magistrates' Court, the principal venue of the Magistrates' Court of Victoria A magistrates' court is a lower court where, in several jurisdictions , all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings.
Florio cited, too, that decisions by a magistrate must be appealed first to the chief judge before the state Supreme Court, an extra step that forces the parties to exhaust more time and money.
A change of venue is the legal term for moving a trial to a new location. In high-profile matters, a change of venue may occur to move a jury trial away from a location where a fair and impartial jury may not be possible due to widespread publicity about a crime and its defendants to another community in order to obtain jurors who can be more objective in their duties.
The magistrate judge's seat is not a separate court; the authority that a magistrate judge exercises is the jurisdiction of the district court itself, delegated to the magistrate judge by the district judges of the court under governing statutory authority, local rules of court, or court orders. Rather than fixing the duties of magistrate ...
Federal magistrate judges based in San Francisco and San Jose discussed their tips for practitioners at a panel Thursday night. Meet the Magistrates: Judges Dish on Pet Peeves and the Consent ...