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Debate: The Judicial Procedures, Sentencing and Evidence Act (2014); Article III
Topic Started: 9th June 2014 - 12:40 PM (206 Views)
Elpidia
Member Avatar
The Rt. Hon.
As per Achkaerin's suggestion, due to the length of this bill, debate will be split into several threads. The entire bill shall be up for debate until at least 6/12/14.

Quote:
 
Article Three Court Process

(13) The following principles shall be the cornerstone of the Judicial Process.
i) The Defendant is innocent until proven guilty.
ii) The yard stick by which a verdict is reached is that guilt must be proven “Beyond all reasonable doubt”.
iii) The accused has the right to face their accuser.
iv) The Court system is a hybrid of an Inquisitorial and Adversarial system.
v) The rulings of the High Court do not bind itself.
vi) The rulings of the Privy Council do not bind itself but they do bind the High Court.

(14) The following shall be the process of hearings for a case guidance for content of those hearings contained within:

(i) Pre Trial
1. Only one judge needs to be present.
2. The Prosecution calls for a session of court and files the indictment within the limitation period of the offence.
3. The Defence Counsel and Prosecution will need to agree a date, otherwise the judges can set one themselves if a suitable agreement cannot be reached (after 7 days after the indictment is filed)
4. Evidence is submitted at this stage, but more evidence can be submitted later if the judge agrees and defense have time to look it over.
5. Defendant can commit intention to plea (guilty/not guilty) here. A court date will be required.
6. At this point a bail application may be made (see section 15)

(ii) Plea Hearing

1. One judge needs to be present.
2. The judge makes sure that the Pre-Trial stuff was taken care of correctly.
3. The defendant issues their formal plea here (chance to change their mind). Guilty moves onto sentence hearing. Not Guilty moves onto trial hearing.
4. The prosecution and defence inform the court of any witnesses, issues in the case, evidence exhibits, admissions, and any point of law that might arise regarding the admissibility of evidence
5. The defence counsel can ask what the likely sentence is going to be depending on whatever plea may be given.
6. The judge will then set an agreed date for the trial hearing and provide directions to the Prosecution and Defence of how to proceed with the information that has been provided to the court.
7. Any difficulties with compliance with the Judge's words needs to be presented right here.
8. A formal notice of the date of the trial hearing will be sent by the clerk to the Judge, Defence and Prosecution.
9. Copies of evidence must be dispatched to the three judges that will be hearing the case as well as the defence and prosecution from the Clerk.
10. If the case looks like it is a complex case then the judges will need to be informed by the person who spots it first.

(iii) Trial Hearing

1. The judges can make sure that Pre-trial has been conducted fairly.
2. Sitting judges will listen to the evidence and may ask questions at any time. It's their court (No title is higher than that of the sitting Judge)
3. Prosecution opens the case with a summary of the evidence, the indictment, what the charge is. Defence also has opportunity for opening statement.
4. Any witnesses and evidence for the Prosecution.
5. Any applications from the Defence
6. Defence opens their case with their arguments against the evidence, whether it is valid and so on.
7. Any witnesses for the Defence (character witnesses for instance) And any evidence.
8. Prosecution summarises their argument.
9. Defence summarises their argument.
10. The Clerk then summarises to the judge. (This is mainly to clear up legal stuff and make it easier for readers to understand rather than for the judges).
11. Judges then retire and return with a verdict.
12. If guilty then a sentencing hearing date will be given.
13. If not guilty then defendant walks away free.

(iv) Sentencing Hearing

1. The clerk gives the charge and the verdict.
2. The prosecution will speak first and outline the facts of the case, including statutory requirements and extent of the breaches. All aggravating issues should be given.
3. Prosecution may also accept mitigating arguments they feel are present.
4. Prosecution may draw attention to any precedent.
5. It's the prosecutions job to remind the court of its sentencing powers (if any).
6. Defence counsel now effectively do the same thing in reverse, with mitigating issues being given rather than aggravating ones.
7. Defence may explain why a plea has been given. Though the prosecution doesn't have to accept this.
8. The prosecution may respond to the Defence Counsel's argument particularly if new points have been raised. Defence will have opportunity to counter this.
9. The judges may adjourn to consider the sentence the judges then given the sentence they have come up with.

Bail Hearing

(15) At the pre trial hearing the defence may make a bail application to the court, it is the responsibility of the defence to make this application, failure to make this application may result in the defendant being remanded in custody (temporary posting ban for the duration of the legal process this does not include all PM’s).

(16) Bail may be unconditional (no restrictions on posting) or conditional (Defendant may continue to post but only under certain conditions).

(17) It is the responsibility of the Defence to propose conditions for bail.

(18) Conditions of bail may include (but are not limited to) the following:
(i) Not attempting to contact certain members (They should report any contact coming from the opposite direction).
(ii) The Defendants posting to be restricted to certain topics (e.g. factbook, News service).
(iii) If the accused is a member of the executive or legislative they are to cease all activity within that role for the duration. This should be interpreted as a vacation of position as per sections 23 and 32 of the Constitution of the Independent Order (should the Defendant be found not guilty they will of course be reinstated).

(19) The Prosecution has the right to object to proposed conditions but must give reasons for their objection.

(20) Even if remanded in custody the Defendant is still permitted to contact his or her counsel by PM this is to ensure that they are not placed at a disadvantage at trial (This is the only thing they will permitted to do.)

(21) Breaching of bail conditions once will result in a warning from the judge persistent breaches will result
in an automatic withdrawal of bail thus remanding the defendant in custody.

(22) Breached bail will not be looked on favourably by the Judge at trial and can be used to infer bad character on the part of the defendant.
Edited by Elpidia, 9th June 2014 - 09:42 PM.
The Rt. Hon. Marquess Elpidia - Factbook - NS Page - EBC - Vignettes - Characters
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Elpidia
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The Rt. Hon.
Quote:
 
Court Process

(13) The following principles shall be the cornerstone of the Judicial Process.
i) The Defendant is innocent until proven guilty.
ii) The yard stick by which a verdict is reached is that guilt must be proven “Beyond all reasonable doubt”.
iii) The accused has the right to face their accuser.
iv) The Court system is a hybrid of an Inquisitorial and Adversarial system.
v) The rulings of the High Court do not bind itself.
vi) The rulings of the Privy Council do not bind itself but they do bind the High Court.

(14) The following shall be the process of hearings for a case guidance for content of those hearings contained within:

(i) Pre Trial
1. Only one judge needs to be present.
2. The Prosecution calls for a session of court and files the indictment within the limitation period of the offence.
3. The Defence Counsel and Prosecution will need to agree to a date, otherwise the judges can set one themselves if a suitable agreement cannot be reached (7 days after the indictment is filed)
4. Evidence is submitted at this stage, but more evidence can be submitted later if the judge agrees and defense have time to look it over.
5. Defendant can commit intention to plea (guilty/not guilty) here. A court date will be required.
6. At this point a bail application may be made (see section 15)

(ii) Plea Hearing

1. One judge needs to be present.
2. The judge makes sure that the Pre-Trial procedures were taken care of correctly.
3. The defendant issues their formal plea here (chance to change their mind). Guilty moves onto sentence hearing. Not Guilty moves onto trial hearing.
4. The prosecution and defence inform the court of any witnesses, issues in the case, evidence exhibits, admissions, and any point of law that might arise regarding the admissibility of evidence
5. The defence counsel can ask what the likely sentence is going to be depending on whatever plea may be given.
6. The judge will then set an agreed date for the trial hearing and provide directions to the Prosecution and Defence of how to proceed with the information that has been provided to the court.
7. Any difficulties with compliance with the Judge's decisions needs to be presented at this time.
8. A formal notice of the date of the trial hearing will be sent by the clerk to the Judge, Defence and Prosecution.
9. Copies of evidence must be dispatched to the three judges that will be hearing the case as well as the defence and prosecution from the Clerk.
10. If the case looks like it is a complex case then the judges will need to be informed by the person who spots it first.

(iii) Trial Hearing

1. The judges can make sure that Pre-trial has been conducted fairly.
2. Sitting judges will listen to the evidence and may ask questions at any time. It's their court (No title is higher than that of the sitting Judge)
3. Prosecution opens the case with a summary of the evidence, the indictment, what the charge is. Defence also has opportunity for opening statement.
4. Any witnesses and evidence for the Prosecution.
5. Any applications from the Defence
6. Defence opens their case with their arguments against the evidence, whether it is valid and so on.
7. Any witnesses for the Defence (character witnesses for instance) And any evidence.
8. Prosecution summarises their argument.
9. Defence summarises their argument.
10. The Clerk then summarises to the judge. (This is mainly to clear up legal stuff and make it easier for readers to understand rather than for the judges).
11. Judges then retire and return with a verdict.
12. If guilty then a sentencing hearing date will be given.
13. If not guilty then defendant walks away free.

(iv) Sentencing Hearing

1. The clerk gives the charge and the verdict.
2. The prosecution will speak first and outline the facts of the case, including statutory requirements and extent of the breaches. All aggravating issues should be given.
3. Prosecution may also accept mitigating arguments they feel are present.
4. Prosecution may draw attention to any precedent.
5. It's the duty of the prosecutions to remind the court of its sentencing powers (if any).
6. Defence counsel now reminds the court of mitigating issues.
7. Defence may explain why a plea has been given. Though the prosecution doesn't have to accept this.
8. The prosecution may respond to the Defence Counsel's argument particularly if new points have been raised. Defence will have opportunity to counter this.
9. The judges may adjourn to consider the sentence the judges then given the sentence they have come up with.

Bail Hearing

(15) At the pre trial hearing the defence may make a bail application to the court, it is the responsibility of the defence to make this application, failure to make this application may result in the defendant being remanded in custody (temporary posting ban for the duration of the legal process this does not include all PM’s).

(16) Bail may be unconditional (no restrictions on posting) or conditional (Defendant may continue to post but only under certain conditions).

(17) It is the responsibility of the Defence to propose conditions for bail.

(18) Conditions of bail may include (but are not limited to) the following:
(i) Not attempting to contact certain members (They should report any contact coming from the opposite direction).
(ii) The Defendants posting to be restricted to certain topics (e.g. factbook, News service).
(iii) If the accused is a member of the executive or legislative they are to cease all activity within that role for the duration. This should be interpreted as a vacation of position as per sections 23 and 32 of the Constitution of the Independent Order (should the Defendant be found not guilty they will of course be reinstated).

(19) The Prosecution has the right to object to proposed conditions but must give reasons for their objection.

(20) Even if remanded in custody the Defendant is still permitted to contact his or her counsel by PM this is to ensure that they are not placed at a disadvantage at trial (This is the only thing they will permitted to do.)

(21) Breaching of bail conditions once will result in a warning from the judge persistent breaches will result
in an automatic withdrawal of bail thus remanding the defendant in custody.

(22) Breached bail will not be looked on favourably by the Judge at trial and can be used to infer bad character on the part of the defendant.
The Rt. Hon. Marquess Elpidia - Factbook - NS Page - EBC - Vignettes - Characters
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