Journal articles: 'Magistrates Court'

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Bliss, Laura. "Magistrates Court." Journal of Criminal Law 82, no. 4 (August 2018): 301–4. http://dx.doi.org/10.1177/0022018318792937.

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Kołodko, Piotr. "UWAGI NA TEMAT ODPOWIEDZIALNOŚCI ‘MAGISTRATUS POPULI ROMANI’ W ŚWIETLE PRAWA PRYWATNEGO ORAZ PRAWA PUBLICZNEGO." Zeszyty Prawnicze 14, no. 3 (December 6, 2016): 117. http://dx.doi.org/10.21697/zp.2014.14.3.06.

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SOME REMARKS ON THE RESPONSIBILITY OF THE MAGISTRATUS POPULI ROMANI IN THE LIGHT OF PRIVATE AND PUBLIC LAWSummaryThe article presents the immunity process for the magistratus populi Romani on the grounds of ius privatum and ius publicum. In view of the source material which has been preserved this subject is generally discussed in terms of the magistratus maiores and magistratus minores (senior and junior magistrates). I show that under private law senior magistrates, who were vested with imperium, were protected against in ius vocatio summons during their term in office. On the other hand, their junior colleagues, the magistratus minores, who were equipped only with potestas, could be sued in the course of their term. Hence, they did not enjoy the warranty process which served the exclusive benefit of the senior magistrates of Republican Rome. Due to the profound evolution that Roman criminal proceedings underwent, a uniform approach to the issue of immunity against prosecution was never developed. The first successful attempt to introduce magistrates’ immunity has to be associated with the lex Acilia repetundarum, which had a limited scope: only senior magistrates and those junior magistrates who exercised the powers of imperium were its beneficiaries; also it only applied to the crimen repetundarum. The lex Memmia de absentibus, which was adopted in 113 BC, was not much more than a half-measure, but it definitely broadened the group of protected magistrates. It is difficult to determine whether it was treated as a general lex, applicable not only to the standing courts (quaestiones perpetuae) and to the extraordinary court (quaestiones extraordinariae), but also to the iudicia populi (the “people’s courts” or centuriate assemblies). However, it is most likely that the provisions of this lex applied to the extraordinary criminal courts, since the quaestiones perpetuae did not start operations until the late second century BC.

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Edwards, Susan. "MAGISTRATES’ COURTS CRIMINAL PRACTICE 2006." Denning Law Journal 18, no. 1 (November 23, 2012): 269–70. http://dx.doi.org/10.5750/dlj.v18i1.321.

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David Brewer (Jordan Publishing 2006), Pp 2422 (Hardback and Cd rom), ISBN 1 84661 011 7, Price £140.00 For many years, criminal practitioners have relied on Archbold Criminal Pleading Evidence & Practice (Sweet and Maxwell, pp 3070, price £310 hardback and cd rom) as ‘the’ trusted aide and mentor to criminal practice in all courts. More recently, Blackstone’s Criminal Practice (Blackstone Press, now Oxford University Press, pp 2061, price £185 hardback and cd rom) has emerged as ‘the’ competitor. However, those who practise largely in the magistrate’s courts find Anthony and Berryman’s Magistrates’ Court Guide (LexisNexis Butterworths) essential reading. Anthony and Berryman’s has its obvious limitations of size (750 pages) and therefore detail, it has its benefits too at just under £50.00. Practitioners in the magistrate’s court find themselves using either Blackstone’s or Archbold together with Anthony and Berryman’s.

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Robinson, Gwen. "Transforming probation services in Magistrates’ courts." Probation Journal 65, no. 3 (May 13, 2018): 316–34. http://dx.doi.org/10.1177/0264550518776778.

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This article presents findings from an exploratory study of court work in two English Magistrates’ courts which was conducted in 2017. The study involved two principal research methods: observation of the daily activities of court team members and semi-structured interviews with 21 members of the two teams, which took place towards the end of the research. The aim of this article is to provide an insight into contemporary probation work in Magistrates’ courts, in the wake of two major reform programmes: Transforming Rehabilitation and Transforming Summary Justice. The findings of this study raise questions about the contemporary relevance of the ‘narrative of decline’ that has featured in previous research and commentary on court work, and further suggests that – whilst it is early days – the creation of specialist court teams has not inevitably led to the ‘incorporation’ of probation workers into the dominant court culture.

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Ainsworth, Frank, and Patricia Hansen. "Behind the Closed Door: A Guide and Parents' Comments on the Workings of the New South Wales Children's Court." Children Australia 38, no. 2 (May 29, 2013): 47–53. http://dx.doi.org/10.1017/cha.2013.2.

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The New South Wales Children's Court, like other state and territory Children's Courts, is a closed court. This means that the public cannot attend court hearings when care and protection matters are before the court. The exception is Victoria where even in the Family Division of the Children's Court that deals with care and protection matters an application has to be made to a magistrate for the court to be closed. This article is designed to take the reader behind the closed door and provide information about court processes and procedures as well as present parents' comments on the way in which the court works.In New South Wales there are seven specialist children's courts at Parramatta, Glebe (Bidura), Campbeltown, Newcastle (Broadmeadow), Wyong, Woy Woy and in the Illawarra (Port Kembla). In other places children's care matters are dealt with by local magistrates supported by specialist Children's Court magistrates from Parramatta who staff a country Children's Court circuit.Parents' views on these processes and procedures are troubling as many see the court as unfair in the way that decisions are made. The parents' views have been obtained, through interviews with parents over a number of years, as part of the authors' professional duties, as a Guardian ad Litem and solicitor in the New South Wales Children's Court.From this experience it is clear that many professional staff who have contact with parents involved in Children's Court matters are also unclear about the court processes, and as a result they are less able to support parents through this stressful process. This article aims to assist staff to understand the court processes so that they may in turn support parents.

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Saifee, F. A. "IN TERROREM APPEALS TO THE CROWN COURT." Cambridge Law Journal 66, no. 1 (March 2007): 53–66. http://dx.doi.org/10.1017/s0008197307000025.

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Magistrates' Courts are designed to provide more economical and expeditious adjudications than may be possible in the Crown Courts. It is the summary nature of Magistrates' Courts' determinations that justifies the defendant's statutory right to a rehearing in a Crown Court if he is dissatisfied with the result of his first trial. However the powers of a Crown Court on disposing of an appeal can deter defendants from lodging what they consider to be meritorious appeals. This article assesses the nature and legitimacy of those powers, which work in terrorem of appeals.

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7

Joseph, Philip. "Introduction to the Magistrates’ Court." Criminal Behaviour and Mental Health 1, no. 3 (September 1991): 296–97. http://dx.doi.org/10.1002/cbm.1991.1.3.296.

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McKittrick, N. A. "Codification—The Magistrates' Court Dimension." Journal of Criminal Law 50, no. 2 (May 1986): 171–77. http://dx.doi.org/10.1177/002201838605000208.

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Vaughan, Phillip, Christine Austen, Mary Le Feuvre, John O'Grady, and Barbara Swyer. "Psychiatric Support to Magistrates' Courts." Medicine, Science and the Law 43, no. 3 (July 2003): 255–59. http://dx.doi.org/10.1258/rsmmsl.43.3.255.

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There are many problems associated with magistrates' courts obtaining psychiatric advice when faced with defendants with mental health problems. Often the disposal of such individuals is less than ideal because of the unavailability of expert advice. In order to overcome these difficulties in Hampshire, a protocol has been developed to guide the court towards other sources of expert psychiatric advice as an alternative to the traditional route of using a consultant psychiatrist. By using existing court diversion schemes, prison mental health teams and care co-ordinators in community mental health teams, it is hoped that this will result in a more timely and reliable flow of psychiatric information. Not only will this provide an improved service to the courts but the mentally disordered defendant should benefit from a better informed bench when they are considering his/her disposal.

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Joseph, Philip L. A. "Psychiatric Assessment at the Magistrates' Court." British Journal of Psychiatry 164, no. 6 (June 1994): 722–24. http://dx.doi.org/10.1192/bjp.164.6.722.

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James, D. V., and L. W. Hamilton. "Setting up Psychiatric Liaison Schemes to Magistrates' Courts: Problems and Practicalities." Medicine, Science and the Law 32, no. 2 (April 1992): 167–76. http://dx.doi.org/10.1177/106002809203200212.

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Guidelines are set out to aid those wishing to establish psychiatric liaison services to magistrates' courts, as recommended by the Home Office. The account is based upon 20 months' experience of running such a scheme at Clerkenwell magistrates' court in inner London. The practical problems in initiating such a service are explored together with difficulties likely to be encountered in its running. These include questions of personnel, interviewing facilities, relations with other disciplines, legal issues concerning the Mental Health Act and problems encountered in negotiating with catchment area services. Suggestions are given as to how difficulties may be overcome. The future of liaison schemes to magistrates' courts is discussed.

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Moura e Sá, Patrícia, Maria João Rosa, Gonçalo Santinha, and Cátia Valente. "Quality Assessment of the Services Delivered by a Court, Based on the Perceptions of Users, Magistrates, and Court Officials." Sustainability 13, no. 2 (January 7, 2021): 504. http://dx.doi.org/10.3390/su13020504.

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This paper aims to measure the quality of the services delivered by a court by assessing the satisfaction of court users and service providers, i.e., magistrates and court officials. For that purpose, a case study was carried out and data were collected by means of a questionnaire based on the SERVPERF instrument, in which perceived service quality is measured, considering court users, magistrates, and court officials’ perceptions of post-service performance. One hundred and fifty-eight questionnaires were successfully returned. An in-depth interview was later conducted to the court administrator to gain a richer understanding of the results achieved and ask follow-up questions. Overall, findings revealed that court users, magistrates, and court officials clearly have a positive view of the services provided, although improvement is needed, particularly in the court’s facilities and technological equipment. The current research sheds some light on the potentialities and difficulties of assessing service quality in the judiciary and contributes to the validation of the SERVPERF instrument in this context.

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Moura e Sá, Patrícia, Maria João Rosa, Gonçalo Santinha, and Cátia Valente. "Quality Assessment of the Services Delivered by a Court, Based on the Perceptions of Users, Magistrates, and Court Officials." Sustainability 13, no. 2 (January 7, 2021): 504. http://dx.doi.org/10.3390/su13020504.

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This paper aims to measure the quality of the services delivered by a court by assessing the satisfaction of court users and service providers, i.e., magistrates and court officials. For that purpose, a case study was carried out and data were collected by means of a questionnaire based on the SERVPERF instrument, in which perceived service quality is measured, considering court users, magistrates, and court officials’ perceptions of post-service performance. One hundred and fifty-eight questionnaires were successfully returned. An in-depth interview was later conducted to the court administrator to gain a richer understanding of the results achieved and ask follow-up questions. Overall, findings revealed that court users, magistrates, and court officials clearly have a positive view of the services provided, although improvement is needed, particularly in the court’s facilities and technological equipment. The current research sheds some light on the potentialities and difficulties of assessing service quality in the judiciary and contributes to the validation of the SERVPERF instrument in this context.

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liang, linxia. "rejection or acceptance: finding reasons for the late qing magistrate's comments on land and debt petitions." Bulletin of the School of Oriental and African Studies 68, no. 2 (June 2005): 276–94. http://dx.doi.org/10.1017/s0041977x05000133.

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many scholars accept that the magistrate under the qing (1644–1911) dealt with land and debt disputes with great discretion. through the investigation of first-hand court records of magistrates' reasons for accepting or rejecting land and debt petitions, this article demonstrates for the first time that the assumption and myth that the magistrate either returned petitions to mediators for settlement or dealt with them in a solomonic fashion does not hold water. the magistrate rejected or accepted petitions on the merits of individual cases in accordance with qing law. it shows that litigation on private matters in the qing was rationally administered even at this stage.

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Evans, Jonathan, and Arden Tomison. "Assessment of the Perceived Need for a Psychiatric Service to a Magistrates' Court." Medicine, Science and the Law 37, no. 2 (April 1997): 161–64. http://dx.doi.org/10.1177/002580249703700212.

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One approach to diversion from custody of mentally disordered offenders is to provide a psychiatric liaison service to local magistrates' courts. We aimed to establish whether such a scheme was needed locally. Questionnaires for the bench, defence solicitors and bail information officers, enquiring as to the perceived need for a psychiatric assessment, social service care and specialist bail provision, were distributed for all those appearing in a magistrates' court who had been held overnight in police custody. Responses were received for 223 individuals. An immediate psychiatric report was considered necessary for 4.9% of cases. In 2.2% of cases it was thought that remand in custody could have been avoided if such an opinion had been available. In 8% of cases it was thought that remand in custody could have been avoided if specialist bail provision were available. We conclude that availability of a specialist bail provision would lead to a greater number of diversions from custody than providing a psychiatric service to this magistrates' court.

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RUMGAY, JUDITH. "CUSTODIAL DECISION MAKING IN A MAGISTRATES' COURT." British Journal of Criminology 35, no. 2 (1995): 201–17. http://dx.doi.org/10.1093/oxfordjournals.bjc.a048494.

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Samuels, Alec. "Rectification of Mistakes in the Magistrates' Court." Journal of Criminal Law 49, no. 1 (February 1985): 75–76. http://dx.doi.org/10.1177/002201838504900113.

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Morrow, Weston J. "Book Review: The Magistrates' Court: An Introduction." International Criminal Justice Review 21, no. 3 (September 2011): 319–21. http://dx.doi.org/10.1177/1057567711415264.

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Bohlander, Michael. "‘Take it from Me…’—The Roles of the Judge and Lay Assessors in Deciding Questions of Law in Appeals to the Crown Court." Journal of Criminal Law 69, no. 5 (October 2005): 442–48. http://dx.doi.org/10.1350/jcla.2005.69.5.442.

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According to traditional jurisprudence, lay assessors sitting with professional judges at the Crown Court, whether at trial or appeal level, have to take the law from the judge as the legal professional. The same is not true when the same lay magistrates sit at the magistrates' court either with a clerk or a professional district judge. This article questions the traditional arguments for this discrepancy and argues that if lay assessors at the Crown Court have the status of full judges, they should also have the power to decide questions of law.

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Nakamura, Shigeo. "WAS TRADITIONAL CHINESE LAW A MERE “MODEL”? PART TWO." International Journal of Asian Studies 1, no. 2 (June 2004): 297–322. http://dx.doi.org/10.1017/s1479591404000257.

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Inside and outside China, it has been widely believed that in premodern China common people did not bring civil cases to magistrate's courts but settled them at the level of their clan, village or guild. However, David C. Buxbaum's research based on the Dan-Xin Archive and Shiga Shu¯zo¯'s study of legal memoranda show that people quite regularly turned to the magistrate's court to resolve civil disputes. During the Qing dynasty, legal cases were divided, not in civil or criminal terms, but according to how serious the offence was. The less-serious offences were civil cases that included disputes concerning marriage and inheritance, land and property, money and loans, and minor battery. Whereas the latter category, criminal cases in today's terms, were handled with the intention of maintaining legal stability, magistrates involved with civil cases tried to strike a reasonable balance by examining each case on an individual basis. However, how the law was applied to civil cases remains a subject for future research.

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Rowland, Brian. "Review: Anthony & Berryman's Magistrates' Court Guide 2006." Police Journal: Theory, Practice and Principles 79, no. 4 (December 2006): 381–85. http://dx.doi.org/10.1350/pojo.2006.79.4.381.

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Dhami, Mandeep K. "Conditional Bail Decision Making in the Magistrates' Court." Howard Journal of Criminal Justice 43, no. 1 (February 2004): 27–46. http://dx.doi.org/10.1111/j.1468-2311.2004.00309.x.

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Henderson, Emma, and Kirsty Duncanson. "Design and ideology: innovation and the magistrates’ court." Griffith Law Review 27, no. 2 (April 3, 2018): 207–32. http://dx.doi.org/10.1080/10383441.2018.1592741.

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Brabbins, Clare J., and Raymond F. Travers. "Mental Disorder amongst Defendants in Liverpool Magistrates' Court." Medicine, Science and the Law 34, no. 4 (October 1994): 279–83. http://dx.doi.org/10.1177/002580249403400402.

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The Home Office advocates development of court liaison schemes to divert mentally disordered offenders into the care of health and social services. No-one has yet evaluated the amount of mental disorder that existing schemes fail to identify. We interviewed 136 defendants who had been detained by the police prior to their first appearance in Liverpool Magistrates' Court for their current alleged offence. We found very little mental illness but high levels of drug and alcohol misuse. Merseyside police policy advocates diversion at the earliest possible point and local general psychiatry services are willing to assess and treat offenders. The defendants with drug and alcohol problems are, however, neglected by the current initiatives in providing for this group. Addressing this need in a population which might not otherwise come to the attention of services could have an impact on personal and public health as well as on offending behaviour.

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Diamond, Shari Seidman. "Revising Images of Public Punitiveness: Sentencing by Lay and Professional English Magistrates." Law & Social Inquiry 15, no. 02 (1990): 191–221. http://dx.doi.org/10.1111/j.1747-4469.1990.tb00586.x.

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England grants unusually broad responsibility for sentencing of criminal offenders to voluntary part-time lay magistrates who, like their legally trained professional colleagues, sentence a wide range of offenders. Using simulated cases, archival analyses, and observational techniques, this article compares the sentencing decisions of the lay and professional magistrates in London. The study reveals no evidence of the lay preference for more severe sentencing that is typically shown in public opinion polls. The extent to which legal training, court experience, panel decisionmaking and role within the court system can explain the relative leniency of the lay magistrates are considered Consistent with results from other studies, these findings suggests that when laypersons assign sentences to particular offenders rather than express generalized satisfaction or dissatisfaction with current sentencing practices, laypersons are no more punitive than professional judges.

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Travers, Max. "Business as Usual? Bail Decision Making and “Micro Politics” in an Australian Magistrates Court." Law & Social Inquiry 42, no. 02 (2017): 325–46. http://dx.doi.org/10.1111/lsi.12264.

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Between the 1970s and 1990s, political scientists in the United States pursued a distinctive research program that employed ethnographic methods to study micro politics in criminal courts. This article considers the relevance of this concept for court researchers today through a case study about bail decision making in a lower criminal court in Australia. It describes business as usual in how decisions are made and the provision of pretrial services. It also looks at how traditionalists and reformers understood business as usual, and uses this as a critical concept to make visible micro politics in this court. The case study raises issues about organizational change in criminal courts since the 1990s, since there are fewer studies about plea bargaining and more about specialist or problem-solving courts. It is suggested that we need a new international agenda that can address change and continuity in criminal courts.

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Ocheredko, V. P. "The Dual Nature of the Justice of the Peace: Historical Heritage in Determining the Prospects for Development." Rossijskoe pravosudie 9 (August 21, 2020): 57–67. http://dx.doi.org/10.37399/issn2072-909x.2020.1.57-67.

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Problem statement. The originality of the Russian model of the world court created in the post-reform Russia is largely determined by the concept of its dual nature, consisting in an attempt to combine state activity and the initiative of society in world justice. It is she who characterizes the qualitative certainty of a justice of the peace. The difficult path and prospects for the development of a justice of the peace is a contradictory process of legalization of its social reconciliation component. Purpose of the study. The purpose of the study is to determine the place and role of the concept of dual nature in the development of the institution of magistrates in Russia. Methods. The work was carried out on the basis of the use of such general scientific research methods as historical and legal, formal-legal and institutional-legal modeling. In the course of the study, system-structural and logical approaches to the study were applied. Results. The analysis of the concept of the dual nature of the magistrates» court implemented in the Judicial Charter in all areas of the judiciary: judicial system, legal proceedings and the status of a judge. The conditionality of the complex process of development of a magistrate inherent in the model is revealed. The continuity in preserving the dual nature of the justice of the peace at the present stage of reform is disclosed. The conditionality of preserving its world nature on the basis of the development of a social reconciliation function is substantiated. Conclusions. An important place in the Russian model of magistrates being implemented by the Judicial Charters, which gives it a qualitative difference from the models implemented in other legal systems, is occupied by the idea of the dual nature of the magistrates» court. The complexity and inconsistency of its implementation was manifested during the formation and results of the work of justices of the peace. Subsequent reform of the institution of justice of the peace is a process of successively adapting ideas to the realities of strengthening the state principle in the judiciary. However, this did not lead to the elimination of the social component in the nature of the justice of the peace, the elimination of the conciliation function. In the framework of modern judicial reform, continuity in the development of a justice of the peace has been observed. However, one should note the fragmentation and inconsistency of the implementation of the idea in the modern model. All ongoing transformations in the field of world justice are aimed primarily at its development as a local court of limited jurisdiction. An important place in maintaining the quality of certainty of a justice of the peace is the development of its conciliatory function, without which it is a local court with the preservation of its former historical name.

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Matia Portilla, Francisco Javier. "Sobre la adscripción partidaria de los magistrados del tribunal constitucional y su invocación en el proceso = On the political affiliation of the Magistrates of the Constitutional Court and its invocation within the trial." Teoría y Realidad Constitucional, no. 34 (July 1, 2014): 235. http://dx.doi.org/10.5944/trc.34.2014.14085.

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Son constantes las críticas que reciben los Magistrados del Tribunal Constitucional por su alto grado de politización. Esa tensión se ha trasladado al seno del propio Tribunal, a través de un uso abusivo del instituto procesal de la recusación, que ha alcanzado su máximo cénit con la reciente recusación del Presidente del Tribunal por su afiliación a un partido político. Para determinar si esta vinculación ideológica es sorprendente merece la pena examinar cuál es el procedimiento de selección de los Jueces que desempeñan este tipo de funciones en otros países y en el caso español, para preguntarse después si esa proximidad ideológica de los Magistrados con los partidos políticos compromete, o no, su imparcialidad. A la vista de la respuesta que se dé a este interrogante, y a la vista del uso abusivo de las recusaciones cursadas para alterar la composición del Tribunal, se realizan algunas sugerencias concretas sobre los principios que podrían articularse respecto de las recusaciones que se realicen en los procesos de constitucionalidad.Frequently, Magistrates of the Constitutional Court are criticized because of being highly politized. That tension has even been moved into the Court, through an abusive use of disqualification, which has reached its zenith with the recent disqualification of the President of the Constitutional Court because of his political affiliation. In order to determine whether this affiliation is surprising, it is worth examining what is the procedure used to select the Judges that perform this type of functions in other countries and in Spanish case, to wonder afterwards whether that ideological proximity of Magistrates to political parties compromises their impartiality. In view of the answer to this question, and in view of the abusive use of disqualification in order to alter the composition of the Court, we make some specific suggestions about the principles that could be articulated in relation to disqualifications that are made in constitutionality trials.

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Robinson, Gwen. "Delivering McJustice? The probation factory at the Magistrates’ court." Criminology & Criminal Justice 19, no. 5 (July 23, 2018): 605–21. http://dx.doi.org/10.1177/1748895818786997.

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Despite playing a pivotal role in thousands of defendants’ experiences of criminal justice every year, the role of probation workers in the English and Welsh Magistrates’ courts has been neglected by researchers for several decades. This article presents the findings of an ethnographic study of the work of probation staff in two such courts. The study suggests that probation work in this context is being squeezed into an operating model which bears all the hallmarks of a process described by Ritzer as ‘McDonaldization’. It is argued that the proximate causes of McDonaldization in this sub-field of probation work lie at the intersection of parallel Government-led reform programmes – Transforming Rehabilitation and Transforming Justice – which have respectively focused on creating a market for probation services and enhancing the administrative efficiency of criminal proceedings. Until now, almost no attention has been paid, either by researchers or policy-makers, to the intersection of these programmes of reform in the probation suites at the Magistrates’ courts.

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DAVIS, GWYNN, and JULIE VENNARD. "Racism in Court: The Experience of Ethnic Minority Magistrates." Howard Journal of Criminal Justice 45, no. 5 (December 2006): 485–501. http://dx.doi.org/10.1111/j.1468-2311.2006.00439.x.

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Wedgwood, Ruth. "R. v. Horseferry Road Magistrates’ Court, ex parte Bennett." American Journal of International Law 89, no. 1 (January 1995): 142–44. http://dx.doi.org/10.1017/s0002930000202066.

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Holloway, Josanne, and Jenny Shaw. "Providing a forensic psychiatry service to a magistrates' court." Journal of Forensic Psychiatry 3, no. 1 (May 1992): 153–59. http://dx.doi.org/10.1080/09585189208407632.

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MCASEY, BRIDGET. "A CRITICAL EVALUATION OF THE KOORI COURT DIVISION OF THE VICTORIAN MAGISTRATES’ COURT." Deakin Law Review 10, no. 2 (July 1, 2005): 654. http://dx.doi.org/10.21153/dlr2005vol10no2art298.

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<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>The Koori Court Division of the Magistrates’ Court in Victoria has been in operation since 2002. This article seeks to assess its development and operation, with the perspective that the Division has the potential to ad- dress problems Aboriginal people face in the criminal justice system and society generally. The author takes the view, however, that to fulfil this po- tential, the Division’s development and operation must function in a way that makes some effort to adjust the power imbalance between the Abo- riginal and non-Aboriginal community, The author sees a critical ap- proach to an evaluation of the Division as crucial, considering the background of treatment Aboriginal people have received at the hands of the criminal justice system and Australian society as a whole, and the negative impact of previous government policies.</span><span>] </span></p></div></div></div>

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Harnon, Eliahu. "Criminal Procedure and Evidence." Israel Law Review 24, no. 3-4 (1990): 592–621. http://dx.doi.org/10.1017/s0021223700010104.

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Once upon a time there was a lawyer who was most familiar with the rules of criminal procedure and of evidence in force in mandatory Palestine in May 1948. One day in June 1948, the lawyer disappeared. Some say he fell into a deep sleep for many years. Only after the passage of forty years he awoke.Turning to and fro, he will immediately recognize the Ottoman building that houses the courts in Jerusalem's Russian Compound. He will also feel at home with the basic hierarchy of the judiciary: two courts of first instance—magistrates' and district—and no intermediate court of appeal between the district level and the Supreme Court.

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Zaal, F. Noel, and Carmel R. Matthias. "Intermediaries for Child Witnesses: Old Problems, New Solutions and Judicial Differences in South Africa." International Journal of Children's Rights 19, no. 2 (2011): 251–69. http://dx.doi.org/10.1163/157181810x527987.

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AbstractSouth Africa has utilised intermediaries to protect child witnesses and assist their communication in criminal proceedings in the magistrates' courts since 1993. is article examines some lessons to be learned from the South African experience. It provides an overview and assessment of attempts to overcome implementation problems and develop the legislation providing for intermediaries. It reviews contradictory solutions for improvement of the law recently put forward by the high court and constitutional court. Applying both the South African history and international standards, we argue that the high court offered a better way forward. We suggest some additional reforms which may also be relevant for advocates of the intermediary system in other jurisdictions.

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Weijers, Ido. "Requirements for Communication in the Courtroom: A Comparative Perspective on the Youth Court in England/Wales and The Netherlands." Youth Justice 4, no. 1 (April 2004): 22–31. http://dx.doi.org/10.1177/147322540400400103.

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The UK Government’s White Paper ‘No More Excuses’ (Home Office, 1997) set out plans for changing the culture of the Youth Court. This article focuses on one crucial aspect of the reform plans: the idea that magistrates need to engage with young offenders and their families. After a theoretical analysis of the foundation and justification for a special youth court, the article presents some findings concerning differences between the communication cultures of English/Welsh and Dutch Youth Courts. The article concludes by questioning the basic assumption of the White Paper, that fundamental changes could be realised without structural reform.

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Nzunda, Matembo. "Criminal Law in Internal Conflict of Laws in Malaŵi." Journal of African Law 29, no. 2 (1985): 129–46. http://dx.doi.org/10.1017/s0021855300006641.

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Malaŵi has two sets of courts which run completely parallel to each other. One set forms the Judicial Branch of the Government and consists of magistrates’ courts (which have original civil and criminal jurisdiction only), the High Court (which has unlimited original and appellate civil and criminal jurisdiction) and the Supreme Court of Appeal (which has original criminal jurisdiction for contempt of court but otherwise has appellate civil and criminal jurisdiction). The Supreme Court of Appeal is a final appellate court in this set of courts. These courts are here called Received Courts because they apply the received (English) common law as the basic law.The other set of courts is a section of the Ministry of Justice (which is part of the Executive Branch of the Government). The set consists of Traditional Courts of Grades A and B, the Traditional Appeal Courts (which hear and determine appeals from Traditional Courts of Grades A and B), District Traditional Courts, Regional Traditional Courts and the National Traditional Appeal Court (which hears and determines appeals from Traditional Appeal Courts, District Traditional Courts and Regional Traditional Courts). The civil and criminal jurisdiction of Traditional Courts is set out in the warrant establishing the Court and is supplemented from time to time by published ministerial orders under the authority of the Traditional Courts Act (the 1962 Act). The National Traditional Appeal Court is a final appellate court in this set of courts.

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Nombulelo Queen Mabeka and Rushiella Songca. "An Overview of Statutes Relating to Civil Procedure in South Africa in Light of the Changes in Technology." Obiter 41, no. 4 (March 24, 2021): 685–703. http://dx.doi.org/10.17159/obiter.v41i4.10476.

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E-technology has fast become an acceptable and convenient method of communication and a prerequisite of business transactions globally. South Africa is no exception to the trend. While technological progress has facilitated rapid change in the way humans communicate and transact, South African law has not kept abreast of the swift transformation and growth in this sector. This lacuna is especially evident in the South African law of civil procedure, which regulates the civil process in South African courts. Although subject to regular amendment, it appears prima facie not to embrace advances in e-technology and their effect – or potential effect – on the legal process.Moreover, the existing corpus of legislation governing civil process appears to have disregarded the provisions of the Electronic Communications and Transactions Act (ECTA) to the extent that it already provides mechanisms for the use of e-technology. In South Africa, the law of civil procedure is regulated by statutes such as the Rules Board for Courts of Law Act, the Superior Courts Act, the Magistrates’ Courts Act, the Sheriffs Act, the National Credit Act, the Small Claims Court Act, and the Divorce Act, which inter alia regulate court process and ensure the fair administration of justice. The submission made here explores this indicated gap within selected legislation pertinent to civil procedure and postulates the effect of e-technology in the context of the abovementioned legislation.As an example, section 35 of the Superior Courts Act indicates that parties and witnesses must make a physical appearance in the court of issue. This provision, however, does not expressly allow for the use of video conferencing, which would enable witnesses to give evidence via e-technology, and thus allow parties to investigate and re-examine witnesses situated in any geographical location outside of court. Further, section 74Q of the Magistrates’ Courts Act makes it mandatory for garnishee orders to be served personally or by registered mail. This provision is not in line with developments in e-technology. Email, Facebook, or other digital means of service could facilitate the service of garnishee orders issued by magistrates’ courts more effectively and remove delays posed by slow postal delivery, and also inhibit the prohibitive cost of personal service. With this contribution, select statutory provisions are compared to ECTA provisions and specific e-technology laws so as to determine the extent of the gap in the implementation of e-technology within the sphere of civil process. The authors then provide insights into how the current civil law statutes could be amended in line with selected e-technology legislation discussed here.

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Day, Andrew, Jack White, Kevin Howells, Hayley Whitford, Ken O'Brien, and Di Chartres. "The uses of court‐ordered psychiatric and psychological reports in south Australian magistrates' courts." Psychiatry, Psychology and Law 7, no. 2 (November 2000): 254–63. http://dx.doi.org/10.1080/13218710009524992.

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Hucklesby, Anthea. "Court Culture: An Explanation of Variations in the Use of Bail by Magistrates’ Courts." Howard Journal of Criminal Justice 36, no. 2 (May 1997): 129–45. http://dx.doi.org/10.1111/1468-2311.00044.

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Lees, E. "The Meaning of 'Deposit': Thames Water v Bromley Magistrates' Court." Journal of Environmental Law 26, no. 1 (March 1, 2014): 129–37. http://dx.doi.org/10.1093/jel/equ002.

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Joseph, Philip L. A., and Mark Potter. "Diversion from Custody. I: Psychiatric Assessment at the Magistrates' Court." British Journal of Psychiatry 162, no. 3 (March 1993): 325–30. http://dx.doi.org/10.1192/bjp.162.3.325.

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The homeless mentally disordered defendant facing minor charges poses considerable problems regarding appropriate disposal. Psychiatric assessment may be required in order to facilitate the court's decision, but this is often available only after remand in custody. A psychiatric assessment service based at two inner-London magistrates' courts is described. Over 18 months, 201 defendants were referred. They were predominantly male, single, and of no fixed abode, suffering from serious psychiatric disorder; these defendants had often received previous in-patient treatment, frequently as detained patients. They typically were recidivists charged with minor offences. Following initial assessment, 25% were admitted to hospital, 50% were released, and 25% returned to custody. The Crown Prosecution Service discontinued 29% of cases. For those admitted directly to hospital, the mean (s.d.) time from arrest to hospital admission was 5.8 (6.8) days, significantly quicker than with prison-based assessments.

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Douglas, Roger. "A Matter of Small Importance: SES* and Magistrates' Court Outcomes." Australian and New Zealand Journal of Sociology 25, no. 1 (March 1989): 66–84. http://dx.doi.org/10.1177/144078338902500104.

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Easteal, Patricia, and Skye Saunders. "Revisiting vicarious liability in sexual harassment cases heard under the Sex Discrimination Act." Alternative Law Journal 45, no. 1 (November 12, 2019): 38–44. http://dx.doi.org/10.1177/1037969x19877736.

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This article considers recent trends in the judicial interpretation of workplace vicarious liability provisions with respect to sexual harassment matters under the Sex Discrimination Act 1984 (Cth) ( SDA). In a study undertaken by the authors in 2008, we found that the Federal Court and Federal Magistrates Court appeared to be taking a ‘broad-brush’ approach in interpreting employers’ duty to take ‘all reasonable steps’ to prevent sexual harassment and defining ‘in connection with employment’. The authors update that analysis and evaluate a sample of cases from 2011 to 2018, concluding that it is possible the Courts are approaching these legislative elements of vicarious liability with an increasingly narrow brush.

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Ahmedov, Chingiz. "Problems of interaction between police village constables and magistrates as a form of reflection of the essence of bourgeois reforms of the second half of the 19th century in Russia." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 4 (December 11, 2020): 10–17. http://dx.doi.org/10.35750/2071-8284-2020-4-10-17.

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The article is devoted to the insufficiently studied problem of interaction between the institutions of the magistrate’s court and police officials in the second half of the 19th century. The powers of a magistrate, as a representative of the judiciary, enshrined in the Charter of Criminal Proceedings, the Charter on Punishments Imposed by Justices of the Peace, were not limited to considering the case and bringing the guilty persons to justice, but made it possible to issue warnings to police officials. The procedural status of a police village constable was regulated by the charter of criminal proceedings and departmental regulations of the Ministry of Internal Affairs. Having consistently studied literary sources and archival materials, the author comes to the conclusion that procedural powers have found their application in the activities of police village constables. However, the lack of professional training and sufficient knowledge of regulatory legal acts became an obstacle in the implementation of the procedural powers of a police village constable. For the admission of violations of the fulfillment of the assigned duties when drawing up procedural acts against the guilty persons, the justices of the peace issued warnings to the police officials and reported this to the prosecutor. A commission created with the participation of representatives of the Ministry of Justice, the Ministry of Internal Affairs, the second and the third sections of His Imperial Majesty’s Own Chancery to discuss the issue «On the abolition of the right granted to the magistrate courts by article 53 of the charter of criminal proceedings of the right to issue warnings to police officers» considered the powers of the magistrate court to prosecute police officials.

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Alva-Arévalo, Amelia. "The Relevance of the Inter-American Court of Human Rights’ Standards on the Right to Prior Consultation in the Domestic Sphere. A Review of the Peruvian Jurisprudence." International Journal on Minority and Group Rights 27, no. 3 (August 3, 2020): 603–24. http://dx.doi.org/10.1163/15718115-02703004.

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This article discusses how the magistrates of the Constitutional Tribunal of Peru have interpreted the right to prior consultation and examines whether and/or to what extent these magistrates have been consistent with the case-law of the Inter-American Court of Human Rights (IACtHR). Taking into account that the jurisprudence of the Constitutional Tribunal has provided the first guidelines on how to legislate and how to conduct the prior consultation processes in Peru, this analysis is relevant to determine if these guidelines have been elaborated according to the IACtHR’s standards.

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Darbyshire, Penny. "Cameos from the World of District Judges." Journal of Criminal Law 70, no. 5 (October 2006): 443–57. http://dx.doi.org/10.1350/jcla.2006.70.5.443.

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This article draws cameo portraits from observational research of the working lives of three diverse district judges (magistrates' courts), exercising their criminal jurisdiction in a variety of courts. It puts flesh on the bones of previous statistical research. Its purpose is to provide an insight into their day-to-day working world and their approach to it, especially the unseen youth court, for those of us who are unfamiliar with it, such as academics, many practising lawyers and other levels of the judiciary. ‘Here, it's like easyJet. You turn up and take off.’

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Donovan, Pamela, and Paul Lawrence. "Road Traffic Offending and an inner London Magistrates’ Court (1913-1963)." Crime, Histoire & Sociétés 12, no. 2 (October 1, 2008): 119–40. http://dx.doi.org/10.4000/chs.363.

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GRIMSHAW, ROGER, and JOHN PRATT. "RESPONSES TO TRUANCY AMONG THE JUVENILE PANEL OF A MAGISTRATES' COURT." British Journal of Criminology 25, no. 4 (October 1985): 321–43. http://dx.doi.org/10.1093/oxfordjournals.bjc.a047553.

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Joseph, Philip. "Psychiatric court clinics in the United States." Psychiatric Bulletin 16, no. 9 (September 1992): 557–60. http://dx.doi.org/10.1192/pb.16.9.557.

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The conditions endured by mentally disordered defendants remanded in custody have been the subject of mounting concern in England. The Home Office has issued guidelines which encourage the diversion of the mentally disordered from the criminal justice system whenever possible. In an attempt to reduce the number of custodial medical remands, new schemes have been set up which target the magistrates' court, instead of the remand prison, as the site for psychiatric assessment (Joseph & Potter, 1990; James & Hamilton, 1991). These schemes are in their infancy and currently suffer from a lack of funding and have yet to find general acceptance from hospital based psychiatric services.

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Journal articles on the topic 'Magistrates Court'

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