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JPSE Act; Suggested Revisions in Full
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Topic Started: 20th June 2014 - 04:02 AM (472 Views)
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Elpidia
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20th June 2014 - 04:02 AM
Post #1
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The Rt. Hon.
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I move that the following version of the JPSE Act be put to vote.
The Judicial Procedures, Sentencing and Evidence Act (2014)
An Act to establish the Court Processes and Judicial systems of the Independent Order.
Be it enacted by His Excellency the Grand Chancellor, by and with the advice and consent of the Senate, and by the authority of the same, as follows:
Short Title
(1) This act may be referred to as The Judicial Procedures, Sentencing and Evidence Act (2014).
Court Etiquette
(1) Criminal Cases (those prosecuted by the Minister of Justice or authorized agent) shall be named the Independent Order v the name of the Defendant.
(2) Civil Cases (Those brought by one member against another member) shall be named named the name of the claimant v the name of the defendant.
(3) Counsel, Parties, Witnesses and the Judge may refer to the parties as any of the following: (i) My Client (ii) The Claimant (iii) The Defendant (iv) The Victim (v) The Appellant (Appeal Cases only) (vi) The Respondent (Appeal Cases only) (vii) By their user name (viii) By any title they possess
(4) Counsel must refer to each other as either “My learned friend” or Mr/Mrs/Ms User Name or by any title of nobility they possess.
(5) Counsel, Parties and Witnesses must at the minimum address and refer to the judge as either “Your Honour”, “Judge”, or “Sir/Ma’am”. The judge may also be addressed by any title of nobility that they possess.
(6) In the Appeal Court, the Counsel is expected to address judges first by their formal title, followed by their username.
(7) The Judge is expected to refer to the Counsel first by their prefix or noble title, followed by their username.
(8) It is the responsibility of the Judge to ensure respect is given in the court room, and it is the responsibility of Counsel to make it known if they believe the judge has acted in a disrespectful manner.
(9) Section 7 is designed to show the respect of the Judge towards Counsel, Witnesses and Parties, it is the responsibility of Counsel to make it known if they believe there has been any disrespect by the Judge.
(10) All those involved in cases are expected to inform the court if there is anything that may affect their participation in the case.
Court Hierarchy
(11) The court of first instance shall be the High Court.
(12) Appeals shall be heard by a Judicial Committee of the Privy Council.
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.
Judges
(23) Judges are appointed to the Judiciary by the Premier with the approval of the Senate.
(24) Any User with a previous conviction for a High crime or Felony as defined under the Criminal Code of the Independent Order is disqualified from serving as a judge (unless sentence is commuted).
(25) Any User with previous convictions defined as Misdemeanours under the Criminal Code of the Independent Order is disqualified from serving as a judge if the previous conviction is less than three (3) months old.
(26) During hearings the role of the judge shall be as follows:- i. to keep order in the court ii. to guide prosecution and defence counsel as to procedure and protocol. iii. to reassure and inform witnesses when required iv. to ensure the hearings proceeds at a reasonable pace (it is assumed that as this is a message board that we would need to have a time restraint on each part of the case to be negotiated between judge, prosecution and defence in advance e.g 3 days for prosecution and defence to each present their case) v. where there is disputed evidence to rule on the admissibility or inadmissibility of such evidence vi. at the beginning of each hearing the judge should remind those present what the prosecution MUST prove for a guilty verdict (Intended to help all concerned in terms of case building and in the case of the judge reaching a verdict. Should happen at minimum during pre-trial to ease appeal process) vii. When required to give rulings (e.g evidence, objections raised) the judge must give detailed reasons for the decision, which may be revealed at the end of the trial if queried. In the case of the judgement the full judgement with reasons should be posted in a single post. The reasoning again is to help the appeals panel see what the judge was thinking. viii. After the final hearing of a case the Judge is required to publish any posts that guided his/her decision ix. the decisions of the Judge in the judgement must be based on the evidence presented otherwise there is an automatic ground for appeal. x. After the hearing the clerk is responsible for updating the precedent archive unless there is no clerk available in which case the judge is ultimately responsible.
(27) In the course of a hearing the Judge: i. MAY ask questions of the prosecution and defence counsel for clarification and procedural purposes only (unless either one is vacant or represented by litigant in person. In which case for the purposes of justice the judge may take on a more inquisitorial role) ii. MAY adjourn a case to a later date at the request of either counsel with the consent of another, or with the consent of both counsels if there is a reason why the Judge cannot be present. iii. MAY dismiss a case if no progress is made within a reasonable time frame (in accordance with point iv of section 26 above) iv. MAY charge counsel or a witness with contempt of court if the criteria of the Independent Order Criminal Code is met. v. MAY request discussions with counsel (to be done via PM and in a stated period during an adjournment) vi. MAY NOT discuss the details of the case with anyone except counsel and other judges. In the case of counsel only with both counsel present (see 27 v above)
(28) A Judge is expected to recuse (remove himself) from a case if there is a conflict of interest or other such serious reason that would affect his/her ability to judge the case before them fairly.
(29) During hearings a Judge may need to interpret wording within pieces of legislation the Judge is permitted to do any of the following: i. In order to remedy the situation at hand the Judge may use the mischief rule to interpret the intended will of the Senate (The judge may look at the legislation itself. The debate regarding the legislation or any notes attached to the legislation to infer the intended meaning of the legislation) ii. In order to avoid an absurd result the Judge may consider using the Golden Rule to depart from a word's normal or most frequent meaning. iii. If all else fails, the Judge should grab the Oxford World English dictionary and look up the meaning of the word in what is known as the literal rule.
The Judiciary
(30) All appointed judges shall be termed as members of the judiciary.
(31) The judiciary shall have their own sub forum within the High Court for their eyes and the Minister of Accountability’s eyes only (for discussion and opinion on cases, Minister of Accountability for impartial observation.)
(32) One judge shall be appointed by the Grand Chancellor to serve as Lord Chief Justice
(33) The role of the Lord Chief Justice shall be to liaise with the Minister of Justice on behalf of the Judiciary. (The Lord Chief Justice is not a government post)
(34) The Judiciary shall be subject to a quarterly review by a panel of five (5) executive ministers and Senators to be chaired by the Minister of Accountability and include the Minister of Justice.
(35) The Judiciary shall be represented at the review detailed in section 34 by the Lord Chief Justice or his authorized agent.
(36) As outlined within this Act certain offences will disqualify Judges from serving, this applies during their service as well.
The Clerk
(37) Clerks are appointed by the Minister of Justice.
(38) The role of the Clerk shall be as follows: i. To update the precedent archive with the judgement of each case once that case has finished. ii. To serve as the judge's liaison should there ever be cause to switch judge mid case. iii. To keep the court diary (how many cases are going on at the same time, when are cases set down for) iv. To relay messages from counsel and others to the Judge. v. To make sure that any questions asked by the judge comply with evidence guidelines vi. To record the process of court and serve as a reminder to the judge and to the counsel if process has not been followed or what process should be followed. vii. To provide and make sure that all parties have received the facts of the case. viii. To summarise the facts of the case in plain English. ix. To manage the process of the court itself. Unless the Clerk is not present in which case the role of the Clerk falls to that of the Judge.
(39) Upon passing of this legislation the Minister of Justice shall appoint a Clerk to establish the relevant threads required for the administration of the Judicial System.
The Precedent Archive
(40) The Precedent Archive shall be a sticky thread within the High Court.
(41) The Precedent Archive shall contain an index of cases by offence as per the Criminal Code of the Independent Order.
(42) Each entry in the Precedent Archive index will have the following format:
Case Name: Offence: Court: Judge: Verdict:
(43) Each individual entry in the Precedent Archive will start with the format as described in section 42 and contain the full text of the judgement in that case.
Counsel
(44)Definition- Counsel refers to legal representative and can be substituted for Prosecution, Defence, Claimant, Appellant, Respondent.
(45) Professionally Embarrassed- Associated normally with the defence but can apply to prosecution; simply put the client confesses to counsel something that is contrary to what they intend to testify to and counsel is unable to convince them to either confess to the court or not testify (the client plans to take the stand and lie). It may also mean where either counsel admits to a breach of process and/or where the defendant would no longer receive a fair trial because of their actions.
(46) The role of Counsel during the judicial process shall be as follows: i. to zealously represent their client's best interests and advise their client in the same way. ii. to give notice to the Judge (or the clerk) of availability dates for hearings promptly once proceedings are issued (see iii). iii. (Prosecution, Claimant or Appellant only) to issue proceedings (give notice to the court by means of a post) no less than one week before the proposed date for pre-trial hearing. The notice must include the name of the Defendant and the charge. iv. To give notice to the Court of any changes in their case v. To provide a bundle (copy of their evidence) to the Judge and other side at the Pre-trial hearing, this should include any witnesses or witness statements as well as any other evidence. vi. To ask to withdraw from the case should they become "Professionally Embarrassed" (failure to do so will result in being charged with contempt of court). vii. (Defence) may make a submission of no case to answer once the prosecution or claimant has closed its case but reasons must be given. viii. May request the Judge withdraw from the case if they have reason to believe a fair hearing is compromised, reasons must be given. ix. May seek clarity from the Judge about a line of questioning they wish to take. x. May seek leave to appeal the judgement at the close of a case but must cite the grounds for the appeal. A judge (not the same one who tried the case) or the Premier (in the absence of any other judge) must give leave for the appeal. xi. If counsel cannot be found then either side may be represented as Litigant in Person (The client himself) xii. To examine the evidence of the case before them.
Prosecution
(47) It is the responsibility of the Minister of Justice to determine whether a case should be prosecuted or not.
(48) The Minister of Justice may prosecute a case himself or may authorize someone else to carry out the prosecution.
(49) Having decided to prosecute a case the Minister of Justice or in his absence either the Premier or Vice Premier must issue proceedings (as per section 46 3) in a thread titled “Issued Proceedings” in the High Court within the limitation period for the offence and in the following format.
Name of Defendant Charge Detail of charge (summary) Proposed date of pre-trial hearing (no less than one week from issue of proceedings) Is bail to be opposed or not Signature (Premier/Vice Premier/Minister of Justice’s user name)
(50) The person who issues proceedings is required to inform the Defendant by PM of the proceedings so that equal preparation time is gained and a fair trial is ensured in this sense.
Defence
(51) The Defendant picks their own advocate.
(52) If the Defendant cannot find an advocate then the Court shall delay commencement of proceedings whilst it attempts to find a willing advocate for the Defendant.
(53) Should the Court not be able to find an advocate then as per section 46 xi the Defendant may represent themselves as a litigant in person.
Article Eight Procedural Objections and Applications
(54) Counsel are permitted to make any of the following objections or applications concerning the process of the trial, they are required to give reasons supporting the application, the Judge then decides whether to sustain or overrule the matter. i Objection to the Judge hearing the case ii Objection as to process taken by the Judge in conducting the hearing iii Objection as to conduct of opposing counsel iv Application for case to be dismissed (will normally result in a re-trial)
(55) The Defence may before opening its case make an application of no case to answer. To be successful this application must show that the Prosecution has failed to meet the basic requirements to suggest a reasonable degree of guilt on the part of the defendant. If successful the case is automatically dismissed.
Sentencing
(56) The Process at a sentencing hearing shall be as found under section 14 of this Act.
(57) If a court imposes a sentence outside the ranges indicated in the guideline it should state its reasons for doing so.
(58) These guidelines cover all laws which are applicable to the High Court when a criminal case is being pursued.
(59) The sentence must be just and proportionate and must never exceed the statutory maximum.
(60) The court should follow any guideline relevant to the case at hand.
(61) When sentencing a court should reflect the seriousness of the offence considering any mitigating or aggravating factors.
(62) A court should consider reductions for defendants that help to speed up the process of the court through their own actions.
Totality
(63) It is the principle of totality to: i. Reflect all offending behaviour before it is just and proportionate and to decide whether sentences should run concurrently or consecutively. ii. To address the offending behaviour together with the unique factors to the case. iii. To apply a sentence that is just and proportionate.
(64) Concurrent sentences are appropriate where:- i. Offences arise out of the same incident. ii. The series of offences are of the same kind. iii. Where to be passed the sentence should reflect the aggravated presence of associated offences.
(65) Consecutive sentences are appropriate where:- i. The offences are not related by either fact or incident. ii. Where the overall criminality is not sufficiently reflected by a concurrent sentence. iii. Where an offence would undermine any minimum tariffs. iv. Where to be passed the court should consider whether the sentence is just and proportionate.
Previous Offences
(66) Where an offender asks for previous criminal conduct to be taken into account the court shall: i. Decide whether to take previous criminal conduct into consideration (Where previous criminal conduct taken into consideration, pass a sentence which reflects all behaviour.) ii. Consider whether the offender has not hindered the prosecution and has otherwise demonstrated a genuine determination by the offender to make amends. iii. Previous offences should not be taken into consideration where: iii(i) The offences together are likely to attract a greater sentence iii(ii)It is in the intrest of justice to apply the matter as a seperate case entirely. iii (iii) The offence constitutes a breach of an earlier sentence. iii (iv)The previous conviction is not similar at all to the case in hand.
(67) The Court should only take offences into consideration whereby it does not offend the process of the court in such cases as: i. They do not conflict with the Prosecutors list of prior offences. ii. Where the date of the offences, relevant detail and other brief details about the offences has been made available to the court. iii. Where the defendant has agreed with the Clerk to permit the previous offences. iv. The defendant has admitted in open court the offences.
(68) If there is any doubt as to the admission under section 67 iv, the offence should not be taken into consideration
Sentencing Process
(69) It is the role of the court to: i. Determine the starting point of the sentence for the initial offence ii. Consider the aggravating and mitigating circumstances that justify an adjustment. In which case previous offences should be an aggravating circumstance. Where there is a large number of offences it may be agreeable to move beyond the normal range of the sentence. iii. Consider whether the admission of the offences is an indicator of the remorse of the defendant and a demonstration of steps taken to address the offending behaviour.
Aggravating Factors
(70) Aggravating Factors may include (but are not limited to) issues similar to the following i. Previous Convictions for similar offences (date relevant) ii. Seriousness of the offence iii. Bad conduct by the defendant between charge and sentence (may include breach of bail conditions, contempt of court, outbursts etc) iv. Defendant is of questionable character.
Mitigating Factors
(71) Mitigating Factors may include (but are not limited to) issues similar to the following First offence of this type (or first offence of this type for a 'reasonable' time) i. Good conduct by the defendant throughout the process ii. Defendant is of previous good character. iii. Defendant pleaded Guilty (Sentence reduction may be reduced by greater scale the earlier the guilty plea is made) iv. Defendant has other relevant circumstances (must be stated clearly in mitigation)
(72) When considering a sentence a Judge must consider precedents but may determine that there are significant circumstantial differences that distinguish the cases enough to render the precedent irrelevant.
Appeals
(73) There is no automatic right to appeal
(74) In order to seek leave to appeal an application to appeal must be lodged in the “Appeals” thread in the High Court no more than seven (7) days after the sentence at first instance is given.
(75) The application to appeal must contain the specific grounds on which the case is being appealed and who is appealing it.
(76) The appeal can only be judged on the grounds on which the appeal is brought
(77) The Judge at first instance may not hear the appeal
(78) It is the decision of the Judicial Committee of the Privy Council to give notice of a case that they intend to hear the appeal of.
(79) Appeals are heard by a panel of no less than three (3) Judges (Privy Councillors), but may have any number.
(80) All rules relevant to the case at first instance apply on appeal as well. (judge’s asking questions, objections etc)
(81) All rulings of the Judicial Committee of the Privy Council are to be recorded in the Precedent Archive
(82) The process of an Appeal hearing is as follows i. The chairing judge opens proceedings by stating the case details ii. The Appellant states the facts of the case, grounds of appeal and presents his argument as to why the appeal should be allowed iii. the Respondent states his argument as to why the appeal should be refused iv. the Appellant has the right to respond to the Respondent’s argument v. the Judges consider and deliver their ruling.
(83) The Judicial Committee of the Privy Council may do any of the following in terms of sentence i. Increase the sentence ii. Decrease the sentence iii. Quash the sentence
(84) The Judicial Committee of the Privy Council may if it deems it appropriate order a re-trial of the case.
Edited by Elpidia, 21st June 2014 - 12:11 AM.
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The Rt. Hon. Marquess Elpidia - Factbook - NS Page - EBC - Vignettes - Characters

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Achkaerin
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20th June 2014 - 08:51 PM
Post #2
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- Quote:
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(43) Each individual entry in the Precedent Archive will start with the format as described in section 41 and contain the full text of the judgement in that case
Slight typo this section should refer to the format stated in section 42 not 41.
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Elpidia
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21st June 2014 - 12:16 AM
Post #3
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The Rt. Hon.
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Fixed. Could we also perhaps get an explanation of the role of the Lord Chief Justice, I'm unsure of whether that would require a constitutional amendment.
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CGJ
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21st June 2014 - 11:46 PM
Post #4
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Franz Kaufmann (1886-1944)
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Proposing a lot of amendments here, don't have time to go through everything 
- Quote:
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(13) The following principles shall be the cornerstone of the Judicial Process: (i) The Defendant shall be innocent until proven guilty; (ii) A guilty verdict may only be reached if the judge is satisfied of guilt beyond all reasonable doubt; (iii) The accused has the right to face their accuser; (iv) The Court shall be both Inquisitorial and Adversarial in nature; (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.
- Quote:
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(i) Pre Trial 1. Only a single judge is required. 2. The Prosecution shall call for a session of court and file the indictment within the limitation period of the offence. 3. The Defence Counsel and Prosecution are required to agree to a date within seven (7) days of the indictment being filed, otherwise the judge shall select one on their behalf. 4. Evidence is submitted at this stage, but more evidence may be submitted later with the approval of a judge. 5. Defendant can commit intention to plea or submit a bail application.
(ii) Plea Hearing
1. Only a single judge is required. 2. The judge shall ensure the procedures in the Pre Trial were conducted fairly and in compliance with the provisions of this act. 3. The defendant shall issue their formal plea. If a defendant pleads guilty, the case shall move onto the Sentence Hearing. If the defendant pleads not guilty, then it shall move onto the Trial Hearing. 4. The prosecution and defence are required to 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 may ask for a likely sentence resulting from a particular plea. 6. The Judge shall then set an agreed date for the Trial or Sentence Hearing, providing 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 shall be sent by the Clerk to the Judge, Defence and Prosecution. 9. The Clerk shall also send evidence to the three judges that are to hear the case, the Defence and Prosecution.
(iii) Trial Hearing
1. There shall be three (3) judges during this stage. 2. The judges shall ensure the procedures in the Pre Trial were conducted fairly and in compliance with the provisions of this act. 3. Sitting judges shall listen to the evidence and may ask questions at any time. 4. The Prosecution shall open the case with a summary of the evidence and the indictment. The Defence shall also have an opportunity to present an opening statement. 5. The Prosecution shall put forward any witnesses or evidence. 6. Applications may be received by the Defence. 7. The Defence shall open their case, and may dispute evidence provided by the prosecution, provide their own evidence and call upon witnesses, including character witnesses. 8. The Prosecution and Defence summarise their arguments. 9. The Clerk shall then make their own summary for the Judges. 10. The Judges shall then retire and return with a verdict. 11. If proved guilty, a Sentencing Hearing date shall be set, otherwise the defendant shall be considered innocent.
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 | The Most Honourable Marquess CGJ PC Vice Chancellor
Coauthor of the Order's most viewed vignette series: Beaxander, as well as BeaXtra, 50 Shades of Chalk and Beaxotica.
Submitted Legislation The Kingdom of Dartfordia (Factbook - Vignettes - News - Press Office) Founding member of the Cross-Straits Treaty Alliance (CSTO), Commonwealth Treaty Organisation (CTO) and Congress of Albion (PAC). Member of the Cultural Exchange Treaty Organisation (CETO). Signatory to the Mundus Convention on Universal Rights (MCUR), Fair Seas Concordat (FSC) and Uppsala Convention. |
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Achkaerin
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1st July 2014 - 10:05 AM
Post #5
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- Elpidia
- 21st June 2014 - 12:16 AM
Fixed. Could we also perhaps get an explanation of the role of the Lord Chief Justice, I'm unsure of whether that would require a constitutional amendment. Let me clear up some confusion regarding this and try to make it a little clearer-
When I drafted this legislation I was attempting to maintain a semblance of Separation of Powers- what I envisage the Lord Chief Justice being is a judge who has seniority over the other judges- sort of like a mentor, teacher etc, he or she would also act as liaison between the judiciary and the executive. I would also stress that this person would have to be familiar with the JPSE Act and NOT hold any other executive position.
As such I would suggest that section 30 of the constitution be amended to include the Lord Chief Justice.
I further suggest that in order to bring Article V of the JPSE Act into force an amendment to section 40 of the constitution be made by rewording the section to the effect of the Premier retaining the power to appoint and dismiss judges with the support of the senate however judges are appointed to the judiciary and it makes more sense for judges to be appointed to a role not for a period to oversee cases- this would also benefit the clerk and Lord Chief Justice when it comes to the assignment of judges to specific cases.
Edited by Achkaerin, 1st July 2014 - 10:05 AM.
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Elpidia
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10th July 2014 - 04:45 PM
Post #6
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The Rt. Hon.
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This act has definitely been languishing. Either because we have been unwilling or unable to devote the time to going through it. Therefore I pledge that within 48 hours I will have an edited version of the bill ready for final approval.
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CGJ
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11th July 2014 - 12:01 AM
Post #7
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Franz Kaufmann (1886-1944)
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OP plz deliver
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 | The Most Honourable Marquess CGJ PC Vice Chancellor
Coauthor of the Order's most viewed vignette series: Beaxander, as well as BeaXtra, 50 Shades of Chalk and Beaxotica.
Submitted Legislation The Kingdom of Dartfordia (Factbook - Vignettes - News - Press Office) Founding member of the Cross-Straits Treaty Alliance (CSTO), Commonwealth Treaty Organisation (CTO) and Congress of Albion (PAC). Member of the Cultural Exchange Treaty Organisation (CETO). Signatory to the Mundus Convention on Universal Rights (MCUR), Fair Seas Concordat (FSC) and Uppsala Convention. |
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Elpidia
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13th July 2014 - 12:33 AM
Post #8
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The Rt. Hon.
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- Elpidia
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- CGJ
- 11th July 2014 - 12:01 AM
OP plz deliver As it was written, so shall it be.
JPSE The Judicial Procedures, Sentencing and Evidence Act (2014)
An Act to establish the Court Processes and Judicial Systems of the Independent Order.
Be it enacted by His Excellency the Grand Chancellor, by and with the advice and consent of the Senate, and by the authority of the same, as follows:
Short Title
(1) This act may be referred to as The Judicial Procedures, Sentencing and Evidence Act (2014).
Court Etiquette
(2) Criminal Cases (those prosecuted by the Attorney General or authorized agent) shall be named The Independent Order v [Defendant’s Name].
(3) Civil Cases (Those brought by one member against another member) shall be named [Claimant’s Name] v [Defendant’s Name].
(4) Counsel, Parties, Witnesses and the Judge may refer to the parties as any of the following: (i) My Client (ii) The Claimant (iii) The Defendant (iv) The Victim (v) The Appellant (Appeal Cases only) (vi) The Respondent (Appeal Cases only) (vii) By their user name (viii) By any title they possess
(5) Counsel must refer to each other as either “My learned friend” or Mr/Mrs/Ms [User Name] or by any title of nobility they possess.
(6) Counsel, Parties and Witnesses must at the minimum address and refer to the judge as either “Your Honour”, “Judge”, or “Sir/Ma’am”. The judge may also be addressed by any title of nobility that they possess.
(7) In the Appeal Court, Counsel is expected to address judges first by their formal title, followed by their username.
(8) The Judge is expected to refer to the Counsel first by their prefix or noble title, followed by their username.
(9) It is the responsibility of the Judge to maintain decorum in the court room, and it is the responsibility of Counsel to make it known if they believe the judge has erred in this responsibility.
(10) All those involved in a case are expected to inform the court if there is anything that may affect their participation in the case.
Court Hierarchy
(11) The court of first instance shall be the High Court.
(12) Appeals shall be heard by a Judicial Committee of the Privy Council.
Court Process
(13) The following principles shall be the cornerstone of the Judicial Process: (i) The Defendant is innocent until proven guilty; (ii) A guilty verdict may only be reached if the judge is satisfied of guilt beyond all reasonable doubt; (iii) The accused has the right to face their accuser; (iv) The Court shall be both Inquisitorial and Adversarial in nature; (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: (i) Pre Trial 1. Only a single judge is required. 2. The Prosecution shall call for a session of court and file an indictment within the limitation period of the offence. 3. The Defense Counsel and Prosecution are required to agree to a date within seven (7) days of the indictment being filed, otherwise the judge shall select one on their behalf. 4. Evidence is submitted at this stage, but more evidence may be submitted later with the approval of a judge. 5. The Defendant can commit intention to plea or submit a bail application.
(ii) Plea Hearing
1. Only a single judge is required. 2. The Judge shall ensure the procedures in the Pre Trial are conducted fairly and in compliance with the provisions of this act. 3. The Defendant shall issue their formal plea. If a Defendant pleads guilty, the case shall move onto the Sentence Hearing. If the Defendant pleads not guilty, then it shall move onto the Trial Hearing. 4. The Prosecution and Defense are required to 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 Defense Counsel may ask the Judge for a likely sentence resulting from a particular plea. 6. The Judge shall set an agreed date for the Trial or Sentence Hearing, providing directions to the Prosecution and Defense of how to proceed with the information that has been provided to the court. 7. Any difficulties with compliance with the Judge's decisions need to be presented at this time. 8. A formal notice of the date of the trial hearing shall be sent by the Clerk to the Judge, Defense and Prosecution. 9. The Clerk shall also send evidence to the three judges that are to hear the case, the Defense and Prosecution.
(iii) Trial Hearing
1. There shall be three (3) judges during this stage. 2. The judges shall ensure the procedures in the Pre Trial were conducted fairly and in compliance with the provisions of this act. 3. Sitting judges shall listen to the evidence and may ask questions at any time. 4. The Prosecution shall open the case with a summary of the evidence and the indictment. The Defense shall also have an opportunity to present an opening statement. 5. The Prosecution shall put forward any witnesses or evidence. 6. Applications may be received by the Defense. 7. The Defense shall open their case, and may dispute evidence provided by the prosecution, provide their own evidence and call upon witnesses, including character witnesses. 8. The Prosecution and Defense then summarize their arguments. 9. The Clerk shall then make their own summary for the Judges. 10. The Judges shall then retire and return with a verdict. 11. If the Judges return with a guilty verdict, a Sentencing Hearing date shall be set, otherwise the defendant shall be considered not guilty.
(iv) Sentencing Hearing
1. The Clerk shall read the charge and the verdict. 2. The Prosecution shall speak first and outline the facts of the case, including statutory requirements and extent of the breaches. All aggravating issues should be addressed. 3. Prosecution may also present mitigating arguments they feel are relevant. 4. Prosecution may draw attention to any precedent. 5. It is the duty of Prosecution to remind the court of its sentencing powers (if any). 6. Defense counsel shall then present the court with mitigating issues. 7. Defense may explain why a plea has been given. 8. The Prosecution may respond to the Defense Counsel's argument particularly if new points have been raised. Defense will have opportunity to counter this. 9. The judges may adjourn to consider the sentence 10. The judges shall then return to deliver the sentence.
Bail Hearing
(15) At the Pretrial hearing the Defense may make a bail application to the court, it is the responsibility of the Defense to make this application, failure to make this application may result in the defendant being remanded in custody, which shall be a temporary posting ban for the duration of the legal process this does not include 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 Defense 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 Defendant). (ii) The Defendant’s posting 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.
(21) Breaching of bail conditions once will result in a warning from the Judge. Persistent breaches will result in an automatic remanding of the Defendant into custody.
(22) Breached bail will not be looked on favorably by the Judge at trial and can be used to infer bad character on the part of the Defendant.
Judges
(23) Judges are appointed to the Judiciary by the Premier with the approval of the Senate.
(24) Any User with a previous conviction for a High crime or Felony as defined under the Criminal Code of the Independent Order is disqualified from serving as a judge (unless the crime is pardoned).
(25) Any User with previous convictions defined as Misdemeanors under the Criminal Code of the Independent Order is disqualified from serving as a Judge if the previous conviction is less than three (3) months old.
(26) During hearings the role of the Judge shall be as follows:- i. Maintaining order in the court ii. Guiding Prosecution and Defense Counsel in matters of procedure and protocol. iii. Reassuring and informing witnesses when required iv. Ensuring the hearings proceeds at a reasonable. v. Where there is disputed evidence, ruling on the admissibility or inadmissibility of such evidence vi. At the beginning of each hearing the Judge shall remind those present what the prosecution must prove for a guilty verdict vii. When required to give rulings (e.g evidence, objections raised) the Judge must give detailed reasons for the decision, which may be revealed at the end of the trial if queried. In the case of the judgment, the full judgment with the Judge’s opinion should be posted in a single post. viii. After the final hearing of a case the Judge is required to publish any posts that guided his/her decision. ix. The decisions of the Judge in the opinion must be based on the evidence presented otherwise there is an automatic ground for appeal. x. After the hearing the Clerk is responsible for updating the precedent archive unless there is no Clerk available in which case the Judge is ultimately responsible.
(27) In the course of a hearing the Judge: i. May ask questions of the Prosecution and Defense counsel for clarification and procedural purposes only (unless either party is vacant or the litigant is representing themselves, in which case the Judge may take on a more inquisitorial role.) ii. May adjourn a case to a later date at the request of either Counsel with the consent of another, or with the consent of both counsels if there is a reason why the Judge cannot be present. iii. May dismiss a case if no progress is made within a reasonable time frame (in accordance with point iv of section 26 above). iv. May charge Counsel or a witness with contempt of court if the criteria of the Criminal Code are met. v. May request discussions with counsel (to be done via PM and in a stated period during an adjournment). vi. May not discuss the details of the case with anyone except counsel and other judges. In the case of counsel only with both Counsel present.
(28) A Judge is expected to recuse (remove himself) from a case if there is a conflict of interest or other such serious reason that would affect his/her ability to judge the case fairly.
(29) During hearings a Judge may need to interpret wording within pieces of legislation the Judge is permitted to do any of the following: i. In order to remedy the situation at hand the Judge may use the mischief rule to interpret the intended will of the Senate (The judge may look at the legislation itself. The Senate debate of the legislation or any notes attached to the legislation may be used to infer the intended meaning of the legislation) ii. In order to avoid an absurd result the Judge may consider using the Golden Rule to depart from a word's normal or most frequent meaning. iii. If all else fails, the Judge shall use the plain meaning of the language used, in what is known as the literal rule.
The Judiciary
(30) All appointed judges shall be termed as members of the judiciary.
(31) The judiciary shall have their own private sub-forum within the High Court accessible only by themselves and and the Minister of Accountability.
(32) One judge shall be appointed by the Grand Chancellor to serve as Lord Chief Justice.
(33) The role of the Lord Chief Justice shall be to liaise with the Attorney General on behalf of the Judiciary. The Lord Chief Justice shall not be considered a governmental post.
(34) The Judiciary shall be subject to a quarterly review by a panel of five (5), composed of Privy Councilors and Senators to be chaired by the Minister of Accountability and include the Attorney General.
(35) The Judiciary shall be represented at the review detailed in the above section by the Lord Chief Justice or his authorized agent.
The Clerk
(36) Clerks are appointed by the Lord Chief Justice.
(37) The role of the Clerk shall be as follows: i. To update the precedent archive with the judgment of each case once that case has finished. ii. To serve as the judge's liaison should there ever be cause to switch judge mid-case. iii. To keep the court diary (how many cases are going on at the same time, and when court dates are set.) iv. To relay messages from Counsel and others to the Judge. v. To make sure that any questions asked by the Judge comply with evidence guidelines vi. To record the process of court and serve as a reminder to the judge and to the Counsel if process has not been followed or what process should be followed. vii. To provide and make sure that all parties have received the facts of the case. viii. To summarize the facts of the case in plain English. ix. To manage the process of the court itself, unless the Clerk is not present in which case the role of the Clerk falls to that of the Judge.
(38) Upon passing of this legislation the Attorney General shall appoint a Clerk to establish the relevant threads required for the administration of the Judicial System.
The Precedent Archive
(39) The Precedent Archive shall be a sticky thread within the High Court.
(40) The Precedent Archive shall contain an index of cases by offence as per the Criminal Code of the Independent Order.
(41) Each entry in the Precedent Archive index will have the following format:
Case Name: Offence: Court: Judge: Verdict:
(42) Each individual entry in the Precedent Archive will start with the format as described in the above section and contain the full text of the judgment in that case.
Counsel
(43)Definition- Counsel refers to legal representative and can be substituted for Prosecution, Defense, Claimant, Appellant, Respondent.
(44) Professionally Embarrassed- Associated normally with the Defense but can apply to Prosecution; Occurs when the client confesses to Counsel something that is contrary to what they intend to testify to and Counsel is unable to convince them to either confess to the court or not testify (the client plans to perjure). It may also mean where either Counsel admits to a breach of process and/or where the defendant would no longer receive a fair trial because of their actions.
(45) The role of Counsel during the judicial process shall be as follows: i. to zealously represent their client's best interests and advise their client in the same way. ii. to give notice to the Judge (or the Clerk) of availability dates for hearings promptly once proceedings are issued. iii. (Prosecution, Claimant or Appellant only) to issue proceedings (give notice to the court by means of a post) no less than one week before the proposed date for Pretrial hearing. The notice must include the name of the Defendant and the charge. iv. To give notice to the Court of any changes in their case v. To provide a bundle (copy of their evidence) to the Judge and the Defense at the Pretrial hearing, this should include any witnesses or witness statements as well as any other evidence. vi. To ask to withdraw from the case should they become "Professionally Embarrassed" (failure to do so will result in being charged with contempt of court). vii. The Defense may make a submission of ‘no case to answer’ once the prosecution or claimant has closed its case but reasons must be given. viii. May request the Judge withdraw from the case if they have reason to believe a fair hearing is compromised, reasons must be given. ix. May seek clarity from the Judge about a line of questioning they wish to take. x. May seek leave to appeal the judgment at the close of a case but must cite the grounds for the appeal. A judge (not the same one who tried the case) or the Grand Chancellor (in the absence of any other judge) must give leave for the appeal. xi. If counsel cannot be found then either side may be represented as Litigant in Person (The client himself) xii. To examine the evidence of the case before them.
Prosecution
(46) It is the responsibility of the Attorney General to determine whether a case should be prosecuted or not.
(47) The Attorney General may prosecute a case himself or may authorize someone else to carry out the prosecution.
(48) Having decided to prosecute a case the Attorney General, or in his absence either the Premier or Vice Premier, must issue proceedings in a thread titled “Issued Proceedings” in the High Court within the limitation period for the offence and in the following format.
Name of Defendant Charge Detail of charge (summary) Proposed date of Pretrial hearing (no less than one week from issue of proceedings) Is bail to be opposed or not Signature (Premier/Vice Premier/Attorney General’s user name)
(49) The person who issues proceedings is required to inform the Defendant by PM of the proceedings so that equal preparation time is gained and a fair trial is ensured in this sense.
Defense
(50) The Defendant picks his/her own advocate.
(51) If the Defendant cannot find an advocate the Court shall delay commencement of proceedings whilst it attempts to find a willing advocate for the Defendant.
(52) Should the Court not be able to find an advocate then the Defendant may represent themselves as a litigant in person.
Article Eight Procedural Objections and Applications
(53) Counsel are permitted to make any of the following objections or applications concerning the process of the trial, they are required to give reasons supporting the application, the Judge then decides whether to sustain or overrule the matter. i Objection to the Judge hearing the case ii Objection as to process taken by the Judge in conducting the hearing iii Objection as to conduct of opposing counsel iv Application for case to be dismissed (will normally result in a re-trial)
(54) The Defense may before opening its case make an application of ‘no case to answer.’ To be successful this application must show that the Prosecution has failed to meet the basic requirements to suggest a reasonable degree of guilt on the part of the defendant. If successful the case is automatically dismissed.
Sentencing
(55) If a court imposes a sentence outside the ranges indicated in the guideline it should state its reasons for doing so.
(56) The following guidelines cover all laws which are applicable to the High Court when a criminal case is being pursued.
(i) The sentence must be just and proportionate and must never exceed the statutory maximum.
(ii) The court should follow any precedent or guideline relevant to the case at hand.
(iii) When sentencing a court should reflect the severity of the offence considering any mitigating or aggravating factors.
(iv) A court should consider reductions for defendants that help to speed up the process of the court through their own actions.
Totality
(57) It is the principle of totality to: i. Reflect all offending behavior before it is just and proportionate and to decide whether sentences should run concurrently or consecutively. ii. To address the offending behavior together with the unique factors to the case. iii. To apply a sentence that is just and proportionate.
(58) Concurrent sentences are appropriate where:- i. Offences arise out of the same incident. ii. The series of offences are of the same kind. iii. Where to be passed the sentence should reflect the aggravated presence of associated offences.
(59) Consecutive sentences are appropriate where:- i. The offences are not related by either fact or incident. ii. Where the overall criminality is not sufficiently reflected by a concurrent sentence. iii. Where an offence would undermine any minimum tariffs. iv. Where to be passed the court should consider whether the sentence is just and proportionate.
Previous Offences
(60) Where an offender asks for previous criminal conduct to be taken into account the court shall: i. Decide whether to take previous criminal conduct into consideration (Where previous criminal conduct taken into consideration, pass a sentence which reflects all behaviour.) ii. Consider whether the offender has not hindered the Prosecution and has otherwise demonstrated a genuine determination by the offender to make amends. iii. Previous offences should not be taken into consideration where: (i) The offences together are likely to attract a greater sentence (ii)It is in the interest of justice to apply the matter as a separate case entirely. (iii) The offence constitutes a breach of an earlier sentence. (iv)The previous conviction is not similar at all to the case in hand.
(61) The Court should only take offences into consideration when it does not offend the process of the court in such cases as: i. They do not conflict with the Prosecutor’s list of prior offences. ii. Where the date of the offences, relevant details, and other brief details about the offences have been made available to the court. iii. Where the defendant has agreed with the Clerk to permit the previous offences. iv. The defendant has admitted in open court to the offences.
(62) If there is any doubt as to the admission under the above section, the offence should not be taken into consideration
Sentencing Process
(63) It is the role of the court to: i. Determine the starting point of the sentence for the initial offence ii. Consider the aggravating and mitigating circumstances that justify an adjustment. In which case previous offences should be an aggravating circumstance. Where there is a large number of offences it may be agreeable to move beyond the normal range of the sentence. iii. Consider whether the admission of the offences is an indicator of the remorse of the defendant and a demonstration of steps taken to address the offending behavior.
Aggravating Factors
(64) Aggravating Factors may include (but are not limited to) issues similar to the following: i. Previous Convictions for similar offences (date relevant) ii. Seriousness of the offence iii. Bad conduct by the defendant between charge and sentence (may include breach of bail conditions, contempt of court, outbursts, etc) iv. Defendant is of questionable character.
Mitigating Factors
(65) Mitigating Factors may include (but are not limited to) issues similar to the following i. First offence of this type (or first offence of this type for a 'reasonable' time) ii. Good conduct by the defendant throughout the process iii. Defendant is of previous good character. iv. Defendant pleaded Guilty (Sentence reduction may be reduced by greater scale the earlier the guilty plea is made) v. Defendant has other relevant circumstances (must be stated clearly in mitigation)
(66) When considering a sentence a Judge must consider precedents but may determine that there are significant circumstantial differences that distinguish the cases enough to render the precedent irrelevant.
Appeals
(67) There is no automatic right to appeal
(68) In order to seek leave to appeal, an application to appeal must be lodged in the “Appeals” thread in the High Court no more than seven (7) days after the sentence at first instance is given.
(69) The application to appeal must contain the specific grounds on which the case is being appealed and who is appealing it.
(70) The appeal can only be judged on the grounds on which the appeal is brought
(71) The Judge at first instance may not hear the appeal
(72) It is the decision of the Judicial Committee of the Privy Council to give notice of a case that they intend to hear the appeal of.
(73) Appeals are heard by a panel of no less than three (3) Judges (Privy Councillors), but may have any number.
(74) All procedures relevant to the case at first instance apply on appeal as well.
(75) All rulings of the Judicial Committee of the Privy Council are to be recorded in the Precedent Archive
(76) The process of an Appeal hearing is as follows i. The chairing Judge opens proceedings by stating the case details ii. The Appellant states the facts of the case, grounds of appeal, and presents his argument as to why the appeal should be allowed iii. the Respondent states his argument as to why the appeal should be refused iv. the Appellant has the right to respond to the Respondent’s argument v. the Judges consider and deliver their ruling.
(77) The Judicial Committee of the Privy Council may do any of the following in terms of sentence i. Increase the sentence ii. Decrease the sentence iii. Dismiss the sentence
(78) The Judicial Committee of the Privy Council may, if it deems it appropriate, order a re-trial of the case.
Constitutional Amendments
(79) In order to bring this act into effect, the following amendments are made to the Constitution of the Independent Order.
(78) The following section shall be added after section (23): “Should a Senator’s seat be vacated due to his being charged with a criminal offense, the Grand Chancellor shall appoint an Acting-Senator. If the Senator is found not guilty, he shall resume his office, if he is found guilty, he shall permanently vacate his office and a new Senator shall be appointed, according to law.”
(79) Section (28) shall be amended as follows: “(28) Upon election, the Premier shall appoint a Vice Premier, who will act in his absence should the Premier declare a formal leave of absence, be charged with a criminal offense, or should the Premier fail to log into the forum of The Independent Order for a period of seven (7) days.”
(80) The following section shall be added after section (35): “Should the Premier be found guilty of a criminal offense, he shall be stripped of his office, and the position shall be assumed by the Vice Premier.”
(81) Section (39) shall be amended as follows: “(39) Upon the submission of a case to the High Court, the Premier, with the consent of the Senate, shall appoint a panel of three (3) Judges to oversee the case. The Judges will serve until the case has reached a conclusion. A Judge may be appointed to oversee more than one case.”
(82) Section (42) shall be amended as follows: “(42) A Judge may not simultaneously hold any other office of the government of the Independent Order, other than Senator or positions created by the Imperial Administration Act.”
(83) The following sections shall be added after section (39): “(40) The Grand Chancellor shall appoint a Lord Chief Justice to be the head of the High Court. The Lord Chief Justice shall serve at the Grand Chancellor’s pleasure. (41) The Lord Chief Justice may also act as a judge in criminal and civil cases.”
(84) Remaining sections shall be re-numbered as necessary.
Edited by Elpidia, 13th July 2014 - 01:31 AM.
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The Rt. Hon. Marquess Elpidia - Factbook - NS Page - EBC - Vignettes - Characters

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Achkaerin
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13th July 2014 - 02:28 PM
Post #9
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- Quote:
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(81) Section (39) shall be amended as follows: “(39) Upon the submission of a case to the High Court, the Premier, with the consent of the Senate, shall appoint a panel of three (3) Judges to oversee the case. The Judges will serve until the case has reached a conclusion. A Judge may be appointed to oversee more than one case.”
Not exactly what I said- I suggested that the Premier with consent of the senate has the authority to appoint people as judges, it would be the responsibility of the Lord Chief Justice as Head of the High Court in cooperation with the Court Clerk to assign judges to cases. Also a more permanent appointment system such as this would enable the training aspect of the Lord Chief Justice's role to become more apparent and worthwhile.
- Quote:
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(82) Section (42) shall be amended as follows: “(42) A Judge may not simultaneously hold any other office of the government of the Independent Order, other than Senator or positions created by the Imperial Administration Act.”
The above point I made would render this mostly irrelevant at first instance and mostly unworkable on appeal. This should be amended to name the offices of Premier and Vice-Premier as offices prohibited from also serving as judges. The point I make in regard to appeals is that the Privy Council judicial panel could conceivably consist of government ministers if circumstances exist where the non-government members of the Privy Council are unable to serve as judges for the appeal.
Edited by Achkaerin, 14th July 2014 - 11:00 AM.
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CGJ
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28th July 2014 - 10:28 PM
Post #10
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Franz Kaufmann (1886-1944)
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This topic was locked for some reason. Unlocked.
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 | The Most Honourable Marquess CGJ PC Vice Chancellor
Coauthor of the Order's most viewed vignette series: Beaxander, as well as BeaXtra, 50 Shades of Chalk and Beaxotica.
Submitted Legislation The Kingdom of Dartfordia (Factbook - Vignettes - News - Press Office) Founding member of the Cross-Straits Treaty Alliance (CSTO), Commonwealth Treaty Organisation (CTO) and Congress of Albion (PAC). Member of the Cultural Exchange Treaty Organisation (CETO). Signatory to the Mundus Convention on Universal Rights (MCUR), Fair Seas Concordat (FSC) and Uppsala Convention. |
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Achkaerin
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30th July 2014 - 02:26 PM
Post #11
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Can I suggest we move this to a vote? (if that's proper procedure)
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CGJ
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30th July 2014 - 02:36 PM
Post #12
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Franz Kaufmann (1886-1944)
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Yup, i second this motion.
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 | The Most Honourable Marquess CGJ PC Vice Chancellor
Coauthor of the Order's most viewed vignette series: Beaxander, as well as BeaXtra, 50 Shades of Chalk and Beaxotica.
Submitted Legislation The Kingdom of Dartfordia (Factbook - Vignettes - News - Press Office) Founding member of the Cross-Straits Treaty Alliance (CSTO), Commonwealth Treaty Organisation (CTO) and Congress of Albion (PAC). Member of the Cultural Exchange Treaty Organisation (CETO). Signatory to the Mundus Convention on Universal Rights (MCUR), Fair Seas Concordat (FSC) and Uppsala Convention. |
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DaveIronside
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31st July 2014 - 10:29 AM
Post #13
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Bendix Landau (1880-1939)
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Seconded
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Matthew Vinage
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31st July 2014 - 12:29 PM
Post #14
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I also second this motion.
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The Rt. Hon. Count Matthew Vinage-Sovetskie EEN OR4 WE3
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Former Lord in the House of Lords of the NationStates Republic
Miscellaneous
Editor of NS Weekly (Gameplay News Service)
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CGJ
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31st July 2014 - 06:30 PM
Post #15
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Franz Kaufmann (1886-1944)
- Posts:
- 3,985
- Group:
- Vice Chancellor
- Member
- #16
- Joined:
- 14 October 2013
- NationStates Nation In Our Region
- Dartfordia
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With three seconds this motion carries.
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 | The Most Honourable Marquess CGJ PC Vice Chancellor
Coauthor of the Order's most viewed vignette series: Beaxander, as well as BeaXtra, 50 Shades of Chalk and Beaxotica.
Submitted Legislation The Kingdom of Dartfordia (Factbook - Vignettes - News - Press Office) Founding member of the Cross-Straits Treaty Alliance (CSTO), Commonwealth Treaty Organisation (CTO) and Congress of Albion (PAC). Member of the Cultural Exchange Treaty Organisation (CETO). Signatory to the Mundus Convention on Universal Rights (MCUR), Fair Seas Concordat (FSC) and Uppsala Convention. |
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