COMMERCIAL LAW

THE STRUCTURE OF THE

COURTS IN GHANA
Outline
 INTRODUCTION
 COURT STRUCTURE UNDER THE FOURTH
REPUBLIC
 Superior courts
 Lower courts
 JURISDICTION – THE SUPERIOR COURTS OF
JUDICATURE
 JURISDICTION – LOWER COURTS
 JUDICIAL REVIEW AND PREROGATIVE
ORDERS
 INTRODUCTION
 The structure and hierarchy or the courts in Ghana have at any
given time depended largely on the will of the political
authority of the day.
 Almost every government of this country has in one way or

the other interfered with the structure and hierarchy of the

courts.
 the courts in Ghana are divided into two groups:
the ‘Superior courts’ and the
‘inferior courts’ – now known as the lower courts
 The hierarchy and the jurisdictions of the various courts in
Ghana is explained in the next slides.
 COURT STRUCTURE UNDER THE FOURTH REPUBLIC

 The Fourth Republic was ushered in by the 1992 Constitution which

introduced very dramatic changes to the structure and hierarchy of the
two main adjudicating bodies in the country.
 First, the 1992 Constitution abolished the public tribunals which had
been set up under previous Military regimes but did not alter the
Supreme Court, the Court of Appeal and the High Court.
 It also created the Regional Tribunal whose Chairman was equated to
that of a High Court Judge with respect to qualifications.
 The Courts Act 1993 (Act 459) was enacted pursuant to this article and
it established the circuit tribunal and vested it with the entire criminal
jurisdiction of the circuit court.
 With the enactment of Act 459, the circuit court has now civil
jurisdiction only.
 COURT STRUCTURE UNDER THE FOURTH REPUBLIC

 Act 459 also established the community tribunals which

replaced the district courts grades I and II of their sub-divisions.
 However, even before it became fully operational, Act 459 was

amended by Act 464 which empowered the circuit courts to

have and exercise the jurisdiction of the circuit tribunal under
section 44(1) and (2) of Act 459 in addition to its jurisdiction in
civil matters.
 Act 464 similarly empowered the district court grade I in

existence immediately before coming into force of Act 459 to

have and to exercise the jurisdiction of the community tribunals
under sections 47 and 48 of Act 459.
 COURT STRUCTURE UNDER THE FOURTH REPUBLIC

 Hence the district courts grade I are still in existence and before
the assent of Act 620 the lower courts and tribunals as established
under Act 459 as amended by Act 464 thus comprised;
 The Circuit Courts
 The Circuit tribunals and
 The community tribunals
 However Act 620 changed it all. It repealed Act 464. It was an Act
passed and assented to on 13th April 2002 to amend the Courts Act,
1993 (Act 459) to abolish the Circuit Tribunals; to replace the
Community Tribunals with District Courts; to clarify the
provisions which relate to the offer of compensation or restitution;
to revise levels of jurisdiction of the Circuit and District Courts
and to provide for purposes related to these.
 COURT STRUCTURE UNDER THE FOURTH REPUBLIC

 Section 39 Act 620 defines the following as

comprising the Lower courts of Ghana.
Circuit Courts
District Courts
Juvenile Courts
The national House of Chiefs, Regional Houses of Chiefs
and every Traditional Council, in respect of the jurisdiction
of any such House or Council to adjudicate over any cause
or matter affecting chieftaincy; and
Such other lower courts as Parliament may by law establish
 Legal basis for the court’s structure in
Ghana
Article 126 of the 1992 constitution provides as
follows:
126. (1) The Judiciary shall consist of –
a. The Superior courts of Judicature comprising -
 The Supreme Court
 The Court of Appeal.
 The High Court and Regional Tribunal
b. Such Lower Courts or tribunals as Parliament by
law establish.
 Legal basis for the court’s structure in
Ghana
Article 126 1) (a) defines the Superior
Courts which include the following:
The Supreme court – Articles 128- 135
The Court of Appeal – Articles 136-138
The High Court - Articles 139-141 and
Regional Tribunals – Articles 142-143
 Legal basis for the court’s structure in
Ghana
The following are by this Act established as the lower
courts of the country:
Circuit Courts
District Courts
Juvenile Courts
The National House of Chiefs, Regional House of Chiefs
and every Traditional Council or the Judicial Committee of
any such house or council to adjudicate over any cause or
matter affecting Chieftaincy and;
Any other lower courts as Parliament may by law establish
THE SUPREME COURT
 The Supreme Court is the highest court and final
appellate court of the land.
 The court, inter alia, hears appeals from the court

of appeal and the judicial committee of the

national house of chiefs on chieftaincy matters.
 It also has original jurisdiction in constitutional

issues as spelt out in article 130 of the 1992

Constitution.
 Its composition, jurisdiction and powers are

detailed out in articles 128 to 135 of the

Constitution as well as in Act 459, sections 1 – 9.
 THE SUPREME COURT
COMPOSITION: The Composition of the Supreme Court and Qualification
of its Justices is provided for in Article 128 of the 1992 Constitution –
 The Supreme Court shall consist of the Chief Justice and not less than nine

other Justices of the Supreme Court

 The Supreme Court shall be duly constituted for its work by not less than

five Supreme Court Justices except as otherwise provided in Article 133 of

this Constitution
 The Chief Justice shall preside at sittings of the Supreme Court and in his

absence the most senior of the Justices of the Supreme Court as constituted
shall preside
 A person shall not be qualified for appointment as a Justice of the Supreme

Court unless he is of high moral character and proven integrity and is of not
less than fifteen years standing as a lawyer
 THE SUPREME COURT
JURISDICTION – The power given to a Court to hear and determine
a case
 Articles 129 – 135 defines what constitutes the various Jurisdictions

of the Supreme Court of Ghana and Sections 2 –9 of the Courts Act

1993 (Act 459) also provides in similar terms as follows:
 General Jurisdiction
 Original Jurisdiction

 Appellate Jurisdiction
 Supervisory Jurisdiction
 Review Jurisdiction
 Single Judge Jurisdiction
 Production of Official Documents in court
 THE SUPREME COURT - GENERAL
JURISDICTION
 The Supreme Court shall be the final court of appeal and shall have such appellate and
other jurisdiction as may be conferred on it by this Constitution or by any other law.

 The Supreme Court shall not be bound to follow the decisions of any other court.

 The Supreme Court may, while treating its own previous decisions as normally binding,
depart from a previous decision when it appears to it right to do so; and all other courts
shall be bound to follow the decisions of the Supreme Court on questions of law.

 For the purposes of hearing and determining a matter within its jurisdiction and the
amendment, execution or the enforcement of a judgment or order made on any matter,
and for the purposes of any other authority, expressly or by necessary implication given
to the Supreme Court by this Constitution or any other law, the Supreme Court shall have
all the powers, authority and Jurisdiction vested in any court established by this
Constitution or any other law.
 THE SUPREME COURT
ORIGINAL JURISDICTIOJN
 (1) Subject to the jurisdiction of the High Court in the enforcement of the

Fundamental Human Rights and Freedoms as provided in article 33 of this

Constitution, the Supreme Court shall have exclusive original jurisdiction in -
 (a) all matters relating to the enforcement or interpretation of this Constitution; and
 (b) all matters arising as to whether an enactment was made in excess of the powers
conferred on Parliament or any other authority or person by law or under this
Constitution.
 (2) Where an issue that relates to a matter or question referred to in clause (1)
of this article arises in any proceedings in a court other than the Supreme
Court, that court shall stay the proceedings and refer the question of law
involved to the Supreme Court for determination; and the court in which the
question arose shall dispose of the case in accordance with the decision of the
Supreme Court.
 THE SUPREME COURT
APPELLATE JURISDICTION
 (1) An appeal shall lie from a judgment of the Court of Appeal to the Supreme Court-
 (a) as of right in a civil or criminal cause or matter in respect of which an appeal has been brought to
the Court of Appeal from a judgment of the High Court or a Regional Tribunal in the exercise of its
original jurisdiction; or
 (b) With the leave of the Court of Appeal, in any other cause or matter, where the case was
commenced in a court lower than the High Court or a Regional Tribunal and where the Court of
Appeal is satisfied that the case involves a substantial question of law or is in the public interest.
 (2) Notwithstanding clause (1) of this article, the Supreme Court may entertain
application for special leave to appeal to the Supreme Court in any cause or matter, civil
or criminal, and may grant leave accordingly.
 (3) The Supreme Court shall have appellate jurisdiction, to the exclusion of the Court of
Appeal, to determine matters relating to the conviction or otherwise of a person for high
treason or treason by the High Court.
 (4) An appeal from a decision of the Judicial Committee of the National House of Chiefs
shall lie to the Supreme Court with the leave of that Judicial Committee or the Supreme
Court.
 THE SUPREME COURT
SUPERVISORY JURISDICTION
 The Supreme Court shall have supervisory

jurisdiction over all courts and over any

adjudicating authority and may, in the exercise
of that supervisory jurisdiction, issue orders
and directions for the purpose of enforcing or
securing the enforcement of its supervisory
power.
 THE SUPREME COURT
REVIEW JURISDICTION
 (1) The Supreme Court may review any

decision made or given by it on such grounds

and subject to such conditions as may be
prescribed by rules of court.
 (2) The Supreme Court, when reviewing its

decisions under this article, shall be constituted

by not less than seven Justices of the Supreme
Court.
 THE SUPREME COURT
SINGLE JUSTICE JURISDICTION
 A single Justice of the Supreme Court may exercise power vested

in the Supreme Court not involving the decision of the cause or

matter before the Supreme Court, except that -
 (a) in criminal matters, where that Justice refuses or grants an

application in the exercise of any such power, a person affected by

it is entitled to have the application determined by the Supreme
Court constituted by three Justices of the Supreme Court and
 (b) in civil matters, any order, direction or decision made or given

under this article may be varied, discharged or reversed by the

Supreme Court constituted by three Justices of the Supreme Court.
 THE SUPREME COURT
PRODUCTION OF OFFICIAL DOCUMENTS IN COURT
 (1) The Supreme Court shall have exclusive jurisdiction to determine

whether an official document shall not be produced in court because its

production or the disclosure of its contents will be prejudicial to the
security of the State or will be injurious to the public interest.
 (2) Where any issue referred to in clause (1) of this article arises as to

the production or otherwise of an official document in any proceedings

before any court, other than the Supreme Court, the proceedings in that
other court shall be suspended while the Supreme Court examines the
document and determines whether the document should be produced or
not; and the Supreme Court shall make the appropriate order.
 (3) The proceedings of the Supreme Court as to whether an official

document may be produced shall be held in camera.

 THE SUPREME COURT
Section 9 of the Courts Act 1993 (Act 459) provides similar terms as above
as well as the following function of Supreme Court Relating to the
Prerogative of Mercy.
 Section 9: Where a person has been convicted or sentenced for an
offence by  a court established under this Act and a petition is presented
to the  President for the grant of the prerogative of mercy in respect of
the  conviction or sentence, the President may, except in the case of 
sentence of death—
 (a) refer the whole case to the Supreme Court and the case  shall then be heard and
determined by that Court as in the  case of an appeal by a person convicted; or
 (b) if the President desires the assistance of the Supreme Court on any point arising
in the case with a view to the determination of the petition, refer that point to that
Court for its opinion and the Supreme Court shall consider the point referred and
furnish the President with its opinion.
 THE COURT OF APPEAL
COMPOSITION
The Composition of the Court of Appeal and Qualification of its Justices is provided for in Article 136 – 138
of the 192 Constitution and Section 10 of the Courts Act 1993 (Act 459)
136.
(1) The Court of Appeal shall consist of -
 a) The Chief Justice;

 (b) Subject to clauses (2) and (3) of this article, not less than ten Justices of the Court of Appeal; and

 (c) Such other Justices of the Superior Court of Judicature as the Chief Justice may, for the determination

of a particular cause or matter by writing signed by him, request to sit in the Court of Appeal for any
specified period.
(2) The Court of Appeal shall be duly constituted by any three of the Justices referred to in clause (1) of this
article and when so constituted, the most senior of the justices shall preside.
(3) A person shall not be qualified for appointment as a Justice of the Court of Appeal unless he is of high
moral character and proven integrity and is of not less than twelve years' standing as a lawyer.
(4) The Chief Justice may create such divisions of the Court of Appeal as he considers necessary to sit in such
places as he may determine.
(5) Subject to clause (3) of article 129 of this Constitution, the Court of Appeal shall be bound by its own
previous decisions; and all courts lower than the Court of Appeal shall follow the decisions of the Court of
Appeal on questions of law.
 THE COURT OF APPEAL
JURISDICTION - Article 137 and 138 defines the Jurisdiction of the Court
of Appeal and that of a Single Justice of the Court of Appeal respectively.
The Court of Appeal has only Appellate Jurisdiction and that of a Single
Justice is limited when determining issues of a substantive nature. Similar
provisions are to be found in sections 11 and 12 of the Courts Act1993 (Act
459)
 137. (1) The Court of Appeal shall have jurisdiction throughout Ghana to

hear and determine, subject to the provisions of this Constitution, appeals

from a judgment, decree or order of the High Court and Regional Tribunals
and such other appellate jurisdiction as may be conferred on it by this
Constitution or any other law.
 (2) Except as otherwise provided in this Constitution, an appeal shall lie as

of right from a judgment, decree or order of the High Court and a Regional
Tribunal to the Court of Appeal.
 THE COURT OF APPEAL
 (3) For the purposes of hearing and determining an appeal within its
jurisdiction and the amendment, execution or the enforcement of a
judgment or order made on any appeal, and, for the purposes of any
other authority expressly or by necessary implication given to the Court
of Appeal by this Constitution or any other law, the Court of Appeal shall
have all the powers, authority and jurisdiction vested in the court from
which the appeal is brought.
 138. A single Justice of the Court of Appeal may exercise a power
vested in the Court of Appeal not involving the decision of a cause or
matter before the Court of Appeal, except that -
 in criminal matters, where that Justice refuses or grants an application in
the exercise of any such power conferred by this article, may be varied,
discharged or reversed by the Court of Appeal as duly constituted.
 THE HIGH COURT

COMPOSITION: Article 139 of the 1992 Constitution and

Section 14 of The Courts Act (Act 459) defines the composition
of the High Court and the qualification of its Justices
Article 139 - (1) The High Court shall consist of -
 (a) The Chief Justice

 (b) Not less than twenty Justices of the High Court; and

 (c) Such other Justice of the Superior Court of Judicature as

the Chief Justice may, by writing signed by him, request to sit

as High Court Justice for any period.
 THE HIGH COURT
(2) The High Court shall be constituted -
 (a) By a single Justice of the Court; or
 (b) By a single Justice of the Court and jury; or

 (c) By a single Justice of the Court with assessors; or

 (d) by three Justices of the Court for the trial of the offence of high

treason or treason as required by article 19 of this Constitution.

(3) There shall be in the High Court such divisions consisting of such
number of Justice respectively as the Chief Justice may determine.
(4) A person shall not be qualified for appointment as a Justice of the
High Court unless he is a person of high moral character and proven
integrity and is of at least ten years' standing as a lawyer.
 THE HIGH COURT
JUISDICTION: Article 140 and 141 of the 1992 Constitution describes
the jurisdiction of the high court
 (1) The High Court shall, subject to the provisions of this

Constitution, have jurisdiction in all matters and in particular, in civil

and criminal matters and such original, appellate and other
jurisdiction as may be conferred on it by this Constitution or any other
law.
 (2) The High Court shall have jurisdiction to enforce the Fundamental

Human Rights and Freedoms guaranteed by this Constitution.

 (3) The High Court shall have no power, in a trial for the offence of

high treason or treason, to convict any person for an offence other

than treason or treason.
 THE HIGH COURT
 (4) A Justice of the High Court may, in accordance with rules
of court, exercise in court or in chambers, all or any of the
jurisdictions vested in the High Court by this Constitution or
any other law.
 (5) For the purposes of hearing and determining an appeal

within its jurisdiction and the amendment, execution or the

enforcement of a judgment or order made on any appeal, and
for the purposes of any other authority, expressly or by
necessary implication given to the High Court by this
Constitution or any other law, the High Court shall have all the
powers, authority and jurisdiction vested in the Court from
which the appeal is brought.
 THE HIGH COURT
SUPERVISORY JURISDICTION
 The High Court shall have supervisory jurisdiction over all lower courts and any lower

adjudicating authority; and May, in the exercise of that jurisdiction, issue orders and
directions for the purpose of enforcing or securing the enforcement of its supervisory powers
 Sections 15 to 22 of Act 459 makes detailed provisions regarding the jurisdiction of the High

Court: Section 15 as amended by Act 620

 Section 15—Jurisdiction of High Court as amended by Section 2 of Act 620

 15. (1) Subject to the provisions of the Constitution, the High Court shall have-
 (a)  an original jurisdiction in all matters;
   (b) appellate jurisdiction in a judgment of the Circuit Court in the trial of a criminal case;
(c) appellate jurisdiction in any judgment of a District Court or Juvenile Court;
(d) jurisdiction to enforce the Fundamental Human Rights and Freedoms guaranteed by the
Constitution; and
(e) any other jurisdiction conferred by the Constitution, this Act or any other enactment.
 THE HIGH COURT
 (2) for the purposes of paragraph (c) of subsection (1), an
order requiring a person to enter into a recognizance is a
sentence.
 (3) The High Court shall have no power, in a trial for the

offence of high treason or treason, to convict any person for an

offence other than high treason or treason.
 (4) A Justice of the High Court may, in accordance with rules

of court, exercise in court or in chambers, all or any of the

jurisdiction vested in the High Court by the Constitution, this
Act or any other law.
 THE HIGH COURT
 Section 16 - Supervisory Jurisdiction of the High Court
 Section 17—High Court Jurisdiction Over Acts of Piracy.

 Section 18—High Court Jurisdiction in Relation to Infants.

 Section 19—High Court Jurisdiction in Relation to Persons of

Unsound Mind.
 Section 20—High Court Jurisdiction in Maritime Matters.

 Section 21—Rights of Appeal to the High Court

 Section 22—High Court Masters

 REGIONAL TRIBUNAL

COMPOSITION: Article 142 of

the 1992 Constitution provides for
the composition of the Regional
Tribunals and the qualifications of
its Justices. Section 23 of Act 45
also has similar provisions
 REGIONAL TRIBUNAL

142. Composition and qualification of its Justices

 (1) There shall be established in each region of Ghana such Regional Tribunals

as the chief Justice may determine.

 (2) A Regional Tribunal shall consist of -
 (a) the Chief Justice;
 (b) one Chairman; and
 (c) such members who may or may not be lawyers as shall designated by the Chief Justice
to sit as panel members of a Regional Tribunal and for such period as shall be specified in
writing by the Chief Justice.
 (3) A Region Tribunal shall be duly constituted by a panel consisting of the
Chairman and not less than two other panel members.
 (4) A person shall not be appointed to be a Chairman of a Regional Tribunal
unless he is qualified to be appointed a Justice of the High Court.
 (5) A panel member of a Regional Tribunal shall be a person of high moral
character and proven integrity.
 REGIONAL TRIBUNAL

JURISDICTION: Article 143 defines the Jurisdiction of the Regional Tribunals as

well as Section 24 of Act 459 as amended by Section 8 (2) of Act 620
 Article 143 Jurisdiction of the Regional Tribunal

 (1) A Regional Tribunal shall have jurisdiction to try such offences against the

State and the public interest as Parliament may, by law, prescribe.

 (2) A Regional Tribunal shall have such appellate jurisdiction relating to the

matters described in clause (1) of this article, as may be prescribed by law.

 (3) For the purpose of hearing and determining an appeal within its jurisdiction

and the amendment, execution or enforcement of a judgment or order on any

appeal, and for the purposes of any other authority expressly or by necessary
implication given to it by this Constitution or any other law, a Regional Tribunal
shall have all the powers, authority and jurisdiction vested in the tribunal from
which the appeal is brought.
 Appointment, retirement and removal of Justices of Superior Courts and

chairmen and other members of Regional Tribunals

 REGIONAL TRIBUNAL

Section 24—Original and Appellate Jurisdiction of Regional Tribunal

(1) Subject to the provisions of the Constitution, this Act and any other law, a
Regional Tribunal shall have concurrent original jurisdiction with the High Court in
all criminal matters and shall in particular try—
 (a) the special offences specified under Chapter 4 of Part III of the Criminal Code

1960 (Act 29);

 (b) offences arising under—

 (i) Customs, Excise and Preventive Services Management Law, 1993 (P.N.D.C.L. 330);
 (ii) Income Tax Decree, 1975 (S.M.C.D 5);
 (iii) Narcotic Drugs (Control, Enforcement and Sanctions) Law, 1990 (P.N.D.C.L.236);
and
 (c) any other offence involving serious economic fraud, loss of state funds or
property.
(2) A Regional Tribunal does not have jurisdiction to try a criminal offence if the trial
requires the participation of a jury or assessors.
 CIRCUIT COURT
Section 42—Jurisdiction of Circuit courts civil in matters
 (1) The civil jurisdiction of a Circuit Court consists of the following—

(a) original jurisdiction in civil matters—

(i) in personal actions arising under contract or tort or for the recovery of any
liquidated sum, where the amount claimed is not more than ¢100 million;
(ii) in actions between landlord and tenant for the possession of land claimed under
lease and refused to be delivered up;
(iii) in causes and matters involving the ownership, possession, occupation of or title
to land;
(iv) to appoint guardians of infants and to make orders for the custody of infants;
(v) to grant in any action instituted in the Court, injunctions or orders to stay waste, or
alienation or for the detention and preservation of any property the subject matter of
that action or to restrain breaches of contract or the commission of any tort;
(vi) in claims of relief by way of interpleader in respect of land or other property
attached in execution of an order made by a Circuit Court;
 CIRCUIT COURT
(vii) in applications for the grant of probate or letters of administration in respect of the estate of
a deceased person, and in causes and matters relating to succession to property of a deceased
person, who had at the time of his death a fixed place of abode within the area of jurisdiction of
the Circuit Court and the value of the estate or property in question does not exceed ¢100
minion; and
(b) any other jurisdiction conferred by this Act or any other enactment.
 (2) Where there is a dispute as to whether or not any amount claimed or the value of any

property in any action, cause or matter is in excess of the amount or value specified in
subsection (1) of this section in relation to that action, cause or matter, the Circuit Court in
question shall call evidence as to the said amount or value and if it finds that it exceeds the
amount or value specified in subsection (1) it shall transfer the case to the High Court.
 (3) Where the amount claimed or the value of any property exceeds the amount or value

specified in subsection (1) of this section the Circuit Court shall, notwithstanding that
subsection, proceed to hear the case if the parties agree that it should do so.
 (4) The Attorney-General may by legislative instrument amend the amount or value specified

in subsection (1) of this section.

 CIRCUIT COURT
Section 43—Criminal Jurisdiction of Circuit court
 A Circuit Court has original jurisdiction in all criminal matters other than treason,

offences triable on indictment and offences punishable by death.

Section 47—Civil Jurisdiction of District courts

(1) A District Court shall within the area of its jurisdiction have civil jurisdiction in
the following matters—
 (a) in personal actions arising under contract or tort for the recovery of any

liquidated sum where the amount claimed does not exceed ¢50 million;
 (b) to grant in any action instituted in the District Court injunctions or orders to

stay waste or alienation or for the detention and preservation of any property the
subject matter of that action, or restrain breaches of contracts or the commission of
any tort;
 (c) in claims for relief by way of interpleader in respect of land or other property

attached in execution of a decree made by the District Court;

 CIRCUIT COURT
 (d) in civil causes or matters relating to the landlord and tenant of any
premises or any person interested in such premises as required or
authorised by any law relating to landlord and tenant;
 (e) in actions relating to ownership, possession or occupation of land
where the value of the land does not exceed ¢50 million;
 (f) in divorce and other matrimonial causes or matters and actions for
paternity and custody of children;
 (g) in applications for the grant of probate or letters of administration
in respect of the estate of a deceased person, and in causes and matters
relating to succession to property of a deceased person, who had at the
time of his death a fixed place of abode within the area of jurisdiction
of the District Court and the value of the estate or property in question
does not exceed ¢50 million; and
 CIRCUIT COURT
 (2) Where there is dispute as to whether or not any amount claimed or the
value of any land or property in any action, cause or matter is in excess of
the amount or value specified in subsection (1) of this section in relation to
that action, cause or matter the District Court in question shall call
evidence as to the said amount or value and if it finds that it exceeds the
amount or value specified in subsection (1) it shall, subject to the powers
of transfer of the Chief Justice, transfer the case to a Circuit Court.
 (3) Where in any action, cause or matter the amount claimed or the value
of any land or property exceeds the amount or value specified in
subsection (1), the District Court shall notwithstanding that subsection,
proceed to hear the case if the parties agree that it should do so.
 (4) The Attorney-General may by legislative instrument amend the amount
or value specified in subsection (1) of this section.
 DISTRICT COURT
Section 48—Jurisdiction of District court in criminal matters
(1) In criminal matters a District Court has jurisdiction to try summarily—
 (a) an offence punishable by a fine not exceeding 500 penalty units or

imprisonment for a term not exceeding 2 years or both;

 (b) any other offence (except an offence punishable by death or by

imprisonment for life or an offence declared by any enactment to be a first

degree felony) if the Attorney-General is of the opinion that having regard to
the nature of the offence, the absence of circumstances which would render
the offence of a grave or serious character and all other circumstances of the
case, the case is suitable to be tried summarily;
 (c) an attempt to commit an offence to which paragraph (a) or (b) of this

subsection applies;
 (d) abetment of or conspiracy in respect of any such offence.
 DISTRICT COURT
 (2) Subject to the other provisions of this section, a District Court shall in the
exercise of its jurisdiction in criminal matters not impose a term of
imprisonment exceeding 2 years or a fine exceeding 500 penalty units or both.
 (3) A District Court does not have jurisdiction to try an offence under paragraph
(b), (c) or (d) of subsection (1) where the enactment creating the offence has
prescribed in relation to the offence a minimum penalty that exceeds the penalty
permitted to be imposed by a District Court under subsection (2).
 (4) Where under any enactment increased punishment may be imposed upon any
person previously convicted of a crime, a District Court may impose the
increased punishment, or twice the maximum punishment prescribed by
subsection (2) whichever is the lesser.
  
 (5) The Attorney-General may by legislative instrument amend the amount or
value specified in subsections (1) and (2) of this section.
 SECTION 49—JUVENILE COURTS

 (1) The Chief Justice may designate any District Court as a

Juvenile Court.
 (2) A Juvenile Court shall be composed of the Magistrate of the

District Court as the presiding person and two other persons one
of whom shall be a Social Welfare Officer and the other, a
person of not less than 25 years both of whom shall be
appointed by the Chief Justice on the recommendation of the
Director of Social Welfare .
 (3) A Juvenile Court has power to hear and determine any

matter civil or criminal that involves a person under the age of

eighteen and shall for that purpose have and exercise all the
powers of a District Court.
 JUDICIAL REVIEW
AND
PREROGATIVE ORDERS
JUDICIAL REVIEW AND PREROGATIVE
ORDERS
At the outset, it should be noted that
although this section focuses on those
instances where the judiciary have decided
against the exercise of executive power in
a particular way, it has to be emphasized
that the vast majority of judicial review
cases are decided in favor of the executive.
JUDICIAL REVIEW AND PREROGATIVE
ORDERS
The remedies open to anyone challenging
the decisions or actions of administrative
institutions or public authorities can be
divided into private or public law
remedies.

Private law remedies

There are three private law remedies:
JUDICIAL REVIEW AND
PREROGATIVE ORDERS

 DECLARATION
 INJUNCTION
 DAMAGES
JUDICIAL REVIEW AND PREROGATIVE
ORDERS
Declaration
This is a definitive statement, by the

High Court of what the law is in a

particular area.
The procedure may be used by an

individual or body to clarify a

particularly contentious situation.
JUDICIAL REVIEW AND PREROGATIVE
ORDERS

 It is a common remedy in private

law, but it also has an important part
to play in regard to individuals'
relations with administrative
institutions.
JUDICIAL REVIEW AND PREROGATIVE
ORDERS
 Thiscan be seen, for example, in Congreve
v Home Office (1976), where the Court of
Appeal stated that it would be unlawful for
the Home Office to revoke annual
television licenses after only eight months
because they had been bought in
anticipation of an announced price rise but
before the expiry of existing licenses.
JUDICIAL REVIEW AND PREROGATIVE
ORDERS
Injunctions
Usually an injunction seeks to restrain a

person from breaking the law;

alternatively, however, a mandatory
injunction may instruct someone to undo
what they have previously done, or
alternatively to stop doing what they are
doing.
JUDICIAL REVIEW AND PREROGATIVE
ORDERS
Injunction
 Both types of injunction may be sought

against a public authority. See Attorney

General v Fulham Corp (1921), in which
a local authority was ordered to stop
running a laundry service where it only
had the power to establish laundries for
people to wash their own clothes.
JUDICIAL REVIEW AND PREROGATIVE
ORDERS
Damages
Damages cannot be awarded on their own

in relation to administrative misconduct,

but may be claimed in addition where one
of the other remedies considered above is
sought, as, for example, in Cooper v
Wandsworth Board of Works (1863).
JUDICIAL REVIEW AND PREROGATIVE
ORDERS
Damages
 In this case, a builder had put up a building

without informing the Board of Works as he

was required to do. When the Board
demolished the building, he nonetheless
recovered damages against them on the basis
that the Board had exceeded its powers by not
allowing him to defend or explain his actions.
JUDICIAL REVIEW AND PREROGATIVE
ORDERS
Damages
 In order to seek one of these private

law remedies, an individual merely

had to issue a writ against a public
authority in their own name. They
did not require the approval of the
court.
EQUITABLE REMEDY OF SPECIFIC
PERFORMANCE
 Specific performance – this is an

equitable remedy and given at the

discretion of the court. When granted, it
compels a party to perform its obligations
under a contract
 THE PREROGATIVE ORDERS

 The prerogative orders are so called because they were

originally the means whereby sovereigns controlled the
operation of their officials.
 As a consequence, the prerogative orders cannot be

used against the state, but they can be used against

individual ministers of State and, since R v Secretary
of State for the Home Department ex p Fire Brigades
Union (1995), it is clear that ministers cannot avoid
judicial review by hiding behind the cloak of
prerogative powers.
THE PREROGATIVE ORDERS
 The most common use of the
prerogative orders is seen in the
exercise by the superior courts of
their supervisory jurisdiction to
control the operations of the lower
courts.
 THE PREROGATIVE ORDERS

A quashing order
 Formerly known as certiorari, is the
mechanism by means of which decisions
of inferior courts, tribunals and other
authoritative bodies are brought before the
High Court to have their validity
examined.
THE PREROGATIVE ORDERS
A quashing order
 Where any such decision is found to be

invalid, it may be set aside. An example of this

can be seen in Ridge v Baldwin (1964). Here,
the plaintiff had been dismissed from his
position as Chief Constable without having
had the opportunity to present any case for his
defense.
THE PREROGATIVE ORDERS

A quashing order
 The House of Lords held that the

committee which had taken the

decision had acted in breach of the
requirements of natural justice and
granted a declaration that his
dismissal was null and void.
 THE PREROGATIVE ORDERS

A prohibiting order
Formerly known as prohibition, is similar to
certiorari in that it relates to invalid acts of
public authorities, but it is different to the
extent that ii is pre-emptive and prescriptive
in regard to any such activity and operates to
prevent the authority from taking invalid
decisions in the first place.
THE PREROGATIVE ORDERS
A prohibiting order
An example of the use of the order arose in R
v Telford Justices ex p Badham (1991). In this
case an order was issued to stop committal
proceedings in relation to an alleged rape that
had not been reported until some 14 years after
the alleged incident. The delay meant that the
defendant would have been unable to prepare a
proper defense against the charge.
 THE PREROGATIVE ORDERS

A mandatory order
Formerly known as mandamus, may be
seen as the obverse of a prohibiting order
in that it is an order issued by the High
Court instructing an inferior court or
some other public authority to carry out a
duty placed on them.
THE PREROGATIVE ORDERS

A mandatory order
 Such an order is frequently issued in

conjunction with an order of

certiorari, to the effect that a public
body is held to be using its powers
improperly and is instructed to use
them in a proper fashion.
THE PREROGATIVE ORDERS

A mandatory order
 In R v Poplar BC (Nos 1 and 2) (1922),

the court ordered the borough council to

pay over money due to the county council
and to levy a rate to raise the money if
necessary. Failure to comply with the
order led to the imprisonment of some of
the borough councilors.
Grounds for application for judicial review
 Judicial review allows people with a sufficient
interest in a decision or action by a public body to ask
a judge to review the lawfulness of:
an enactment; or
a decision, action or failure to act in relation to the exercise
of a public function.
 However, it is not an appeal on the merits of a
decision.
 The grounds of application can be considered under

two heads: procedural ultra vires and substantive

ultra vires:
 Procedural ultra vires
 Procedural ultra vires, as its name suggests, relates
to the failure of a person or body, provided with
specific authority, to follow the procedure established
for using that power.

 It also covers instances where a body exercising a

judicial function fails to follow the requirements of
natural justice by acting as prosecutor and judge in
the same case or not permitting the accused person to
make representations to the panel deciding the case.
 Substantive ultra vires
Substantive ultra vires occurs where someone does something that
is not actually authorised by the enabling legislation. In Associated
Provincial Picture House v Wednesbury Corp (1947), Lord
Greene MR established the possibility of challenging discretionary
decisions on the basis of unreasonableness.
 Lord Greene's approach was endorsed and refined by Lord
Diplock in Council of Civil Service Unions v Minister for the
Civil Service 1984, in which he set out the three recognized
grounds for judicial review, namely:
illegality;
irrationality;
procedural impropriety.
 The exclusion of judicial review
One of the reasons for the setting up of extensive systems of administrative
tribunals was precisely the wish to curb the power of the judges.
It was felt that judges, and indeed the common law itself, tended to be more
supportive of individual rights and freedoms as opposed to collective notions
of welfare pursued by post-war governments, and that they would not
administer such policies sympathetically.
The judges, however, asserted their ultimate control over such tribunals
generally through the use of judicial review.
There have been various attempts by parliamentary drafters to exclude the
judiciary from certain areas by wording provisions in such a way as to deny
the possibility of judicial review.
These attempts, however, have mainly proved to be in vain and have been
rendered ineffective by the refusal of the courts to recognize their declared
effect.
 The exclusion of judicial review
A typical example is the use of ouster clauses when
drafting legislation:
 'Finality' or 'ouster' clauses
 There are a variety of possible wordings for these clauses. For
example, the legislation might provide that 'the minister's [or
the tribunal's] decision shall be final', or alternatively it might
attempt to emphasize the point by stating that the decision in
question 'shall be final and conclusive', or it might even
provide that 'it shall be final, conclusive and shall not be
questioned in and legal proceedings whatsoever'.
WRITS
 In common law, a writ is a formal written
order issued by a body with administrative or
judicial jurisdiction; in modern usage, this
body is generally
a court. Warrants, prerogative
writs and subpoenas are common types of
writs but there are many others
WRITS
 The development of English Common
Law relied on the courts to issue writs that allowed pe
rsons to proceed with a legal action. Over timethe cou
rts also used writs to direct other courts, sheriffs, and 
attorneys to perform certain actions. In modern law, c
ourts primarily use writs
to grant extraordinary relief, to grant the right of appe
alor to grant the sheriff authority to seize property
WRITS
 The "prerogative" writs are a subset of the class of
writs, those that are to be heard ahead of any other
cases on a court's docket except other such writs.
The most common of the other such prerogative
writs are habeas corpus, quo
warranto, prohibito, mandamus, procedendo,
and certiorari.
WRITS – OTHER TYPES
 A writof fieri facias(a/k/a "fi fa")
commands a sheriff to take and auction
off enough property from a losing party
to pay the debt (plus interest and costs)
owed by a judgment debtor
WRITS – OTHER TYPES
 A writ of attachment permits the arrest of a
person or the seizure of private property.
 A writ of scire facias revives a dormant

judgment.
 A writ of supersedeas contains a command

to stay the proceedings at law.

 A writ of venire facias summons jurors to

appear in court
WRITS – OTHER TYPES
 A writ of audita querela inhibits the unconscionable use of a
lawful judgment because of matters arising subsequent to the
judgment.
 A writ of capias directs an officer to take into custody the person

named in the writ or order

 A writ of coram nobis corrects a previous error "of the most

fundamental character" to "achieve justice" where "no other

remedy" is available, e.g., when a judgment was rendered
without full knowledge of the facts.
 A writ of elegit orders the seizure of a portion of a debtor's lands

and all his goods (except work animals) towards satisfying a

creditor, until the debt is paid off.
WRITS – OTHER TYPES
 A writ of error is issued by an appellate court, and directs a lower
court of record to submit its record of the case laid for appeal.
 A writ of exigent (or exigend) commands a sheriff to summon a

defendant indicted for a felony, who had failed to appear in court, to

deliver himself up upon pain of outlawry or forfeiture of his goods.
 A writ of mittimus orders either (1) a court to send its record to

another or (2) a jailor to receive the accused in his or her custody at

any point during the investigative or trial process.
 A writ of ne exeat restrains a defendant from fleeing the country or

jurisdiction.
 A writ of praemunire instructs a sheriff to order someone to appear in

court to answer for any of a number of different crimes.

WRITS
WRITS
 Enforcement of judgment for payment of money
 1. (1) Subject to these Rules, a. judgment or order for the
payment of money, not being a judgment or order for the
payment of money into court, may be enforced by one or
more of the following means
 (a) writ of fieri facias;
 (b) garnishee proceedings;
 (c) a charging order;
 (d) the appointment of a receiver;
 (e) in a case in which rule 5 applies, an order of committal or
a writ of sequestration
WRIT OF FIERI FACIAS
 A writof fieri facias(a/k/a "fi fa")
commands a sheriff to take and
auction off enough property from a
losing party to pay the debt (plus
interest and costs) owed by a
judgment debtor
GARNISHEE
 Where a person in this Order referred to as “the
judgment creditor" has obtained a judgment or order for
the payment of money by some other person referred to
as "the judgment debtor" and the judgment or order is
not for the payment of money into court, and another
person within the jurisdiction, referred to as "the
garnishee" is indebted to the judgment debtor, the
Court may, subject to the provisions of this Order and of
any enactment, order the garnishee to pay the judgment
creditor the amount of any debt due or accruing to the
judgment debtor from the garnishee, or as much of it as
is sufficient to satisfy that judgment or order and the
costs of the garnishee proceedings
WRIT OF POSSESSION
A judgment or order for the recovery
of possession of immovable property
may be enforced by a
writ of possession;
SUMMONS
 Legally, a summons also known in England
and Wales as a claim form and in New South
Wales as a Court Attendance Notice (CAN))
is a legal document issued by a court
(a judicial summons) or by an administrative
agency of government (an administrative
summons) for various purposes.
SUMMONS
 A judicial summons is served on a
person involved in a legal
proceeding.
 Legal action may be in progress

against the person, or the person's

presence as witness may be required. 
SUMMONS
 The summons will typically announce to the
person to whom it is directed that a legal
proceeding has been started against that person,
and that a case has been initiated in the issuing
court
 The summons announces a date by which the

person or persons summoned must either appear

in court, or respond in writing to the court or the
opposing party or parties.
SUMMONS

Citation
 A citation, traffic violation ticket, or notice to
appear is a type of summons prepared and served at
the scene of the occurrence by a law
enforcement official, compelling the appearance of a
defendant before the local magistrate within a certain
period of time to answer for a minor traffic
infraction, misdemeanor, or other summary offence.
Failure to appear within the allotted period of time is a
separate crime of failure to appear.
SUMMONS
Administrative summons
 One example of an administrative summons is found

in the tax law of the United States. The Internal

Revenue Code authorizes the U.S. Internal Revenue
Service (IRS) to issue a summons for a taxpayer—or
any person having custody of books of account
relating to a business of a Taxpayer
SUMMONS
 —to appear before the U.S. Secretary of the
Treasury or his delegate (generally, this means
the IRS employee who issued the summons) at
the time and place named in the
summons. The person summoned may be
required to produce books, papers, records, or
other data, and to give testimony under oath
before an IRS employee
WARRANT
 Most often, the term warrant refers to a
specific type of authorization; a writ issued
by a competent officer, usually
a judge or magistrate, which permits an
otherwise illegal act that would
violate individual rights and affords the
person executing the writ protection
from damages if the act is performed.
WARRANTS
 A warrant is usually issued by a court and
is directed to a sheriff, constable or
a police officer.
 Warrants normally issued by a court

include search warrants, arrest warrants,

death warrants and execution warrants
WARRANTS
 In the United Kingdom, senior public
appointments are made by warrant under
the Royal sign-manual, the
personal signature of the monarch, on the
recommendation of the government.
 In an interesting survival from medieval times,

these warrants abate (lose their force) on the

death of the sovereign if they have not already
been executed
WARRANTS - TYPES
 Arrest warrant, issued by a judge to detain someone
 Warrant of committal, issued by a judge ordering enforcement of a previous

order against an uncooperative person or corporation

 Warrant of delivery, civil writ issued by a judge ordering property delivered

to a named person
 Warrant of execution, writ issued by a judge allowing law enforcement

officers to seize property

 Execution warrant, writ issued by a judge authorizing the death of someone
 Warrant of possession, A judge’s order to terminate a residential real estate

tenancy
 Possessory warrant, civil writ issued by a judge ordering property delivered

to a named person
 Search warrant, writ issued by a judge allowing law enforcement officers to

look inside a property

SUBPOENA
 A subpoena  (also subpœna) is a writ issued
by a government agency, most often a court,
that has the authority to compel testimony by a
witness or production of evidence under a
penalty for failure. There are two common
types of subpoena:
 subpoena ad testificandum
 subpoena duces tecum
SUBPOENA
 subpoena ad testificandum orders a
person to testify before the ordering
authority or face punishment. The
subpoena can also request the testimony
to be given by phone or in person.
SUBPOENA
 subpoena duces tecum orders a person or
organization to bring physical evidence
before the ordering authority or face
punishment. This is often used for
requests to mail copies of documents to
the requesting party or directly to court.
SUBPOENA
 The term subpoena is from the Middle
English suppena and the Latin
phrase sub poena meaning "under penalty". It
is also spelled "subpena". The subpoena has its
source in English common law and it is now
used almost with universal application
throughout the English common law world
SUBPOENA
 However, for civil proceedings in
England and Wales, it is now
described as a witness summons, as
part of reforms to replace Latin terms
with English terms which are easier
to understand
SUBPOENA
 A subpoena that commands a person to bring certain 
evidence, usually documents or paperis called a Subp
oena DucesTecum, from the
Latin "under penalty to bring with you." This type of 
subpoena is often used in a civil lawsuit where one pa
rty resists giving the other partydocuments through th
e discovery process. If a court is convinced that the d
ocument request is legitimate, it will order the produc
tion ofdocuments using a subpoena duces tecum
PERJURY
 Perjury, also known as forswearing, is
the intentional act of swearing a
false oath or of falsifying
an affirmation to tell the truth, whether
spoken or in writing, concerning matters
material to an official proceeding
PERJURY
 Contrary to popular misconception, no crime
has occurred when a false statement is
(intentionally or unintentionally) made while
under oath or subject to penalty—instead,
criminal culpability only attaches at the instant
the declarant falsely asserts the truth of
statements (made or to be made) which are
material to the outcome of the proceeding.
PERJURY
 For example, it is not perjury to lie
about one's age except where age is a
fact material to influencing the legal
result, such as eligibility for old
age retirement benefits or whether a
person was of an age to have legal
capacity.
PERJURY
 Perjury is considered a serious offence as
it usurps the order created by the Courts.
It results in miscarriages of justice,
secondary detriment to the person already
victim to the first offense, and general
detriment to the trust of peace
PERJURY
 In the United States, for example, the general
perjury statute under Federal law classifies
perjury as a felony and provides for a prison
sentence of up to five years
 Australia, a minimum term of 14 years and

maximum equal to the term of the conviction

 The California Penal Code allows for perjury

to be a capital offense in cases

causing wrongful execution.
 However prosecutions for perjury are rare.
PERJURY
 In order for a defendant to be found guilty of perjury,
the prosecutor must prove all elements of the crime
beyond a reasonable doubt.
for a person to be charged with perjury, he or she
generally must have
 1) been sworn in or made a solemn legal promise to

tell the truth; and 

 2) made a false statement or told a lie on purpose
 3) the lie or statement must be material to the case
PERJURY
  In
some countries such
as France and Italy, suspects cannot be
heard under oath or affirmation and thus
cannot commit perjury, regardless of
what they say during their trial.
CONTEMPT OF COURT
 Contempt of court, often referred to
simply as "contempt", is the offense of
being disobedient to or disrespectful
towards a court of law and its officers in
the form of behavior that opposes or
defies authority, justice, and dignity of
the court
CONTEMPT OF COURT
 It
manifests itself in willful disregard
of or disrespect for the authority of a
court of law, which is often behavior
that is illegal because it does not
obey or respect the rules of a law
court
CONTEMPT OF COURT
 there are essentially two types of contempt:

 (1) being rude, disrespectful to the judge or

other attorneys or causing a disturbance in the
courtroom, particularly after being warned by
the judge;
 (2) willful failure to obey an order of the court
CONTEMPT OF COURT
 Civil contempt can involve acts of omission.
The judge will make use of warnings in most
situations that may lead to a person being
charged with contempt. It is relatively rare
that a person is charged for contempt without
first receiving at least one warning from the
judge. 
CONTEMPT OF COURT
 Constructive contempt, also called
consequential contempt is when a person
fails to fulfill the will of the court as it
applies to outside obligations of the
person. In most cases, constructive
contempt is considered to be in the realm
of civil contempt because of its passive
nature.
CONTEMPT OF COURT
 Indirectcontempt is something that is
associated with civil and constructive
contempt and involves a failure to follow court
orders. Criminal contempt includes anything
that could be called a disturbance such as
repeatedly talking out of turn, bringing forth
previously banned evidence, or harassment of
any other party in the courtroom.
CONTEMPT OF COURT
 Directcontempt is an unacceptable act in
the presence of the judge (in facie
curiae), and generally begins with a
warning, and may be accompanied by an
immediate imposition of
punishment. Yawning in some cases can
be considered contempt of court.