What is a Rule 58 Judgement?
Rule 58 provides that orders may be granted in matrimonial matters in respect of the following – interim maintenance; a contribution towards the costs of a pending matrimonial action; interim care of any child; or. interim contact with any child.
What is the maximum sentence a magistrate can issue?
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 cases do magistrates court?
A magistrates’ court normally handles cases known as ‘summary offences’, for example: most motoring offences. minor criminal damage. common assault (not causing significant injury)
Do rules of evidence apply in Georgia Magistrate Court?
The Magistrate Court is required to apply “the rules of evidence.” The Court CANNOT AND WILL NOT accept estimates, letters, affidavits, or statements which are considered “hearsay” for the purpose of proving damages. In some cases, you may need to seek the advice of an attorney to determine which evidence to introduce.
What is a Rule 43 6?
Rule 43(1) and (6) provides a mechanism whereby a party can claim a contribution to legal costs at the commencement or prior to the divorce proceedings and two or more such applications can be made before the first date of trial.
What does rule 43 stand for?
Rule 43 of the Federal Rules of Criminal Procedure deals with the presence of the defendant during the proceedings against him. It presently permits a defendant to be tried in absentia only in non-capital cases where the defendant has voluntarily absented himself after the trial has begun.
Do magistrates send people to jail?
Depending on the offence, the judge or magistrate will have a range of sentence types they can give an offender according to the seriousness of the offence and other factors such as the offender’s previous criminal record. Sentence types include prison, community sentences, fines and discharges.
Do all cases go through magistrates court?
All cases start at the Magistrates’ Court but at their first appearance a defendant facing an indictable only offence will simply be sent directly to the Crown Court.
What happens when you go to magistrates court?
At the Magistrates’ Court, your trial will be heard either by a District Judge or by a bench of lay Magistrates. The Magistrates or the District Judge decides on matters of law (for example whether evidence is admissible) and fact (for example have you done what the prosecution say you have done?).
What happens if you plead guilty in a magistrates court?
Pleading guilty means that you admit you did the crime. If you plead guilty, the court will decide what should happen next, which could be a fine or a prison sentence.
What happens if you miss magistrates court?
If you fail to turn up at Court without reasonable excuse, the Criminal Prosecution Service will apply for a warrant for your arrest which means the Police will come looking for you, arrest you and hold you in the cells until the Magistrates are able to deal with your case.
What are the duties of a magistrate judge?
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 …