[Solved] difference between magistrate or district judge

Magistrates are members of the community with no special qualifications. They are not paid, and are expected to work an average of one day a month, so you are likely to get different magistrates in every hearing. Pretty much anyone can apply to become a magistrate: https://www.gov.uk/become-magistrate/can-you-be-a-magistrate

District judges are professional full time qualified judges. They tend to know the law better and are know to be a bit more robust in handling cases.

You can ask for your case to be heard by a district judge, but I'm told that this is uncommon at a first hearing. My barrister told me that I would be unlikely to get a district judge unless it was an enforcement hearing or appeal.

I imagine the allegations would have to be pretty serious for a district judge to be involved at a first hearing.

It can depend on the court and it's availability as well. Some courts have a DJ hear things straight away, some have Magistrates. I was assisting someone the other week who was listed for Magistrates, they ran over and a Circuit Judge took the FHDRA! It can be the luck of the draw. The most common situation is that Magistrates start the process unless (as Superdad says) its for enforcement or something more serious.

If there are further allegations, it's not a guarantee of getting a DJ, but chances are it will be raised from Tier 1 (Mags) to Tier 2 (DJ) and be the courts decision. You can ask, but it very rarely happens by request.

District judges are professional full time qualified judges. They tend to know the law better and are know to be a bit more robust in handling cases.

They definitely know the law better 🙂

I am aware its an older post but I thought it might be helpful to add my 2 cents for anybody researching in this forum in the future.

Magistrates (or lay justices or the 'Bench' as they're termed officially) are 'lay' regular people/citizens, without a requirement for any legal education or qualification. However, they must meet various criteria , and are trained prior to judging cases.

It should also be noted that in each case there is a legal advisor behind the bench, with the magistrates, who provides the legal standing, definitions and advice to them. The advisor also assists in the drafting of the order.

District Judges, as far as I am aware, are usually experienced and skilled barristers who have taken on the appointment of full time District Judge. Again, criteria must be met to qualify. In addition barristers can act as Deputy District Judges, which means they sit as District Judges part time and hear cases on something like around 1-2 days a month, in addition to their full time profession as counsel. Full time District Judges, as indeed any higher judge, can not act as counsel.

Hope this helps