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The Global Insight

How do magistrates make decisions?

Author

John Johnson

Updated on March 03, 2026

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 do magistrates decide?

Criminal cases Magistrates pass the most serious crimes (for example murder, rape and robbery) to the Crown Court. Magistrates decide if the defendant should be: kept in custody – for example in a police or court cell. let out on strict conditions – for example to keep away from named places or people.

Do magistrates have to give reasons?

Apart from occasions where a Magistrate is required to give reasons for a decision, there are other occasions in court when it is desirable for a Magistrate to give reasons for a decision, even though there is no statutory requirement that the Magistrate do so.

How do judges come to a decision in a case?

Trials in criminal and civil cases are generally conducted the same way. After all the evidence has been presented and the judge has explained the law related to the case to a jury, the jurors decide the facts in the case and render a verdict. If there is no jury, the judge makes a decision on the case.

What are the disadvantages of magistrates?

Disadvantages

  • Prosecution Biased- As untrained , they may side with the police.
  • Inconsistent-May forget sentences due to working only 13 days a year.
  • Case Hardened-May judge defendants on a case before.
  • Unrepresentative of society- Only people with free time.

How many days do magistrates sit?

How often do magistrates sit in court? The Lord Chancellor requires a commitment from a magistrate that he/she can sit sufficiently frequently to keep in touch (an average of 35 and a minimum of 26 half day sittings per year. Sometimes more if a magistrate is a member of Family or Youth Panel).

What types of cases do magistrates hear?

Magistrates deal with three kinds of cases:

  • Summary offences. These are less serious cases, such as motoring offences and minor assaults, where the defendant is not usually entitled to trial by jury.
  • Either-way offences.
  • Indictable-only offences, such as murder, manslaughter, rape and robbery.

    How much do magistrates earn?

    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.

    What do magistrates get paid?

    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.

    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 are the 7 steps of the decision making process?

    The 7 decision-making process steps 1. Identify the decision 2. Gather relevant information 3. Identify the alternatives 4. Weigh the evidence 5. Choose among alternatives 6. Take action 7. Review your decision

    What’s the best way to make good decisions?

    If you follow these five steps, and also remember the common pitfalls previously addressed, you will be well on your way to making good decisions for yourself. For more information on decision making skills, you can read: Smart Choices: A Practical Guide to Making Better Decisions by Hammond, J.S., Keeney, R.L., and Raiffa, H.,

    When to make a decision and put your plan into action?

    When making a decision and putting your plan into action you should have taken care to weigh all your valid options. Making a decision based upon an outcome that may not be plausible will not help you solve the problem. Poor Timing Time can be a futile friend. Sometimes it is good, and sometimes it is not.

    When is it time to make a decision?

    After you’ve accurately identified the decision that must be made, it’s time to enter the information-gathering phase. Good decision-making requires you to be as informed as possible and tackle the problem from all available angles.