A legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Legal proceedings are generally characterized by an orderly process in which participants or their representatives are able to present evidence in support of their claims, and to argue in favor of particular interpretations of the law, after which a judge, jury, or other factfinder makes a determination of the factual and legal issues.
· Activities needed to have a court deem legal process to have been provided, such as through service of process.
· Conduct of a trial, whether a lawsuit or civil trial, or a criminal trial.
· Issuance and enforcement of court orders, including those imposing foreclosure or receivership.
· Hearings, particularly administrative hearings.
· Civil proceedings 民事诉讼
A civil proceeding is a proceeding that is not related to a criminal matter. The Supreme Court hears many different types of civil proceedings. Usually, these civil proceedings are complex or involve large amounts of money. Sometimes a civil proceeding is heard in the Supreme Court because the law requires it.
· Criminal proceeding 刑事诉讼
criminal proceeding means a proceeding for the prosecution, whether summarily or on indictment, of an offence or offences.
To avoid doubt, each of the following is part of a criminal proceeding :
(a)a bail proceeding;
(b)a committal proceeding;
(c)the discovery, exchange, production, inspection or disclosure of intended evidence, documents and reports of persons intended to be called by a party to give evidence;
(d)a sentencing proceeding;
(e)an appeal proceeding;
(f)a proceeding with respect to any matter in which a person seeks a writ of mandamus or prohibition or an injunction against an officer or officers of the Commonwealth
(g)any other pre-trial, interlocutory or post-trial proceeding prescribed by regulations for the purposes of this paragraph.
service of summons/subpoena
Enforcement of judgment
Criminal offenses are typically dealt with through the following routes –
– summary prosecution
– infringement notice
Summary prosecution does not require trial by jury. Such cases are tried by a single judge. These offenses are usually less severe in nature and carry lighter penalties.
Indictment prosecutions are usually meant for more severe offenses such as murder, sexual assault and armed robbery. These criminal proceedings required to be tried before a jury.
Even where an offense is indictable, an accused may request for summary prosecution; the judge however has the final say whether to grant the request on grounds of public interest where issues of societal norms are best decided by a jury.