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[LEGAL QUESTION] Retroactive Denials of Appeal - Printable Version

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[LEGAL QUESTION] Retroactive Denials of Appeal - Awe - 11-15-2014

Unibot has submitted a Legal Question to the Court, regarding whether or not people prosecuted before the current time limits on appeals came into effect still have an avenue for appeal.

Personally, I'd say that the person should be allowed to appeal, working under the assumption that the person, being banned from these forums, would not have had any knowledge that the laws have been changed since then.

Seeing as Milo was the only person banned during this transition, do you guys think he'd be eligible for parole?


RE: [LEGAL QUESTION] Retroactive Denials of Appeal - Gustave Berr - 11-15-2014

Milo's eligibility, or his potential for it, is not for us to decide -- that would fall to the Parole Board. This is an interesting question.... I'm going to need a few days to have adequate time to think on this.


RE: [LEGAL QUESTION] Retroactive Denials of Appeal - Awe - 11-15-2014

I meant that he'd be eligible to apply for parole since he's served a year of his term, in accordance with the Code of Laws


Quote:1. After serving at least one year of a ban from the region and/or the regional forum, convicts may apply for parole to a special parole board.

However, since I mentioned above that he should be able to appeal his conviction, under the assumption that he had no knowledge of the change in laws, should he be eligible for parole? Consider that under that same assumption, he would've had no knowledge of this mechanism of parole being introduced.

Also, I should add
Quote:2. Said special parole board shall consist of the Chair of the CSS, Chief Justice of the High Court and the Chair of the Assembly.
While it is not a matter for the Courts to decide, you do have a role on the Parole Board as Chief Justice.


RE: [LEGAL QUESTION] Retroactive Denials of Appeal - Farengeto - 11-15-2014

Well firstly given that this was asked before the parole system was even implemented, it the question still valid?

Reading Article 7 of the CoL the only requirement is to have served a ban for at least a year, and since I see no contradiction I'm inclined to allow it regardless of when the ruling took place.


[LEGAL QUESTION] Retroactive Denials of Appeal - Awe - 11-15-2014

You do raise a valid point, I should ask in the original thread if Uni still wants us to take on this question


RE: [LEGAL QUESTION] Retroactive Denials of Appeal - Awe - 11-16-2014

Pursuant to this, Unibot no longer seeks the opinion of the High Court.