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SupremeCourtBuilding-Singapore-20070210 Lecture 5: Singapore's…

- - - - High Court (General Division)
        
        High Court (Appellate Division)
  - - - Magistrates' Courts
        
        Small Claims Tribunal
        
        Various Specialist Courts
        
        Coroner's Court
        
        Employment Claims Tribunals
        
        Community Disputes Resolution Tribunals
  - - - High Court (Family Division)
        
        Family Court
        
        Youth Court
- - - - Original Criminal Jurisdiction refers to cases where the defendant are first time offenders
      - Criminal Jurisdiction involve cases where the person is charged with shoplifting, littering or murder
    - - Civil Jurisdiction involve cases for recovery of damages under breach of contract or claims of pain and suffering (Mainly Contract and Tort Law)
        
        Two things to consider in a Civil Jurisdiction
        
        The TYPE of case
        
        The SIZE of the case
      - Original Civil Jurisdiction refers to cases that are tried for the first time.
  - - - Appellate Civil Jurisdiction refer to appeal civil cases made from a lower court
    - - Appellate Criminal Jurisdiction refer to appeal criminal cases made from a lower court
- - - - Hears only Appellate cases
        
        For Appellate Criminal Cases, the court only hears appeals where the original decision/case is made in the High Court
        
        For Appellate Civil cases, the court only hears appeal cases from the high court that are above $250,000 in claims (otherwise leave is required)
        
        The term "Leave" refers to the discretion to hear cases that fall below the jurisdiction limit. i.e. lesser than $250,000 or $50,000 in claims
    - - Hears both Appellate and Original Cases
        
        For Original Criminal Cases, the court hears all offences that are usually more serious example, death penalty or life sentence
        
        For Appellate Criminal Cases, the court hears cases of appeal from lower courts such as the state courts or family courts
        
        For Original Civil Cases, the court hears from claims that are $250, 000 or above
        
        For Appellate Civil Cases, the court hears appeal cases from lower courts and the claims must be above $50,000 (otherwise leave is required)
  - - - Hears only Original Cases
        
        For Original Criminal Cases, the District court mainly hears offences with the maximum punishment of jail up to 10 years or fine only
        
        For Original Civil Cases, the district court mainly hears monetary claims of up to $250,000 or Recover of land of up to $250,000
    - - Hears only Original Cases
        
        For Original Criminal Cases, the Magistrates Court hear offences with a maximum punishment of jail up to 5 years or fine only
        
        For Original Civil Cases, the Magistrate Court hears cases of monetary claims of up to $60,000
      - Coroner's Court
        
        Consist of Magistrate and District Judges. Main function is to to ascertain the cause and circumstances of death where there is a reason to suspect that the death occurred in an unnatural manner, e.g. violently, suddenly or in an unknown way.
    - - Hears only Original Cases
        
        For Original Civil Cases, the small claims tribunal hears cases of up to $20,000 or $30,000 if both parties agree,
      - Community Disputes Resolution Tribunals
        
        Employment Claims Tribunals
        
        Tribunals hear employment-related claims between certain prescribed classes of employees and employers
        
        Tribunals hear claims in respect of the (statutory) tort of interference with the enjoyment or use of a place of residence
  - - - Hears both Appellate and Original Cases
        
        For Original Criminal Cases, the high court family division hears family related offences such as family violence or murder
        
        For Appellate Criminal Cases, the high court family division hears appeals from the lower courts such as the family and youth courts
        
        For Original Civil Cases, the high court family division hears family related cases such as divorce, custody and maintenance of children and adoption Family proceedings (such as for ancillary matters) involving assets of $5 million or more, probate matters where the value of the deceased's estate is more than $5 million or if the case involves resealing of a foreign grant.
        
        For Appellate Civil Cases, the high court family division hears appeal criminal cases from the lower courts such as the family and youth courts
    - - Hears only Original Cases
        
        For Original Criminal Cases, it hears family related offences however it may be less severe
        
        For Original Civil Cases, it hears family related cases similar to the high court but in lower monetary claims
      - Youth Courts
        
        Hears only Original Cases
        
        For Original Criminal Cases, the court hears family related violence cases that are less severe and involves younger people
        
        For Original Civil Cases, it hears family related cases similar to the high court but in lower monetary claims
        
        The Youth Courts involves mainly criminal Jurisdiction of "Children" below 14 years old and "young person" between 14 and 16 years old. Focuses on reform and rehabilitation
      - The Family Courts also provide mediation and counselling services in an effort to
        resolve matrimonial disputes without resorting to litigation.
  - - - (a) all the parties must either be Muslim or have been married under Muslim law; and
        (b) the dispute must relate to marriage, divorce, betrothal nullity of marriage, judicial separation, the disposition or division of property on
        divorce or nullification of marriage or the payment of emas kahwin, marriage
        expenses, maintenance and consolatory gifts or mutaah.
        
        Appeals from the Syariah Court go to the Appeal Board constituted under the same
        Act.
- - - - Has maximum Sentencing Powers
  - - - District Judges has sentencing powers of
        
        imprisonment term of not more than 10 years
        
        a fine not exceeding $30,000
        
        up to 12 strokes of the cane
    - - Magistrates has sentencing powers of
        
        imprisonment term of not more than 3 years
        
        a fine not exceeding $10,000
        
        up to 6 strokes of the cane
  - - - The Youth cannot sentence any "Young person" or "Children" to imprisonment however they can make an order for the child to be
        
        Required to perform up to 240 hours of community service;
        
        Placed under probation for between 6 months and 3 years;
        
        Detained in a place of detention (such as a boys’ or girls’ home) for up to 6 months
        
        Sent to a juvenile rehabilitation centre for up to 3 years
        
        Sent to a reformative training centre, if your child is currently between the ages of 14 and 16, and has previously been sent to a juvenile rehabilitation centre.