Rules of relative jurisdiction of criminal courts in Iranian ‎and English law

Document Type : Research Paper

Authors

1 Department of Criminal Law, Faculty of Farabi, University of Tehran, Iran‎

2 Department of Criminal Law and Criminology, Department of Criminal Law, Faculty of Farabi, ‎University of Tehran, Iran‎

Abstract

One of the divisions of jurisdiction of criminal courts is the division of these courts into Courts grade one and Courts grade two. Relative jurisdiction is studied as another kind of criminal courts jurisdiction beside local and inherent jurisdiction. In Relative jurisdiction, Courts grade one deal with more important crimes by multiple judges and Courts grade two deal with less important crimes by single judge. In Iranian law according to criminal procedure code 1392, Relative jurisdiction is accepted in both general and special courts. In English law, also, Relative jurisdiction of criminal courts accepted such a way that the crimes, based on importance, divided into three parts: Indictable offences, Summary offences and Offences triable and this will be heard either by Magistrates’ Court or crown court accordingly. In addition, in the law of both countries, relative jurisdiction in the retrial is also provided and these courts are divided into two categories.

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References

  1. English

    1. Elliott, Catherine & Frances Quinn (2016-2017). English Legal System, Seventeenth Edition: Pearson.
    2. Fafinski, Stefan & Emily Finch (2010). English Legal System,3rd Edition: Longman.
    3. Goldson, Barry (2004). Youth Crime and Youth Justice “Restorative and Informal Justice”, Student Handbook of Criminal Justice and Criminology: Cavendish Publishing.
    4. Hanson, Sharon (2016). Learning Legal Skills and Reasoning. Fourth Edition: Routledge.
    5. Huxley-Binns, Rebecca & Jacqueline Martin (2009). Unlocking the English Legal System: Hodder Arnold.
    6. Keenan, Denis (2001). Denith & Keenan English Law. thirteenth Edition: Longman.
    7. Martin, Jacqueline (2007). The English Legal System. 3rd Edition: Hodder & Stoughton.
    8. Partington Martin (2012-2013). Introduction to the English Legal System: Oxford University Press.
    9. Slapper, Gary & David Kelly (2012-2013). The English Legal System. thirteenth Edition: Routledge.
    10. Wilman, John (2005). Brown: GCSE Law. ninth edition: Thomson.
    11. Weigend, Homas (1991). Determining Penalties: Norm Versus Discretion in Sentencing: Isr.L.Rev.
    12. Williams, Glanville (2002). Learning the Law. Twelfth Edition (Edited by A.T.H. Smith): Sweet & Maxwell.
    13. Zander, Michael (2007). Cases and Materials on the English Legal System. Tenth Edition: Cambridge university Press.
    14. Geldart, William (1991). Introduction to English Law. Tenth edition(prepared by D.C.M. Yardley): Oxford University Press.
    15. Harris, Phil (2007). An Introduction to Law. Seventh Edition: Cambridge University press.
    16. Children act 1989 (English)
    17. Children and Young Persons Act 1933 (English)
    18. Courts Act 1971 (English)
    19. Crime and disorder Act 1998 (English)
    20. Criminal Justice Act 1991 (English)
    21. Criminal Procedure and Investigations Act 1996 (English)
    22. Magistrates’ Court Act 1980 (English)
    23. Senior Courts Act 1981 (English)
    24. Theft Act 1968 (English)
Comparative Law Review
Volume 14, Issue 1
Spring & Summer 2023
July 2023
Pages 389-410

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