Author Topic: Judiciary Act (2017)  (Read 3620 times)

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Offline CGJ

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Judiciary Act (2017)
« on: September 11, 2017, 09:55:11 PM »
Judiciary Act (2017)

An act to establish a new appellate court to replace existing structures, allow for the effective prosecution of offenders, establish a Code of Conduct, amend the Judicial Procedures, Sentencing and Evidence Act (JPSE) (2014) and Judiciary Act (2014), and for connected purposes.

BE IT ENACTED by Her Excellency the Grand Chancellor, exercising powers under section (4) of the State of Emergency Order (2017), and with the advice and consent of the Council of Nobility, as follows:

Judicial Committee of the Chancellory

(1) The highest appellate court of The Independent Order shall be the Judicial Committee of the Chancellory (the ‘Judicial Committee’).

(2) The Judicial Committee shall be made up of every active and willing member of the Nobility, as determined by Order.

(3) When a case is submitted for appeal from the High Court, the Lord Chief Justice shall review the grounds of appeal and decide on their validity.

(4) Should it be decided that the case shall be heard, then the Lord Chief Justice must appoint at least three (3) judges to hear the case.

(5) No member on the list may be selected if:-
(a) They are the appellant or defendant;
(b) They were the Judge at first instance;
(c) They were an official party (including witness, claimant, defendant, victim, etc.) at first instance; or
(d) The Regional Assembly, by majority, votes to prohibit them from sitting.

(6) Should the Lord Chief Justice fall into a category under section (5), then the decision to appoint judges under sections (3) and (4) shall be made by the following:
(a) Grand Chancellor;
(b) Vice Chancellor;
(c) Premier;
(d) Chancellor Emeritus (in order of precedence);
(e) Speaker of the Assembly; then, if all the above fall into a category under section (5) or are unwilling to make such an appointment,
(f) By majority vote, the Regional Assembly.

(7) Should the number of available judges be fewer than 3, then the Grand Chancellor may, by Order and with the advice of the Lord Chief Justice, appoint members beyond the Nobility to hear the case.

(8) The provisions in this Chapter shall not normally extend to cases appealed from the Roleplay Magistrate. However, should the Lord Chief Justice have a conflict of interest in such a case:
(a) The Grand Chancellor shall appoint a member from the list in section (2) to hear the case; or
(b) Should the Grand Chancellor also have a conflict of interest, then the provision in section (6) shall apply to this section.

(9) The Grand Chancellor must submit a list, by Order, under section (2) within thirty (30) days of this Act coming into force. This list may be amended, by Order, and must be reviewed at regular intervals.

Banning and Charging Members

(10) The Grand Chancellor, and:
(a) A moderator or administrator contained within Annex III of the Zetaboards Terms of Service Act (2015) on the forum, or;
(b) any moderator or administrator with sufficient privilege on Discord,
may ban a member if there is reason to believe they have acted contrary to the Criminal Code (2013).

(11) The Grand Chancellor or relevant moderator or administrator may extend the ban to include both the forum and Discord.

(12) For High Crimes and Felonies, the Grand Chancellor or relevant moderator or administrator must formally press a charge against a banned user in the High Court within 72 hours of the ban taking effect.

(13) For Misdemeanours, the Grand Chancellor or relevant moderator or administrator must formally press a charge against a banned user in the High Court within 12 hours of the ban taking effect.

(14) Should no charge be received within the specified times, then the ban shall be lifted. The specified time shall be considered to be the time of the initial ban.

(15) No member may be banned more than once for the same crime, unless new evidence is brought to light.

(16) In certain circumstances it may be appropriate for the Grand Chancellor, or a moderator or administrator, to warn a member on the forum or Discord, or kick a member on Discord, committing a misdemeanour. Any warning or kick prior to a ban or charge shall be admissible in court.

(17) Section (20) of the Judicial Procedures, Sentencing and Evidence Act (JPSE) (2014) shall apply to a member banned under section (10) of this Act.

(18) A member may still be charged without their account being banned, and the Grand Chancellor may ban a member following a charge being filed.

(19) Sections (10-17) of this Act shall not apply to members banned for breaching the Zetaboards Terms of Service Act (2014) or Discord (Terms of Service) Act (2016).

(20) The Order Prosecution Service Act (2015) shall be repealed.

Code of Conduct

(21) The Grand Chancellor shall, with the advice and consent of the Regional Assembly, establish a Code of Conduct (herein ‘Code’) by Order.

(22) The Code shall include what is considered unacceptable behaviour and may include guidelines on acceptable behaviour on both the forum and Discord channel.

(23) The Code shall have no formal legal standing, but all provisions within the code must have a clear basis in law, and it shall be considered admissible evidence in court.

(24) The Grand Chancellor must lay down a draft Code within 90 days of this Act coming into force. Prior to this period, the Grand Chancellor must consult with the Premier and Lord Chief Justice on its provisions.

(25) The Grand Chancellor may amend or replace the Code by Order, with the advice and consent of the Regional Assembly, and following consultation with the Premier and Lord Chief Justice

Amendments to the Judicial Procedures, Sentencing and Evidence Act (JPSE) (2014)

(26) In Sections (10), (12), (78), (81), (83) and (84) the words ‘Privy Council’ shall be replaced with ‘Chancellory.’

(27) In section (15) shall be replaced with:
“(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 (banned from accessing the forums or Discord channel).”

(28) Section (20) shall be replaced with:
“(20) The Defendant shall have the right to contact their counsel. Should they be banned form both the forum and Discord channel, they may further contact their counsel via NationStates or privately via Discord, or by any other means agreed suitable.”

(29) Section (23) shall be replaced with:
“(23) Judges shall be appointed by the Premier by Executive Order, with the consent of the Regional Assembly.”

(30) Section (31) shall be replaced with:
“The judiciary shall have their own private sub forum within the High Court.”

(31) Sections (33-35) shall be repealed.

(32) In Sections (37), (39), (47), (48), and (49), the words ‘Minister of Justice’ shall be replaced by ‘Lord Chief Justice.’

Amendments to the Judiciary Act (2014)

(33) In sections (5) and (17) the words ‘Attorney General’ shall be replaced with ‘Lord Chief Justice.’

(34) Section (6) shall be replaced with:
“Judges shall be appointed and dismissed in accordance with the provisions of the Judicial Procedures, Sentencing and Evidence Act (JPSE) (2014)."

(35) Sections (8), (19) and (20) shall be repealed.

(36) In section (10) the words ‘Attorney General (supervisory capacity)’ shall be removed.

Miscellaneous Provisions

(37) Where in other legislation any reference is given to the ‘Minister of Justice’ or ‘Attorney General’, these shall be considered to read ‘Lord Chief Justice.’

(38) Where in other legislation any reference is given to the ‘Judicial Committee of the Privy Council’, it shall be considered to read ‘Judicial Committee of the Chancellory.’

[big]Explanatory note (not part of Act)[/big]

This is a complicated Act that makes a number of connected changes.

Article 1 of the Act establishes the Judicial Committee of the Chancellory, replacing the Judicial Committee of the Privy Council, and makes provision for the appointment of judges, selection of judges to a particular case and mandates a list of available judges to be published by Order.

Article 2 repeals the Order Prosecution Service Act and empowers the Grand Chancellor (and others) to press charges against a user suspected of committing a crime. It also allows the Grand Chancellor (and others) to ban a member from the forum and/or Discord for committing a crime, prior to charges being filed.

Article 3 mandates that the Grand Chancellor establish a Code of Conduct. The Code will outline acceptable and unacceptable behaviours, but anything outlined must be greedy the Regional Assembly and will not constitute law.

Articles 4 and 5 make amendments to the Judicial Procedures, Sentencing and Evidence Act (JPSE) (2014) and Judiciary Act (2014) to bring them into line with existing legislation, and to update them in accordance with other provisions in this Act.
The Most Honourable Marquess CGJ
Vice Chancellor


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