What happens in a 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 is Magistrate court Act 32 of 1944?
The Magistrates’ Courts Act 32 of 1944 aims: to consolidate and amend the law relating to Magistrates’ Courts.
Is an advocate a presiding officer?
There is no magistrate or judge in the Small Claims Court, but the presiding officer is a Commissioner who is usually a practicing advocate or an attorney who acts as a commissioner free of charge.
What is Section 65 magistrates act?
Section 65 proceedings refer to Section 65 of the Magistrates’ Courts Act. This section provides for the collection of a debt from a debtor against whom a judgement has been granted.
What is the Rule 55 notice?
(a) Every application claiming substantive relief shall be brought on notice of motion supported by an affidavit as to the facts upon which the applicant relies for relief. (b) The notice of motion must be addressed to the party or parties against whom relief is claimed and to the clerk of the court.
What are the advantages of magistrates?
Using ordinary people as magistrates has many advantages:
- A wider range of people deal with cases, this would not be possible if magistrates had to be qualified.
- Magistrates often have local knowledge of the area they are working in.
- There are very few appeals about decisions made by magistrates.
- It saves money.
How do magistrates make decisions?
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.
What happens if you plead not guilty in a magistrates court?
If you plead not guilty and your case is being tried at the Magistrates’ Court, you will return for your trial on the appointed date. The trial will proceed as follows: The prosecution will summarise the case against you. The prosecution will call their witnesses.
What happens at first hearing in magistrates court?
The first hearing will decide whether the severity of the offence(s) requires your case to be redirected to the Crown Court. Such offences are called ‘indictable only’ (such as murder and manslaughter) and can only be heard at the Crown Court.
Are members of the public allowed in a magistrates court?
Unless the court restricts it, all cases are open to the public – this is part of the idea of justice being done and being seen to be done. Anyone over 14 can attend court to observe.
What is the purpose of section 65 Enquiry?
Section 65 hearings are in essence an enquiry into the financial position of the judgement debtor. In the hearing the judgement debtor, under oath, presents oral evidence as to their financial position. The Attorney of the judgement creditor is then afforded the opportunity to cross-examine the judgement debtor.
What is a Rule 23 notice?
In circumstances where a Defendant raises an exception on the grounds that the particulars of claim are vague and embarrassing, a rule 23(1) notice must be served within 10 days of receipt of the combined summons, affording the plaintiff an opportunity to remove the cause of complaint within 15 days.
What is a Rule 38?
Rule 38(l)(b) provides that any witness who has been required to produce a document at the trial shall hand it over to the registrar as soon as possible. It is clear that the primary objective of rule 38 is to secure the production of documents from persons who are not necessarily parties in the main proceedings.
Do you go to jail if you get a suspended sentence?
Suspended sentences are custodial sentences where the offender does not have to go to prison provided that they commit no further offences and comply with any requirements imposed. They are used only when the custodial sentence is no longer than two years. A suspended sentence is both a punishment and a deterrent.
Is the Magistrates’ Court Act applicable to South West Africa?
No part of this law was made expressly applicable to South West Africa, and the law does not mention the Magistrates’ Courts Act 32 of 1944.
What is Section 7 of the magistrate’s Act?
(7) Where by any special provision of law a magistrate’s court has jurisdiction in respect of an offence committed beyond the local limits of the district, district division or regional division, as the case may be, such court shall not be deprived of such jurisdiction by any of the provisions of this section.
When did the Magistrates Court Amendment Act 2009 come into effect?
[Amended by Magistrates’ Courts Amendment Act, 2009 (Act 6 of 2009) on 30 July 2009] [APPLICABILITY TO SOUTH WEST AFRICA: Section 1, as substituted by Act 17 of 1970, defined “territory” as “the territory of South West Africa”, and “province” and “Republic” are both defined to include the territory.
When was the Northern Cape division of the Supreme Court amended?
[Amended by Establishment of the Northern Cape Division of the Supreme Court of South Africa Act, 1969 (Act 15 of 1969) on 1 May 1969] [Amended by Magistrates’ Courts Amendment Act, 1970 (Act 53 of 1970) on 1 December 1970]