Magistrate Courts Regulation comes into effect ending 18-year legal limbo

The ‘Magistrate Courts Regulation,’ introduced to standardize and strengthen the administration of magistrate courts and ensure consistent service delivery, officially came into effect on Thursday.

The regulation, which was published in the Government Gazette on July 1, 2024, marks the conclusion of an 18-year legal gap that followed the dissolution of the Ministry of Justice after the adoption of the 2008 Constitution.

Uniformed administration of courts:
With the regulation now in force, procedures governing case filing, case acceptance, and trial proceedings will be standardized across all magistrate courts in the Maldives, ensuring equal access to justice for citizens.

Under the new regulation, Registrars will be appointed to magistrate courts. Previously, these duties were carried out by court administrators or judges, and the new arrangement is expected to improve the efficiency of court administration.

Mandatory submission of Thalassemia cards for marriage registrations:
Under Article 83 of the regulation, individuals seeking to register their marriages through magistrate courts must undergo Thalassemia testing and submit their Thalassemia cards. However, if one party is confirmed not to carry the Thalassemia trait, the second party will not be required to submit their test results.

Remand proceedings:
The regulation also sets out specific procedures and timeframes for hearings to determine the remand status of individuals arrested on suspicion of criminal offences.

To facilitate the effective implementation of the regulation, the Judicial Academy has conducted specialized training programs for magistrate court judges and staff to familiarize them with the new procedures.