The jurisdiction of the court of magistrates as a court of criminal judicature

Abstract

This research project will analyze how the original and extended competence of the Court of Magistrates evolved since the promulgation of the Criminal Code. Parliamentary debates will be examined to seek what the Legislative had in mind when modifying and gradually increasing the competence of the Court throughout the years until the latest amendment of 2015. The original competence of the Court of Magistrates will also be analyzed, followed by an in depth analysis of the extended competence, with a particular focus on the note of remittal for judgement of the Attorney General. Substantial reference to case law will be made in order to explore how the Court interpreted the jurisdiction of the Court of Magistrates. The parameters and requisites of the note of remittal will also be perused. Reference will also be made to particular laws which authorize that the offence be tried by the Court of Magistrates as a Court of Criminal Judicature even though the punishment may exceed two years imprisonment. The functions of the Juvenile Court, the discretion enjoyed by the Attorney General under the Dangerous Drugs Ordinance and the competence of the Court of Magistrates in deciding upon depenalised offences in accordance with the provisions of the Commissioner For Justice Act will also be evaluated. Finally, an analysis is made as to whether the present legislation is adequate to cater for the jurisdiction of the Court of Magistrates as we know it today, and whether further legislative intervention is necessary.