Post by Roylaii on Apr 9, 2022 6:32:57 GMT
Juries and Contempt Act
Having authored the statute that allows for Jury trial, this legislation intends to set out how a jury is selected and how it should function. This Act will also empower Judicial Officers to punish those who disobey orders or misbehave in their court.
The intention of the Jury is to simulate the wider regional opinion when determining if a nation has offended against the region and its members.
Juries
A nation must be a member of the Assembly to become a juror.
A nation is disqualified to become a juror if;
- Are a sitting regional officer, elected or not. This includes the Founder
- Have at any time been Attorney-General or Judicial Officer in a full capacity.
- Have been convicted of the same or particularly similar crime within the past six months
Jurors will be selected at random from the Assembly by the Founder and a list is to published of the jurors, unless doing so would endanger the jurors.
Jurors cannot resign, but can be excused on the following grounds at any time:
- CTE
- Inactivity exceeding 10 days
- Personal circumstances, such as bereavement.
Jurors should not while in the capacity of a juror, review the any facts or legislation beyond that which is presented in court.
Jurors can be challenged by the defence and the prosecution and thus removed by the satisfaction of the presiding Judicial Officer on the following grounds:
- Juror is not indifferent between the parties
Jurors are to reach a unanimous verdict
In the instance a unanimous verdict is not, or cannot, be reached the court may then accept a majority verdict if:
- Having retired to consider its verdict, has deliberated for at least 4 hours
-- That having done so and a unanimous verdict cannot be reached
Failure to attend constitutes contempt of court unless:
- Time zone issues can be proven to have prevented their attendance
- Personal circumstances, such as bereavement
Contempt of Court
Misbehaviour
If the presiding Judicial Officer believes that any person is wilfully disrupting the proceedings of a court; or
Wilfully and without lawful excuse disobeying any order or direction of the court in the course of the hearing of any proceedings.
The Judicial Officer may then order that the person be excluded from the sitting of the court.
If the member in question is on the Jury during deliberation or not they are to be removed permanently and replaced as soon as possible.
Exclusion prevents the member in question from commenting during the trial and in certain circumstances, blocked from viewing the trial.
Only the presiding Judicial Officer may reverse the exclusion unless such an exclusion is judged to be unjust by the founder. Misuse of the power to exclude is an abuse of power.
Related Criminal Offences
Perjury - Although this could be seen as "Deceptive acts" as defined by the Criminal code it warrants special attention. Perjury is the act of knowingly lying or providing false information in court.
Forcing another member to perjury themselves is a serious criminal offense as it is a significant subversion of justice.
The deliberations, including opinions expressed and arguments used, of the Jury are strictly confidential and private and publishing or making known the deliberations without the consent of the jury is a criminal offence.
Having authored the statute that allows for Jury trial, this legislation intends to set out how a jury is selected and how it should function. This Act will also empower Judicial Officers to punish those who disobey orders or misbehave in their court.
The intention of the Jury is to simulate the wider regional opinion when determining if a nation has offended against the region and its members.
Juries
A nation must be a member of the Assembly to become a juror.
A nation is disqualified to become a juror if;
- Are a sitting regional officer, elected or not. This includes the Founder
- Have at any time been Attorney-General or Judicial Officer in a full capacity.
- Have been convicted of the same or particularly similar crime within the past six months
Jurors will be selected at random from the Assembly by the Founder and a list is to published of the jurors, unless doing so would endanger the jurors.
Jurors cannot resign, but can be excused on the following grounds at any time:
- CTE
- Inactivity exceeding 10 days
- Personal circumstances, such as bereavement.
Jurors should not while in the capacity of a juror, review the any facts or legislation beyond that which is presented in court.
Jurors can be challenged by the defence and the prosecution and thus removed by the satisfaction of the presiding Judicial Officer on the following grounds:
- Juror is not indifferent between the parties
Jurors are to reach a unanimous verdict
In the instance a unanimous verdict is not, or cannot, be reached the court may then accept a majority verdict if:
- Having retired to consider its verdict, has deliberated for at least 4 hours
-- That having done so and a unanimous verdict cannot be reached
Failure to attend constitutes contempt of court unless:
- Time zone issues can be proven to have prevented their attendance
- Personal circumstances, such as bereavement
Contempt of Court
Misbehaviour
If the presiding Judicial Officer believes that any person is wilfully disrupting the proceedings of a court; or
Wilfully and without lawful excuse disobeying any order or direction of the court in the course of the hearing of any proceedings.
The Judicial Officer may then order that the person be excluded from the sitting of the court.
If the member in question is on the Jury during deliberation or not they are to be removed permanently and replaced as soon as possible.
Exclusion prevents the member in question from commenting during the trial and in certain circumstances, blocked from viewing the trial.
Only the presiding Judicial Officer may reverse the exclusion unless such an exclusion is judged to be unjust by the founder. Misuse of the power to exclude is an abuse of power.
Related Criminal Offences
Perjury - Although this could be seen as "Deceptive acts" as defined by the Criminal code it warrants special attention. Perjury is the act of knowingly lying or providing false information in court.
Forcing another member to perjury themselves is a serious criminal offense as it is a significant subversion of justice.
The deliberations, including opinions expressed and arguments used, of the Jury are strictly confidential and private and publishing or making known the deliberations without the consent of the jury is a criminal offence.
