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Debate: The Prosecution Act (2015)
Topic Started: 18th February 2015 - 05:51 PM (536 Views)
Tytor
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The following bill, presented by Achkaerin, will be up for debate until at least 2/21/2015. Bicker away.
Quote:
 
The Order Prosecution Service Act (2015)

An Act to establish the Prosecuting Authority of the Independent Order

Be it enacted by Her 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 Prosecution Act 2015, or the O.P.S Act 2015.

Judiciary

(2) Under this Act the Prosecuting Authority of the Independent Order, hereafter referred to as the Order Prosecution Service (O.P.S) is hereby established within the High Court.

(3) Any member of the Independent Order may apply to be a member of the OPS provided they are a 'qualified' person as per the JPSE Act 2014.

(4) Members who meet the application criteria will undergo an educational course at the Elpidia Law School. Those who pass shall be considered for enrollment in the OPS.

(5) The educational course at the Elpidia Law School shall be administered by the Attorney General or his authorized agent.

(6) It is the responsibility of the Head of the OPS to appoint and dismiss members of the OPS. In the case of dismissing members reasons must be made known to the Attorney General.

(7) The Attorney General, with the agreement of the Senate is responsible for appointing and removing the Head of the OPS.

(8) The head of the OPS of the Independent Order shall be afforded the title Chief Prosecutrix.

OPS Hierarchy

(9) The OPS hierarchy shall be as follows (from most senior to least senior)

  • Chief Prosecutrix
  • Vice Prosecutrix
  • Excellency's Counsel
  • Assembly's Counsel
  • Advocate
  • Pupil Advocate


Administration

(10) Upon passage of this Act a sub forum within the High Court shall be created and titled OPS- it shall be visible only to the Chancellery, Attorney General, Head of the Office of Accountability and members of the OPS.

(11) The purpose of the OPS sub forum is to allow for the efficient administration and smooth running of prosecutions during court proceedings.

(12) The OPS may, if it deems it necessary for the purposes of accuracy and justice, alter the charges on an indictment at any point prior to the main trial hearing, such changes will entail the notification of all other parties (including the judge) and the understanding that if the pre-trial hearing has started that time will need to be set aside for the Defence to determine a response.

(13) The OPS may, if it deems it necessary for the purposes of accuracy and justice, alter the charges before an indictment is served, by informing the Court Clerk (in such cases the Clerk shall then relay the information to the Attorney General and Lord Chief Justice).

Chief Prosecutrix

(14) It is the responsibility of the Chief Prosecutrix to promote or dismiss members of the OPS. In the case of dismissals they must give reasons to the Attorney General.

(15) The Chief Prosecutrix shall on the filing of a charge on the 'Charge Sheet' make it known to the OPS for the purpose of assigning an advocate to the case. Should the Chief Prosecutrix be unavailable to do this then the Vice Prosecutrix shall be assumed to carry the authority to do so.

Purpose

(16) It is not the responsibility of the OPS to investigate the charges, instead the role of the OPS is to present one side of a dispute which together with the side of the dispute presented by the defence, the inquisitorial allowances of the judge and the evidence shall form the investigation in court.
His Majesty Michael the First, by the Grace of God, King of Tytor and her Colonies, and Lord Protector of Floodwater

His Excellency Juvenal Massaquoi, President of Ubakasa, Protector of the Revolution, and Father of His People

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Tytor
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...Hello? Senators?
His Majesty Michael the First, by the Grace of God, King of Tytor and her Colonies, and Lord Protector of Floodwater

His Excellency Juvenal Massaquoi, President of Ubakasa, Protector of the Revolution, and Father of His People

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Former Governor-General of The Infinite Alliance
Former Ambassador to Albion and the Global Right Alliance
Former Vice Premier and Speaker of the Senate of the Independent Order
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Sekkanar
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I'll take a stab at it...

Do we really have a strong need for something like this? It's not like we have court cases very often.

Do we have enough people with the time and will to take part in the OPS? I mean, we're having trouble getting the Assembly to function right now and our military's only got four people in it, so how could we expect to have the people to keep this running?

Shouldn't we have some sort of defence service to balance out the prosecution service, or could we just draw prosecutors and defenders from the same body and rename this the Order Legal Service or something similar?
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Achkaerin
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The ideal is to always not need something like this- however that doesn't mean that this shouldn't exist in fact it really should even if it only puts the prosecuting advocates (when we get them) minds at rest. The proposed Act is designed to give the court cases as much of a level playing field as possible and keep the discussions of the prosecution and case allocations thereof confidential thereby giving them a layer of protection.

Recruiting people is going to be a challenge yes but I think we've got people who would be prepared to participate.

I have no plans for a defence service similar to this- the OPS would exist for a very simple reason: in the event of a court case it will be much harder on the prosecutor than the defence. The defendant has the right to seek their own advocate or represent themselves as a litigant in person under JPSE and with the presumption of innocence their job is fundamentally easier.

The prosecution has a specific job and let's consider what we're asking a user to do in prosecuting a case here- we're asking them to compile a case against a fellow member of this region and should negotiation and mediation fail prosecute that case in court this is not something that everyone's going to be comfortable doing. Also in the event of a court case the most important aspect is finding a prosecutor- therefore having a designated group of people makes sense. On both these points I believe this proposed Act becomes a necessity.

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DaveIronside
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Bendix Landau (1880-1939)
I agree, I'd prefer to have this and not need it than need it and not have it.....if that makes sense. I think the recruitment issue is one we need to look at next term for a few things but this should stand.
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M..M...Mr...Mr...S-Speak-er – Can I suggest a few formatting/styling/linguistic alterations? :)
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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).
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Tytor
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Shoot.
His Majesty Michael the First, by the Grace of God, King of Tytor and her Colonies, and Lord Protector of Floodwater

His Excellency Juvenal Massaquoi, President of Ubakasa, Protector of the Revolution, and Father of His People

Factbook -- News -- Press Office

Former Governor-General of The Infinite Alliance
Former Ambassador to Albion and the Global Right Alliance
Former Vice Premier and Speaker of the Senate of the Independent Order
Professional Procrastinator

In firm opposition to Donald Trump's inevitable reelection campaign in 2020

Non-partisan and proud of it

"A witty saying proves nothing." - Voltaire
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CGJ
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Franz Kaufmann (1886-1944)
Okay, here are my amendments...erm...I highlighted in red the line I'm a bit confused with. I can't find anything about qualifications within JPSE?

Also i didn't track changes...I made a lot but haven't changed what the act is trying to say.

Quote:
 
Prosecution Service Act (2015)
An Act to establish the Prosecuting Authority of the Independent Order

Be it enacted by Her 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 Prosecution Service Act (2015) or as the OPS Act (2015).

Establishment

(2) The Prosecuting Authority of the Independent Order, herein the Order Prosecution Service (OPS), is hereby established, and shall serve within the High Court.

Qualifications to Join

(3) Any member of the Independent Order may apply to be a member of the OPS provided they are a 'qualified' person as per the JPSE Act 2014.

(4) Members who meet the application criteria will be required to undergo an educational course at the Elpidia Law School. Prospective members who pass the educational course shall be considered for enrollment in the OPS.

(5) The educational course at the Elpidia Law School shall be written, organised and administered by the Attorney General or their authorised agent.

Head of the Order Prosecution Service (Chief Prosecutrix)

(6) The Head of the Order Prosecution Service (herein the HOPS), shall be the Chief Prosecutrix of the Independent Order.

(7) The Attorney General shall be responsible, with the advice and consent of the Senate, for the appointment or dismissal of the HOPS.

(8) It is the responsibility of the HOPS, with the advice of the Attorney General, to appoint and dismiss members of the OPS.

(9) The Chief Prosecutrix shall, on the filing of a charge on the 'Charge Sheet' topic, inform the OPS for the purpose of assigning an advocate to the case.

(10) Should the Chief Prosecutrix be unavailable to fulfil their duties or obligations, or is on leave of absence, the Vice Prosecutrix shall be assumed to inherit the power and authority of the Chief Prosecutrix.

OPS Hierarchy

(11) The OPS hierarchy shall be as follows:
(a) Chief Prosecutrix;
(b) Vice Prosecutrix;
(c) Excellency's Counsel;
(d) Assembly's Counsel;
(e) Advocate;
(f) Pupil Advocate.

Administration

(12) Upon passage of this Act a private subforum, accessible only to the Chancellory, Attorney General and members of the OPS, shall be created within the High Court to allow for the efficient administration of prosecutions during court proceedings.

(13) The OPS may, if it deems it necessary for the purposes of accuracy and justice, alter the charges on an indictment at any point prior to the main trial hearing, such changes will entail the notification of all other parties (including the judge) and the understanding that if the pre-trial hearing has started that time will need to be set aside for the Defence to determine a response.

(14) The OPS may, if it deems it necessary for the purposes of accuracy and justice, alter the charges before an indictment is served, by informing the Court Clerk (in such cases the Clerk shall then relay the information to the Attorney General and Lord Chief Justice).

Purpose and Interpretations

(15) It is not the responsibility of the OPS to investigate the charges, instead the role of the OPS is to present one side of a dispute which together with the side of the dispute presented by the defence, the inquisitorial allowances of the judge and the evidence shall form the investigation in court.

(16) For the purposes of this Act:
(a) 'Attorney General' refers to the member that occupies the justice portfolio;
(b) 'Chancellory' refers to the Grand Chancellor, Vice Chancellor and Chancellor Emeritus.
Posted ImageThe 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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This may be my bad- this Act is basically a copy and paste followed by adaptation of the Judiciary Act. So the provisions for a qualified person under JPSE are for Judges as per sections 24 and 25 of JPSE (below)

Relevant JPSE Sections
 


(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.


I propose that the section CGJ highlighted red be amended to:

"(3) Any member of the Independent Order may apply to be a member of the OPS provided they are a 'qualified' person as defined in sections (4) and (5) of this Act."

And that we then add the above sections in amended form as follows:

"(4) 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 Prosecutor (unless sentence is commuted).

(5) Any User with previous convictions defined as Misdemeanours under the Criminal Code of the Independent Order is disqualified from serving as a Prosecutor if the previous conviction is less than three (3) months old."

We would renumber following sections accordingly.
Edited by Achkaerin, 24th February 2015 - 04:20 PM.
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DaveIronside
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CGJ
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Franz Kaufmann (1886-1944)
I've taken on Ach's suggestion and formatted them slightly differently, with changes in black (:P):

Quote:
 
Prosecution Service Act (2015)
An Act to establish the Prosecuting Authority of the Independent Order

Be it enacted by Her 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 Prosecution Service Act (2015) or as the OPS Act (2015).

Establishment

(2) The Prosecuting Authority of the Independent Order, herein the Order Prosecution Service (OPS), is hereby established, and shall serve within the High Court.

Qualifications to Join

(3) Any member of the Independent Order may apply to be a member of the OPS provided they are not disqualified from serving, as defined by section (4) of this Act.

(4) A disqualified member is a member who:
(a) Has had a previous conviction for a High Crime or Felony, as defined by the Criminal Code (2013); or
(b) Has had been convicted of committing a Misdemeanour, as defined by the Criminal Code (2013), within the previous three months; and
(c) Has not had their conviction commuted.


(5) Members who meet the application criteria will be required to undergo an educational course at the Elpidia Law School. Prospective members who pass the educational course shall be considered for enrollment in the OPS.

(6) The educational course at the Elpidia Law School shall be written, organised and administered by the Attorney General or their authorised agent.

Head of the Order Prosecution Service (Chief Prosecutrix)

(7) The Head of the Order Prosecution Service (herein the HOPS), shall be the Chief Prosecutrix of the Independent Order.

(8) The Attorney General shall be responsible, with the advice and consent of the Senate, for the appointment or dismissal of the HOPS.

(9) It is the responsibility of the HOPS, with the advice of the Attorney General, to appoint and dismiss members of the OPS.

(10) The Chief Prosecutrix shall, on the filing of a charge on the 'Charge Sheet' topic, inform the OPS for the purpose of assigning an advocate to the case.

(11) Should the Chief Prosecutrix be unavailable to fulfil their duties or obligations, or is on leave of absence, the Vice Prosecutrix shall be assumed to inherit the power and authority of the Chief Prosecutrix.

OPS Hierarchy

(12) The OPS hierarchy shall be as follows:
(a) Chief Prosecutrix;
(b) Vice Prosecutrix;
(c) Excellency's Counsel;
(d) Assembly's Counsel;
(e) Advocate;
(f) Pupil Advocate.

Administration

(13) Upon passage of this Act a private subforum, accessible only to the Chancellory, Attorney General and members of the OPS, shall be created within the High Court to allow for the efficient administration of prosecutions during court proceedings.

(14) The OPS may, if it deems it necessary for the purposes of accuracy and justice, alter the charges on an indictment at any point prior to the main trial hearing, such changes will entail the notification of all other parties (including the judge) and the understanding that if the pre-trial hearing has started that time will need to be set aside for the Defence to determine a response.

(15) The OPS may, if it deems it necessary for the purposes of accuracy and justice, alter the charges before an indictment is served, by informing the Court Clerk (in such cases the Clerk shall then relay the information to the Attorney General and Lord Chief Justice).

Purpose and Interpretations

(16) It is not the responsibility of the OPS to investigate the charges, instead the role of the OPS is to present one side of a dispute which together with the side of the dispute presented by the defence, the inquisitorial allowances of the judge and the evidence shall form the investigation in court.

(17) For the purposes of this Act:
(a) 'Attorney General' refers to the member that occupies the justice portfolio;
(b) 'Chancellory' refers to the Grand Chancellor, Vice Chancellor and Chancellor Emeritus.
Posted ImageThe 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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I'm happy with what C's formatted (though it's gold not black- very funny)

Anyhow I motion that this be taken to a vote.
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DaveIronside
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Seconded
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Tytor
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I'll go ahead and second the motion as well, at which point the motion carries. Moving to vote.
His Majesty Michael the First, by the Grace of God, King of Tytor and her Colonies, and Lord Protector of Floodwater

His Excellency Juvenal Massaquoi, President of Ubakasa, Protector of the Revolution, and Father of His People

Factbook -- News -- Press Office

Former Governor-General of The Infinite Alliance
Former Ambassador to Albion and the Global Right Alliance
Former Vice Premier and Speaker of the Senate of the Independent Order
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