What is the jurisdiction of magistrates courts?
A Chief Magistrate shall have jurisdiction where the value of the subject matter in dispute does not exceed fifty million shillings and shall have unlimited jurisdiction in dispute relating to conversion, damage to property or trespass; Notwithstanding subsection (1), where the cause or matter of a civil nature is …
What is the difference between judge and magistrate?
A Judge is a judicial officer who analyses evidence which is presented to him in relation to a legal case. A judge administers proceedings of the court and passes his judgements on the case. A Magistrate does not have the power to award life imprisonment or a death sentence.
What are the sentencing powers of magistrates?
Magistrates to help tackle backlog as sentencing powers doubled
- Magistrates will now be able to issue prison sentences of 12 months for a single offence.
- Up to 1,700 extra days of Crown Court time to be freed up annually.
- Latest step to drive down the backlog in criminal courts which rose during the pandemic.
What happens in the magistrates court?
If the case is to be dealt within a magistrates’ court, the defendant(s) are asked to enter a plea. If they plead guilty or are later found to be guilty, the magistrates can impose a sentence, generally of up to six months’ imprisonment for a single offence (12 months in total), or a fine of an unlimited amount.
What are the main responsibilities of the magistrates court?
A magistrates’ court in the United States is sometimes called a police court, handling minor criminal matters, traffic offenses, and small civil claims.
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.
Who is a magistrate in Kenya?
A Magistrate’s Court has the authority to hear all criminal cases except murder, treason and crimes under international criminal law. Magistrates’ courts also hear all civil cases except those limited by statute. Other lower courts include, Kadhis courts, Courts martial and Tribunals. [Read more…]
What is the maximum sentence a magistrate can give?
Magistrates have sentencing powers that allow them to impose a range of sentences, including unlimited fines, bans, community orders and up to 12 months’ custody, depending on the offence.
Who decides the sentence in a magistrates court?
Having listened to the submissions and considered the sentencing guideline, the magistrates decide that the likely sentence the defendant will receive upon conviction is above their sentencing powers (maximum 12 months). They therefore decline jurisdiction and send the case to the Crown Court for trial.
What is the difference between judge and magistrate in Kenya?
Circuit court judges are credited to have more powers than a magistrate and oversee more complicated matters such as criminal cases, high-priority cases and constitutional cases at the federal, state or county level.
What is sentence of magistrate?
(1) The magistrate granted / refused him bail. (2) The magistrate issued a warrant for his arrest. (3) Hugh was summoned to appear before the magistrate. (4) He was/came up before the magistrate for speeding. (5) He was wanted for the murder of a magistrate.
What happens if I plead guilty at magistrates court?
Pleading guilty If you plead guilty at the outset your case will not go to trial and you could be sentenced immediately in the magistrates’ court. For more serious offences you will have to go to the Crown Court to be sentenced. Find out more about sentencing hearings.
What are the conditions of summons issued by magistrate?
(1) Every summons issued by a magistrate’s court under this Act shall be in writing, in duplicate, signed and sealed by the magistrate or by such other officer as the Chief Justice may from time to time direct.
How is the jurisdiction of a magistrate’s court exercised?
The jurisdiction of a magistrate’s court shall, subject to this Act and any other written law limiting or otherwise relating to the jurisdiction of that court or of the presiding magistrate, be exercised in conformity with the law with which the High Court is required to conform in exercising its jurisdiction by the Judicature Act. 10.
What are the powers of a chief magistrate?
(1) A chief magistrate shall exercise general powers of supervision over all magistrates courts within the area of his or her jurisdiction.
What is the purpose of the Magistrates Act?
All subsequent amendments have been researched and applied by Laws.Africa for ULII.] An Act to amend and consolidate the law relating to the establishment, constitution and jurisdiction of, and the practice and procedure before, magistrates courts and to make provision for other matters connected therewith or incidental thereto.