Halakhah for Makkot 31:2

ותרוייהו אליבא דרבי יהודה דתניא (שמות יב, י) ולא תותירו ממנו עד בקר והנותר ממנו עד בקר וגו' בא הכתוב ליתן עשה אחר לא תעשה לומר שאין לוקין עליו דברי רבי יהודה ר' יוחנן דייק הכי טעמא דבא הכתוב הא לא בא הכתוב לוקה אלמא התראת ספק שמה התראה

And they both derive their views from [the same statement] of Rebbi Yehudah. For It was taught in a barasia, (Exodus 12, 10) "And do not leave anything over until morning. And anything leftover until morning [must be burned in fire] etc." the Torah comes to give a positive commandment following a negative commandment to teach that he is not liable to malkus. These are the words of Rebbi Yehudah. Rebbi Yochanon expounds thus, the reason [Rebbi Yehudah says that he isn't flogged] is because the Torah comes [with a remedial positive commandment], but if the Torah would not have came then he would be flogged. We therefore see that a questionable warning constitutes as a valid warning.

Sefer HaChinukh

And this commandment to administer the laws of those that do magic is practiced by males - since it is fitting [for] and it was given to them to administer justice - and not females. And [this is] specifically in the Land of Israel with ordained judges and in a court of twenty three [judges]. And a court that transgresses - it if it has the power to administer justice - has violated this negative commandment, besides that it violated the positive commandment, which is more generally to administer justice against those that are liable. And there are no lashes for this, as there is no act [involved] with it. And we do not give lashes for any negative commandment with which no act is involved - except for one who takes an oath, a rebel, and one who curses his fellow with the name [of God] (Makkot 16a).

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