What is the function of the magistrate court in Zambia?

They can decide all matters except for offences of treason, murder, aggravated robbery, election petitions and all matters that involve the interpretation of the Constitution and are presided over by Resident Magistrates of appropriate status.

What are the functions of magistrates courts?

Although their precise duties may change from district to district, Magistrate Judges often conduct mediations, resolve discovery disputes, and decide a wide variety of motions; determine whether criminal defendants will be detained or released on a bond; appoint counsel for such defendants (and, in the misdemeanor …

Who appoints magistrates in Zambia?

Subordinate Courts are presided over by Magistrates who are appointed by the Judicial Service Commission acting in the name and on behalf of the Republican President. Out of 117 districts, there are 64 Subordinate Courts operating in Zambia.

Why is a magistrate important?

Magistrates are impressive people. They perform a vital role, bringing the valuable experience and common sense of ordinary people to the justice system, and devoting large amounts of your valuable time to serving your communities.

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What type of cases do magistrates deal with?

Magistrates are trained, unpaid members of their local community, who work part-time and deal with less serious criminal cases, such as minor theft, criminal damage, public disorder and motoring offences.

What is a magistrates salary?

Magistrates are not paid, but many employers allow their employees time off with pay. If you lose out on pay, you can claim an allowance at a set rate, as well as allowances for travel and subsistence. Find out more about magistrates’ allowances.

How many types of courts are in Zambia?

The Zambian judicial system comprises approximately 460 courts, arrayed, basically, in a hierarchy with four primary levels. At the base, stand 415 local courts, presided over by 8 senior presiding justices, and 407 presiding justices, assisted by 428 ordinary justices.

Who is current chief justice of Zambia?

Irene Chirwa Mambilima (born March 31, 1952) is the Chief Justice of Zambia, in office since 2015. Prior to her appointment as Chief Justice, Mambilima was the Chairperson of the Electoral Commission of Zambia.

What is the hierarchy of courts in Zambia?

According to the constitution number 2 of 2016, the structure of the judicature shall comprise the Supreme Court of Zambia which ranks equivalent to the constitutional court, the appeals court, the High Court of Zambia, the Subordinate Court, the Local Court and such lower Courts as may be prescribed by an Act of …

What is the power of magistrate?

Magistrate: Magistrate is a civil officer that has power to administer and enforce the law. … The powers exercised by a magistrate are more than an Administrative Official. Magistrates may preside over lower level criminal cases and some civil matters. They may handle cases, such as, petty theft and small crimes etc.

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Who Cannot be a magistrate?

There are only a few exceptions: Police officers, traffic wardens and members of the armed forces cannot become magistrates. This is to make sure that magistrates are impartial. Some criminal offences can prevent a person from becoming a magistrate.

Why are there 3 magistrates?

In law reports, they are referred to as “DJ Smith” (or “DDJ Smith” for deputies). Magistrates generally sit in threes in order to give judgement on a variety of cases in magistrates’ courts, youth courts and family proceedings courts.

What is the longest sentence a magistrates can give?

In the Magistrates’ Court, the maximum sentence that can be imposed on an adult defendant for a single either-way offence is 6 months’ imprisonment and/or a fine. A defendant facing 2 or more either-way offences can be sentenced to a maximum of 12 months’ imprisonment and/or a fine. You can read more here about fines.

Do all crimes go to court?

Only serious offences where there is sufficient evidence will end up in court. These types of cases must be referred to the Crown Prosecution Service (CPS) to make a Charging Decision. Court action only occurs once an offender has been charged or summoned with an offence to appear in court.

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.

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