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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.
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 ...
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 ...
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. [57] 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 ...
Sentencing in England and Wales refers to a bench of magistrates or district judge in a magistrate's court or a judge in the Crown Court passing sentence on a person found guilty of a criminal offence. In deciding the sentence, the court will take into account a number of factors: the type of offence and how serious it is, the timing of any ...
Conversely, even if the magistrates accept jurisdiction, an adult defendant has a right to compel a jury trial. Defendants under eighteen years of age do not have this right and will be tried in a youth court (similar to a magistrates' court) unless the case is homicide or else is particularly serious. A magistrates' court is made up in two ways.
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 ...
The single justice procedure (SJP; Welsh: gweithdrefn cyfiawnder sengl) was introduced by the Criminal Justice and Courts Act 2015 in England and Wales. [1] [2] [3] Under this procedure a single magistrate with a legally qualified adviser, can try minor non-imprisonable offences without a court hearing, unless the defendant chooses to attend a hearing in court.