Judicial and Administrative Procedures
This domain tests the sequence and fairness of procedures. Administrative action (inspection, notice, fine, licence condition) follows different rules from criminal process (arrest, search, seizure, referral). Candidates must know when to switch tracks and what fairness requires at each stage.
Core rules
- Preliminary stage: record the complaint, verify jurisdiction, assess urgency, preserve evidence, and identify the legal basis for action.
- Administrative procedure: notify the person of the allegation, disclose the essential evidence, allow an opportunity to respond, decide on the evidence, issue a reasoned order, serve it properly, and state the appeal or grievance route and time limit.
- Criminal procedure: report to the Public Prosecution; coercive steps such as search, seizure and arrest require the legal authority, warrant or prosecution order applicable under the Criminal Procedure Law.
- Proportionality and necessity: choose the least intrusive measure that achieves the legal aim.
- Record every step with date, time, place, officer and decision-maker, so the procedure can be reconstructed.
Worked example
An inspector fines a licensee for a labelling breach but issues the fine at the door without showing the inspection report or allowing comment. The decision is vulnerable because the licensee was not heard and the factual basis was not disclosed. A fair process would serve a notice, allow a response, consider it, and issue a reasoned decision with appeal information. Reasoning: the substantive breach may be real, but procedural fairness affects validity and credibility.
Traps
- Treating an administrative fine as a criminal conviction.
- Missing appeal or service deadlines.
- Executing a search without the required order or warrant.
- Asking a person to sign a blank or incomplete form.