Magistrate's Courts of Sri Lanka

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The Magistrate's Courts in Sri Lanka is a lower court headed by a Magistrate who is vested with original criminal jurisdiction. [1]

Sri Lanka Island country in South Asia

Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka, is an island country in South Asia, located in the Indian Ocean to the southwest of the Bay of Bengal and to the southeast of the Arabian Sea. The island is geographically separated from the Indian subcontinent by the Gulf of Mannar and the Palk Strait. The legislative capital, Sri Jayawardenepura Kotte, is a suburb of the commercial capital and largest city, Colombo.

A lower court is a court from which an appeal may be taken. In relation to an appeal from one court to another, the lower court is the court whose decision is being reviewed, which may be the original trial court or appellate court lower in rank than the superior court which is hearing the appeal.

Magistrate Officer of the state, usually judge

The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions, magistrates may be volunteers without formal legal training who perform a judicial role with regard to minor matters.

Contents

Jurisdiction

Originally known as Police Magistrate's Courts, current Magistrate's Courts are established under the Judicature Act, No. 2 of 1978 to each judicial division in Sri Lanka. The Minister in charge of the subject of Justice in consultation with the Chief Justice and the President of the Court of Appeal would define the territorial limits of each judicial division. At present there are 72 judicial divisions in Sri Lanka. [2]

Minister of Justice (Sri Lanka) Justice Minister in Sri Lanka

The Minister of Justice is an appointment in the Cabinet of Sri Lanka.

The Chief Justice of the Democratic Socialist Republic of Sri Lanka is the head of the judiciary of Sri Lanka and the Supreme Court of Sri Lanka. Established in 1801, the Chief Justice is one of ten Supreme Court justices; the other nine are the Puisne Justices of the Supreme Court of Sri Lanka. The post was created in 1801. The Chief Justice is nominated by the Constitutional Council, and appointed by the President. The first Chief Justice was Codrington Edmund Carrington. The 47th and current Chief Justice is Jayantha Jayasuriya.

Court of Appeal of Sri Lanka, commonly known as the Appeal Court, is the second most senior court in the Sri Lankan legal system, with only the Supreme Court of Sri Lanka above it. Established in 1971, under the Court of Appeal Act No. 44 of 1971 the Appeal Court has jurisdiction to hear appeals from the High Court or any lower court, while its own decisions may be additionally appealed to the Supreme Court. The Appeal Court his headed by the President of the Court of Appeal.

It has jurisdiction of;

Every Magistrate's Court is vested with original criminal jurisdiction (other than in respect of offences upon indictment in the High Court), and is ordinarily empowered to impose sentences up to a fine of Rs. 1,500 and/or 2 years rigorous/simple imprisonment unless power is vested in the Magistrate's Court to impose higher penalties by special provision. Appeals from convictions, sentences or orders of Magistrate's Courts within a Province lie to the High Court of the Province. In judicial divisions which does not have Primary Courts, Magistrate's Courts exercise the jurisdiction of the Primary Courts.

The Primary Courts in Sri Lanka is a lower court and are the courts of first instance. There are seven Primary Courts, located in Anamaduwa, Angunukolapelessa, Kandy, Mallakam, Pilessa, Wellawaya and Wennappuwa. In the other divisions, the Magistrate's Courts exercise the jurisdiction of the Primary Courts. The Primary Courts have criminal and civil Jurisdiction.

Appointment and removal of Magistrates

All Magistrates are appointed by the Judicial Service Commission, which has power of dismissal and disciplinary control of the Magistrates. Additional Magistrates would be appointed to a Magistrate's Court. Magistrates would be seconded to Municipal Magistrate Courts. The Chief Magistrates Court in Colombo is the senior of the Magistrates Courts in the judicial division of Colombo. [3]

The Judicial Service Commission (JSC) of Sri Lanka is established under Article 112 of the Constitution of Sri Lanka. The first commission was established in 1947.

Colombo Commercial Capital in Western Province, Sri Lanka

Colombo is the commercial capital and largest city of Sri Lanka by population. According to the Brookings Institution, Colombo metropolitan area has a population of 5.6 million, and 752,993 in the city proper. It is the financial centre of the island and a popular tourist destination. It is located on the west coast of the island and adjacent to the Greater Colombo area which includes Sri Jayawardenepura Kotte, the legislative capital of Sri Lanka and Dehiwala-Mount Lavinia. Colombo is often referred to as the capital since Sri Jayawardenepura Kotte is within the urban area of, and a suburb of, Colombo. It is also the administrative capital of the Western Province and the district capital of Colombo District. Colombo is a busy and vibrant place with a mixture of modern life and colonial buildings and ruins.

Unofficial magistrates

In remote areas where there are only one Magistrate and/or Additional Magistrate, unofficial magistrates (known as Acting Magistrates) would be appointed to site on behalf of the magistrate in his/her absence and postpone hearings to a later date.

In Sri Lanka, a Justice of the Peace and Unofficial magistrate is an judicial appointment made by the Minister of Justice to a particular jurisdiction under the Judicature Act No 02 of 1978. An Unofficial magistrate is a senior Attorney at law, who is a Justice of the Peace and has the powers and authority vested in a Magistrate except the power to hear, try, or determine civil or criminal cases. Persons appointed as Unofficial magistrates may use the post-nominal JP, UM.

List of Magistrate's Court

See also

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The High Court in Sri Lanka is the only court which exercises the jurisdiction of the court of first instance and the appellate jurisdiction with both civil and criminal jurisdiction.

The District Courts in Sri Lanka are lower courts headed by a District Judge who is vested with original civil jurisdiction. In metropolitan areas such as Colombo there are multiple District Courts in one location.

References

  1. Judicial Hierarchy
  2. "COURTS OF LAW IN SRI LANKA".
  3. Judicial Service Commission Secretariat