The Judiciary of Sri Lanka are the civil and criminal courts responsible for the administration of justice in Sri Lanka. The Constitution of Sri Lanka defines courts as independent institutions within the traditional framework of checks and balances. They apply Sri Lankan Law which is an amalgam of English common law, Roman-Dutch civil law and Customary Law; and are established under the Judicature Act No 02 of 1978 of the Parliament of Sri Lanka.
The judiciary consist of the Supreme Court, the Court of Appeal, the High Court, district court (Sri Lanka)s, magistrate's court (Sri Lanka)s, and primary courts. Although provisions are there for trials for serious offences to be held before a jury, at present all cases are heard before professional judges.
Introduction
The current system of courts is defined by the Judicature Act No 02 of 1978. However, the modern form of the European form of justice originated during the Dutch colonial occupation of the coastal areas of Sri Lanka in the nineteenth century. Local forms of civil and criminal law as well as a system of courts, existed for centuries prior to the European colonization.
Courts
Supreme Court
The Supreme Court of Sri Lanka is the highest judicial instance and final court of appeal. It is composed of the Chief Justice and not less than six and not more than 17 Puisne Justices. Judges are appointed by the President with the nomination of the Parliamentary Council and serve for a lifetime period (65). The Supreme Court is the final appellate Court and has jurisdiction in constitutional.
Court of Appeal
The Court of Appeal hears all appeals from the High Court and courts of first instance. The court is composed of the President of the Court and not less than six and not more than twenty other Judges.
High Court
The High Court is the only court in the island which exercises the jurisdiction of the court of first instance and the appellate jurisdiction with both civil and criminal jurisdiction.
District courts
District Courts are lower courts, headed by a District Judge who is vested with original civil jurisdiction.
First instance courts
Magistrate's courts
Magistrate's courts are lower court headed by a Magistrate who is vested with original criminal 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 districts in Sri Lanka.[2]
It has jurisdiction of; criminal cases filed under the penal code and other laws within its jurisdiction. First mortem examinations. Post mortem examinations. Issue of warrants of judicial orders to arrest and produce suspected persons. Issue of search warrants. Ordering persons to enter into bonds of good conduct and preventive jurisdiction on public nuisance.
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.
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.
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.
