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Cap. 17 CHAPTER 17 JUDICATURE

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Cap. 17 CHAPTER 17 JUDICATURE JUDICATURE [Cap. 17 CHAPTER 17 JUDICATURE Acts AN ACT TO PROVIDE FOR THE ESTABLISHMENT AND CONSTITUTION OF A SYSTEM OF Nos. 2 of 1978, COURTS OF FIRST INSTANCE IN TERMS OF ARTICLE'IOS (i) OF THE CONSTITUTION, 37 of 1979. TO DEFINE THE JURISDICTION OF AND TO REGULATE THE PROCEDURE IN AND BEFORE SUCH COURTS, AND TO PROVIDE FOR MATTERS CONNECTED WITH OR INCIDENTAL TO THE MATTERS AFORESAID. [2nd July, 1979.] Short title. 1. This Act may be cited as the " sixteen Judges each of whom shall be known Judicature Act. as a " Judge of the High Court" CHAPTER I 5. (1) There shall be in each judicial District Courts, COURTS AND THEIR TERRITORIAL LIMITS district of Sri Lanka a "District Court" and a M^stS?' The Courts of 2. The Courts of First Instance for the "Family Court" and in every judicial division Courts, and First Instance. administration of justice in the Republic of there shall be a "Magistrate's Court" and a Primary Sri Lanka shall be- "Primary Court" and each such court shall be Courts holden by and before one person to be called (a) the High Court of the Republic of Sri the "District Judge", "Judge of the Family Lanka; Court", "Magistrate" and "Judge of the (b) the District Courts; Primary Court", respectively. (c) the Family Courts; (d) the Magistrates' Courts; (2) Where a Judge of a Family Court of (e) the Primary Courts. any judicial district is not appointed, the District Judge of the judicial district shall Division of Sri 3. For the purpose of the administration function as the Judge of the Family Court of Lanka for of justice Sri Lanka shall be divided into that judicial district and shall be deemed for judicial purposes. judicial zones, judicial districts and judicial all purposes to be the Judge of the Family divisions within such territorial limits as may Court of that judicial district and shall in consultation with the Chief Justice and the exercise all the powers and jurisdiction President of the Court of Appeal from time to vested in the Family Court. time be determined by the Minister by (3) Each court referred to in subsection Order published in the Gazette : (1) may. be held at such convenient place or places within such judicial district or division, Provided that the judicial zones, districts as the case may be, as the Minister shall by and divisions and their respective territorial regulation from time to time appoint: limits as were in existence on the day preceding the date on which the provisions of Provided that nothing in this section shall this section are brought into operation * shall be construed to restrict or curtail the power continue to be the zones, districts and possessed by every Judge to hold court at any divisions and their respective territorial limits convenient place within his territorial under this Act until such Order of the jurisdiction. Minister is published in the Gazette. CHAPTER II 6. (1) All District Judges, Judges of the Appointment ESTABLISHMENT OF THE COURTS OF FIRST Family Courts, Magistrates and Judges of and retirement INSTANCE of Judges. the Primary Courts and all such Additional Composition of 4. The High Court of the Republic of Sri Judges and Magistrates of such courts shall the High Lanka shall be a court of record and shall Court. be appointed to their offices by the Judicial consist of not less than ten and hot more than Service Commission. * 1st Julv. 1979 1/157 Cap. 17] JUDICATURE (2) Every person appointed to be or to act (b) any offence committed by any person as a Judge or Magistrate, as the case may be, on or over the territorial waters of of a Court of First Instance shall before he Sri Lanka; enters upon his office take and subscribe or make and subscribe the oath or affirmation of (c) any offence committed by any person office prescribed in the First Schedule hereto. in the air space of Sri Lanka ; (d) any offence committed by any person (3) The age of retirement of a Judge of the on the high seas where such offence High Court shall be sixty-one years. is piracy by the law of nations ; (4) The age of retirement of all other (e) any offence wherever committed by Judges and Magistrates shall be as provided any person on board or in relation to by rules made under the Public and Judicial any ship or any aircraft of whatever Officers (Retirement) Ordinance. category registered in Sri Lanka ; or Salaries of the 7. The salaries of the Judges of the High (/) any offence wherever committed by Judges of the Court shall be charged on the Consolidated any person, who is a citizen of Sri High Court. Fund. Lanka, in any place outside the territory of Sri Lanka orVon board or in relation to any ship or aircraft Appointment of 8. (1) The Judicial Service Commission of whatever category. additional may appoint as many additional District Judges, &c. Judges, Judges of the Family Court, (2) The jurisdiction of the High Court Magistrates or Judges of the Primary Court shall subject to the provisions of any other to the same District Court, Family Court, law- Magistrate's Court, and Primary Court (a) in respect of any offence committed respectively as the occasion may require. wholly or partly in Sri Lanka referred to in paragraph (a) of (2) Every Additional District Judge, subsection (1), be ordinarily Judge of the Family Court, Magistrate, or exercised by the High Court holden Judge of the Primary Court, appointed to any in a judicial zone within which such such court, shall sit separately and exercise offence was wholly or partly all the powers or jurisdiction vested in the committed; District Court, Family Court, Magistrate's Court and Primary Court, respectively, of (b) in respect of any offence committed in that district or division, as the case may be, any place referred to in paragraphs for which such Additional District Judge, (b) to (/) of subsection (1) shall be Judge of the Family Court, Magistrate or exercised by the High Court holden Judge of the Primary Court, is so appointed. in the judicial zone nominated by the President of the Court of Appeal by a direction in writing under his hand : CHAPTER III Provided that the President of the Court of Appeal may, if he deems THE HIGH COURT OF THE REPUBLIC OF fit, direct by writing under his hand SRI LANKA that the High Court holden in any zone nominated by him shall hear Criminal 9. (1) The High Court shall ordinarily and determine any offence referred jurisdiction. have the power and authority and is hereby to in paragraph (a) would required to hear, try and determine in the ordinarily have been heard and manner provided for by written law all determined by the High Court prosecutions on indictment instituted therein holden in any other judicial zone. against any person in respect of- 10. The Judges of the High Court may Sentence (a) any offence wholly or partly impose any sentence or other penalty committed in Sri Lanka ; prescribed by written law. 1/158 JUDICATURE [Cap. 17 Trial by jury 11. (1) Trial in the High Court shall be (3) (a) Any person who is dissatisfied and other trials j j j by ury before a udge of tne H gh Court with any final judgment given in the exercise where- of Admiralty jurisdiction may prefer an appeal to the Court of Appeal against such (a) at least one of the charges is for an judgment for any error in fact or in law. offence referred to in the Second Schedule hereto; or (b) Any person who is dissatisfied with any order made in the exercise of Admiralty {b) the Attorney-General in any other case jurisdiction may appeal against such order to so determines in accordance with the Court of Appeal for the correction of any the law for the time being. error in fact or in law with the leave of the Court of Appeal first had and obtained. (2) All other trials shall be before a Judge of the High Court sitting alone without a (c) Every appeal to the Court of Appeal •jury. and every application for leave to appeal shall be made as nearly as may be in accordance Trials at Bar. 12. (1) Notwithstanding anything to with the procedure prescribed by the Civil the contrary in this Act or any other written Procedure Code. law, trials at Bar shall be held by the High Court in accordance with the law for the time 14. Any person who stands convicted of Right of appeal being in force for offences punishable under in any offence by the High Court may appeal criminal the Penal Code and other laws. therefrom to the Court of Appeal- (2) The Chief Justice shall nominate a (a) in a case tried with a jury- Bench of three Judges of the High Court naming one of them as the Chairman and (i) against his conviction on any also specifying the zone where such trial shall ground which involves a be held: question of law alone; or Provided that the Chief Justice shall not by (ii) against his conviction on any reason of the fact that he has made an order ground which involves a under this subsection be disqualified or question of fact alone, or a precluded from hearing any appeal to the question of mixed law and Supreme Court in any matter which is the fact; or subject of a direction made by him under (iii) with the leave of the Court of this subsection.
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