Form 23 magistrates court 2025

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These hearings are not about proving guilt or innocence. Instead, they determine whether a case is strong enough to proceed to trial. The magistrate reviews the evidence brought by the prosecution to decide if there is sufficient cause to believe that the defendant committed the alleged crime.
Jurisdiction of the Magistrates Court Regarding civil cases, Ordinary Magistrates Courts have the authority to hear cases where the claims do not exceed R200,000. However, certain matters, disputes over wills, and cases that involve determining a persons mental competence, fall outside the scope of these courts.
The maximum sentence in the Magistrates Court is up to six months imprisonment for a single offence or up to 12 months in total for two or more either-way offences. If the Court decides that a case requires a sentence beyond their powers, they will decline jurisdiction and send the matter to the Crown Court.
The Magistrates Court of Western Australia has multiple registries located around the State to deal with: Criminal - offence-based matters; and. Civil - claims for debt or damages and non-offence based matters (eg extraordinary licence applications, dividing fences and restraining orders).
The Magistrates Court hears summary or simple offences. Charges heard in the Magistrates Court are usually prosecuted by the Police. The Magistrate can consider bail conditions at any appearance of the accused.
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On the civil side, magistrates hear small claims cases, enter orders for summary ejectment (evictions), determine involuntary commitments, and handle other responsibilities. The magistrate is the only civil official in the state who can perform a marriage. A magistrate is an officer of the district court division.
With consent of defendants, a Magistrate Judge may preside in Class A misdemeanor cases, including conducting jury trials. Although Magistrate Judges do not preside at felony trials, they are authorized to conduct preliminary and post-conviction proceedings in felony cases.

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