Page 142 - Magistrates Conference 2019

reasons and each of the sub-point under each supporting reason. Do this until you
have laid out every sub-point in the document. Along the way include any case,

statute, regulation or other evidence that pertains to a particular supporting reason or it
sub-points.

Giving an effective statement of reasons

A magistrate should follow the qualities for effective communication when writing reasons.
These are;

1. Clarity - A magistrate should be clear and coherent in his writing. To achieve clarity
the magistrate should address one point at a time or one reason at a time, thus

emphasizing the supporting evidence and facts for this particular reason. The
magistrate should avoid ambiguities and confusion in his writing and try to be as clear

and comprehensible as possible.

2. Simplicity - the magistrate should use simple sentences with the subject and noun
clearly identifiable and not separated by ancillary matters. The magistrate should

avoid using vague language and complex terminology when writing his reasons. He

should not go into lengthy or complex facts and laws but try to summarize and clarify
them. The magistrate is not required to give extremely detailed reasons to address

every single argument submitted during the course of the hearing but he should give

enough detail regarding the principles and basis on which the he acted upon when
making his decision in the case.

3. Brevity - a magistrate should keep paragraphs and sentences as short as possible while

avoiding repetition and unnecessary words. A magistrate should only discuss a
particular matter or point that serves a clear purpose particularly matters that assist in

effectively communicating his reasons for his decision. A magistrate should not
import and state what another judge said in his judgment unless it is vital to his

reasons neither should he/she recite one counsel’s argument and not clearly adopt it.

The magistrate should not ramble an opinion which describes many cases on a

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