The judge and magistrate roles

Question 1

What is the difference between what offences the judge and the magistrate deal with?

Answer 1

The magistrate deals with accused charged with summary offences or indictable offences heard summarily in the Magistrates’ Courts.

The judge deals with accused charged with indictable offences in the County or Supreme Courts.

Question 2

What are the roles of the judge/magistrate?

Answer 2

• Act impartially
• Manage trial/hearing
• Decide/oversee outcome of case
• Decide on matters of sentencing

Question 3

What does it mean to act impartially?

Answer 3

It means that they must not favour any side or have any connections to the prosecution or accused
(includes no apprehended bias)
And judicial impartiality ensures public confidence in court system

Question 4

How can they manage trial/hearing?

Answer 4

They can do this through supervising and controlling the case by:
- ensuring correct court procedures are followed (witnesses, order of events etc.)
- ask occasional clarifying questions of witnesses
- decide on admissibility of evidence (opinions, relevance, hearsay etc.)
- adjust trial processes to reduce disparity

Question 5

How do they decide/oversee outcome of the case?

Answer 5

Magistrates have the job of deciding whether the accused is guilty beyond reasonable doubt

Judges do not decide on matters of guilt but they ensure jury understands their role and summarizes case (points of law, evidence or legal definitions etc.