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Vote: Prosecution Service Act (2015)
Topic Started: 2nd April 2015 - 03:17 PM (411 Views)
Tytor
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The following bill is now up for vote.
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.
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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Aye.
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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DaveIronside
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Aye
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Achkaerin
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Aye.
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DaveIronside
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Bendix Landau (1880-1939)
With 3/5 votes I think we can send this upstairs. Especially as we're coming to the end of the government's term.
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Sekkanar
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Aye
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DaveIronside
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Bendix Landau (1880-1939)
Can we get this moved to the Chancellor please.
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El Presidente
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Apparently we can with one term delay. 4/5 Ayes. One non-voting Senator.
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