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In the magistrates' court, cases are usually heard by a bench of three (or occasionally two) justices of the peace, or by a district judge (magistrates' court). Criminal cases are usually, although not exclusively, investigated by the police and then prosecuted at the court by the Crown Prosecution Service .
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.
All criminal cases begin in a magistrates' court. The most serious cases (for example murder, rape, etc) are sent to the Crown Court, although magistrates' will often decide on issues such as bail and any preliminary matters. [7]
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 ...
Magistrates also sit at the Crown Court to hear appeals against verdict and/or sentence from the magistrates' court. In these cases the magistrates form a panel with a judge. [58] A magistrate is not allowed to sit in the Crown Court on the hearing of an appeal in a matter on which they adjudicated in the magistrates' court. There is a right of ...
In North Carolina, magistrates are officers of District Court. Most magistrates are not lawyers. [4] In criminal cases, a magistrate may issue warrants, set bail, accept guilty pleas, and so forth. In civil cases, the most common duty of a magistrate is to preside over small claims court. [5] [6]