Criminal Justice Act 2003
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Official Commonwealth House Site -- Ibrosia.tk
• Official Commonwealth House Site -- Ibrosia.tk
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The Criminal Justice Act An Official Act of the Government of the Great Commonwealth of the Ibrosian Democracy æcté d’wesetilk d’ŷe grande wealth d’commune dek Lk’esoeseak-Iboroseỗ Fourteenth day of March, Twenty-Hundred and Three CE – 33rd of the Second Month, 04 IIC
AN ACT to define criminal acts within the Ibrosian Democracy and make provisions for the necessary administration of justice.
Should it be enacted by the will of the majority of the people of the Great Commonwealth of the Ibrosian Democracy, this Bill shall be passed into law with the particulars stated herein:
Part One – General Provisions
1. APPLICABILITY OF LEGISLATION -- (1) No act or undertaking which occurs after this act comes into effect shall be considered contrary to criminal law. (2) No action or undertaking which does not violate this Act shall be punishable. No persons may see damages in a Great Commonwealth Court for any such actions or undertakings, and no person may be arrested or held by force for the same.
Part Two – Classification of Actions Contrary to Law
2. CLASSIFICATION -- (1) There shall be three classes of illegal acts within the Great Commonwealth: (a) High Treason: defined within the Treason Act 2001. (b) Petty or Low Treason: any other offence committed against this State and the rule of democratic governance. (c) Committing a Tort against a Citizen of the Commonwealth. (c) Making war against the Commonwealth. (2) All High Treasons within the scope of Subsection (a) shall have no maximum penalties imposed upon due conviction, insofar as they are inkeeping with the possible sentences in Section 3. (3) The crimes of Petty Treasons and Committing a Tort against a Citizen of the Commonwealth shall carry limited penalties as stated individually in Section 3. (4) The crime of Making War against the Commonwealth shall be only applicable to persons within the territory of the Great Commonwealth of the Ibrosian Democracy who are not citizens of this Commonwealth. This crime shall: (a) Carry no maximum or minimum sentence within the limits of fines issued or being remanded in the custody of the Commonwealth for a set amount of time. (b) Be considered to be any action which does injure, maim or kill a citizen of the Great Commonwealth, within or outwith its borders; or any action which does damage property of the Great Commonwealth or an Estate thereof.
3. CRIMINAL CODE OF THE GREAT COMMONWEALTH – The following shall be considered to be crimes on the level of Low Treasons against the Great Commonwealth. - (1) MURDER IN THE FIRST DEGREE – the purposeful and pre-meditated killing of an individual. Sentencing Restrictions: Minimum: fifteen years imprisonment or a fine of £50,000 GCP; Maximum: None (2) MURDER IN THE SECOND DEGREE – the purposeful killing of an individual. Sentencing Restrictions: Minimum: six years imprisonment or a fine of £35,000 GCP; Maximum: Life imprisonment or an unlimited fine. (3) WANTON DESTRUCTION OF STATE PROPERTY– willing destruction or theft of any item which belongs to the Great Commonwealth. Sentencing Restrictions: Minimum: Formal Declaration of Guilt; Maximum: Three years imprisonment. (4) DISORDERLY CONDUCT – Any conduct committed openly, purposefully designed to bring disorder to the proper functioning of society or to torment and harass citizens of the Great Commonwealth. To qualify for guilt, the individual must make a considerable amount of noise or prevent or complicate the departing of citizens from the area. Sentencing Restrictions: Minimum: Formal Declaration of Guilt; Maximum: Fine of £10,000 GCP (5) FRAUD – The crime of fraud shall entail the misrepresentation of one’s self in order to secure monies, profit, positions of authority and respect or favours. Sentencing Restrictions: Minimum: Formal Declaration of Dishonour; Maximum: Imprisonment for a period of twenty years. (6) SIGNIFICANT BODILY HARM – Any action or undertaking deliberately designed to inflict harm upon a citizen which causes some significant loss of mobility and/or physical integrity to the victim. Sentencing Restrictions: Minimum: Formal Declaration of Dishonour; Maximum: Imprisonment for a period of forty years. (7) VIOLATION OF THE UK ELECTORAL ACT 2003 -- preventing the lawful movement of a British citizen in Great Commonwealth territory when attempting to cross the United Kingdom border to vote in any election mentioned in the United Kingdom Electoral Act 2003 without reasonable cause. Sentencing restrictions --- Minimum: Formal declaration of dishonour; Maximum: Imprisonment for a period of thirty five days or a fine of up to £1000 GCP [amendment, added by AT-05-03-02 on 31/05/2003]
Part Three – Sentencing Guidelines
4. APPLICABLE SENTENCING – The following are the only sentences which may be granted by a Great Commonwealth Court: - (1) IMPRISONMENT: forced residence in a Great Commonwealth Correctional Facility for a set term, of which up to fifteen percent may be subtracted in cases where the guilty party has demonstrated reformed character. A sentence of Life Imprisonment may be reduced to no less than thirty years. Those persons sentenced to Indisputable Life Imprisonment shall not have any reduction in time served. This option of imprisonment may only be used where the guilty party can be shown, beyond fair doubt, to be a danger to society if released (2) FINE: a set monetary fine of legal tender to be transferred to the Exchequer by the guilty party. Should victims or other affected parties be involved, the Court may, at its discretion, award a certain sum to cover their losses. (3) FORMAL DECLARATION OF DISHONOUR: a recorded declaration, publicly accessible, which reveals than an individual has committed a crime. This may be applied permanently or for a set period of time. (4) FORMAL DECLARATION OF GUILT: a recorded declaration, not available to the public, which reveals an individual has committed a crime. This shall last for a period of no less than six months and no more than four years, in which time only one may be amassed without attracting a more severe penalty.
5. HIERARCHY OF SENTENCES – All sentences noted in Section 4 shall be subject to the numerical hierarchy when considering maximum or minimum sentences for crimes.
Part Four – Powers of Arrest and Detainment
6. DETAINMENT OF CRIMINALS -- (1) Should a crime of treason or making war against the Commonwealth be seen to be enacted, it is within the power of any Great Commonwealth Citizen to place the person seen committing said crime under detainment until they may be handed over to an officer of the state.
(2)
Should a crime of committing a tort against a citizen of the Commonwealth be
seen to be enacted, it is within the power of the affected party to place the
person seen committing said crime under detainment until they may be handed over
to an officer of the state.
(a) Fed and given water at regular and reasonable intervals. (b) Given reasonable accommodation if detained for more than one deciDai or 144 minutes. (c) Notified that they are being detained under the terms of Great Commonwealth Statutory Law; notified of the crime they have allegedly committed: including the time, place and applicable circumstances within reason. (d) Not subject to interrogation. (e) Subject to any form of physical force, except as reasonably necessary to detain said person.
7. STATE DETAINMENT AND ARREST -- (1) When transferred to the detainment of an officer of the state, a person must be placed under a state of arrest, as defined in Subsection (2), or freed from detainment absolutely, having been held for no longer than: (a) Twenty four hours. (b) Forty eight hours, when in receipt of a Writ of a Great Commonwealth court to such effect. (2) Should reasonable evidence be found to link a person to a crime after the allotted time in Subsection (3), they shall be placed under a state of arrest awaiting trial. When within such a state, the person shall be: (a) Informed that they have been placed under arrest awaiting trial by reading the following arrest rights: ‘You, [name], have hereby been placed under a state of arrest awaiting trial by the Great Commonwealth of the Ibrosian Democracy, by powers assigned within the Judicature and Criminal Justice Act 2002 for the crime of [crime]. Should you wish to be given a copy of this Act of Parliament, it is your right. You have the right to remain in a state of silence, and have the right to see any persons necessary for the effective preparation of your defence. Should no such persons be available, the Ministry of the Interior shall, upon your request, assign a Solicitor to you, funded by the State.” (b) Allowed to meet with persons necessary for the effective preparation of a defence in the forthcoming trial. (c) Granted the right to remain silent, and not to be interrogated should it not be their will. (d) Have all needs whether medical, legal etc met, and be supplied with a reasonable area in which to sleep, and be supplied with foodstuffs and water reasonably suited to their needs. (3) From time of arrest to the beginning of a trial before a justice, there shall exist no more than fifteen days. (4) A person may also be placed under a state of arrest by an officer of the state should he witness the occurrence of a crime committed. This state of arrest shall be the same as in Subsection (1).
Part Five – Organisation of the Supreme Court of the Judiciary
8. COURT PROCESSES -- (1) It is within the scope of the Supreme Court of the Judiciary to decide upon its operations outwith the scope of legislation. (2) The processes of the Supreme Court of the Judiciary shall be decided by a panel of the three Lord Justices of the three courts defined in Section 9(2)(3). (3) The three courts shall produce written rules of their internal processes, to be entered as a statutory instrument to this act and known as the Act of Sederunt (Court of Session), Act of Adjournal (Court of Treasons) and Act of Treaty (Court of the Estates).
9. SUB-DIVISIONS OF THE COURT-- (1) There shall be three courts within the Supreme Court of the Judiciary. (2) Of these three courts, each shall hold equal powers, and shall have equal jurisdictions. (3) These three courts shall be: (a) THE HIGH COURT OF COMMONWEALTH ESTATES – To deal with all matters that arise between Estates regarding land and financial concerns. It shall also process the transfer of Estates upon the death of a citizen. Cases shall be ruled upon by a Lord Adjudicator or appointed subordinate. (b) THE HIGH COURT OF SESSION – Shall deal with matters relating to disputes between individuals and/or organisations, not related to the Estates held. Cases shall be ruled upon by a Lord Supreme Magistrate or appointed subordinate. (c) THE HIGH COURT OF TREASONS – Shall deal with all matters relating to treasons or crimes committed against the Great Commonwealth as defined in Section 2. Cases shall be ruled upon by a Lord Chief Justice or appointed subordinate.
10. PROVINCIAL HIGH COURTS -- (1) There shall be a High Court of the Justiciary organised in all provinces of the Great Commonwealth. (2) Each High Court of the Justiciary shall be subdivided into two sections:- (a) The Sheriff Court – Shall be the first court for crimes constituting Low Treason against the Commonwealth when conducted within the jurisdiction of one province, by a resident of the said province. To this court, the Supreme Court of the Judiciary shall operate as an appellate court. Cases shall be ruled upon by a Sheriff of the province. (b) The Magistrate’s Court – Shall be the first court for the trial of civil cases and torts between individuals and/or organisations where both parties are domiciled within the applicable province. Cases shall be ruled upon by a Justice-Magistrate of the province. (3) All crimes committed and civil cases tried within the Province of Nova Britannia shall be under the sole jurisdiction of the Supreme Court of the Judiciary. (4) The High Courts of the Justiciary in the provinces shall be organised in a uniform manner throughout the Great Commonwealth in a manner defined within the appropriate Acts mentioned within Section 8(3). (5) There shall be no obligation to introduce provincial High Courts until such times as the Lord Chief Justice of the Supreme Court considers the population large enough to warrant it.
Part Seven – The Great Commonwealth Department of Justice
11. DEPARTMENT OF JUSTICE – (1) There shall be a Great Commonwealth Department of Justice (‘the department’) within the framework of the National Executive. (2) The Department shall be headed by the Lord Advocate General, as described in Section 12 and shall have the following matters within its portfolio of responsibility: (a) The proper administration of justice. (b) Assisting the Lord Advocate General in his duties as proscribed in Section 12(4). (c) Providing effective legal defence to those who cannot afford such services privately. (d) The creation of independent judicial panels for the appointment of justices of the Supreme Court of the Judiciary.
12. LORD ADVOCATE GENERAL – (1) The office of Attorney General of the Great Commonwealth shall be renamed the office of the Lord Advocate General of the Great Commonwealth, who may be cited in law also as the person of the Lord Advocate, the Advocate General, the Commonwealth’s Advocate or the Attorney General. (2) All powers absolutely of the office of the Attorney General of the Great Commonwealth shall henceforth be exercised by the office of the Lord Advocate General of the Great Commonwealth. (3) The Lord Advocate General shall be selected:- (a) From registered Advocates with reasonable experience in Great Commonwealth courts. (b) By the Prime Minister with the due consent of the Great Commonwealth Minister of the Interior. (c) For a period until retirement, based on the grounds of competent fulfilment of the role and behaving within the laws of the Great Commonwealth. (4) The Lord Advocate General shall be responsible for:- (a) Bringing all cases where treasons are committed against the Great Commonwealth to trial in a competent court. (b) Defending the Great Commonwealth in any civil actions taken against it. (c) Representing the office of Prime Minister, and any other applicable Ministers in civil actions taken against external bodies. (d) Give legal and constitutional advise, where applicable, to Ministers and other employees of the Great Commonwealth. (5) All Acts of Parliament must be reviewed by the Lord Advocate General to declare their constitutionality and where appropriate suggest amendments to the bill’s supporter(s) before it is introduced in the relevant House.
13. JUSTICES OF THE SUPREME COURT – (1) All Justices of the Supreme Court, as defined in Section 9(3) shall be nominated by either: (a) The Lord Advocate General (b) The Lord Chief Justice (c) The Prime Minister (d) The Secretary of State (2) All nominations for Justices of the Supreme Court shall be presented to the grande éhoi for confirmation. (3) A Justice of the Supreme Court shall serve until the statutory age of retirement, while remaining in good behaviour. (4) A Justice of the Supreme Court must have a reasonable amount of legal experience and expertise.
Part Six– Miscellaneous and Clerical Provisions
14. INTERPRETATION – for the purposes of this Act:- (1) An ‘officer of the state’ shall be considered to be any person employed by the Great Commonwealth with any relation to the administration of justice (2) A deciDai shall be defined as used within Schedule Two of the Ibrosian Standards Act 2002 (3) The ‘statutory age of retirement’ shall be considered to be sixty-five years of age for all Great Commonwealth public officers. (4) a state of ‘good behaviour’ shall be considered to be not being imprisoned by the Commonwealth nor fined more than £10,000 nor being issued with a formal declaration of dishonour and not bringing the judicial system of the Great Commonwealth into disrepute by comments made outside of a courtroom.
15. SHORT TITLE, COMMENCEMENT AND EXTENT OF THIS ACT -- (1) This Act may be cited as the Criminal Justice Act 2003 (2)This act shall come into effect upon the passing by the éhoi and authorisation by the Returning Officer. (3) This Act extends to: (a) The Great Commonwealth
“Long Live the Great Commonwealth” |
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