What distinguishes a Judicial Civil Penalty from other penalties?

The defining characteristic of a Judicial Civil Penalty is that it requires presentation of evidence in court. This process involves formal legal procedures where the case is brought before a judicial authority. The judicial system assesses the evidence to determine whether a violation occurred and if so, to what extent penalties should be imposed. This differs from administrative penalties, which can be imposed by regulatory agencies without court involvement and usually follow their own enforcement procedures based on established rules and regulations.

The requirement for judicial presentation ensures a level of due process for the parties involved, allowing for legal representation and the opportunity to contest the evidence or claims made against them. This legal framework underpins the integrity of the penalty, providing a structured and fair resolution to infractions.

In contrast, penalties for minor infractions, local authority administration, and the lack of monetary sanctions do not encapsulate the essence of judicial civil penalties, which are fundamentally based on legal proceedings and the adjudication of cases in court.