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Charter of the High Court of the South Pacific
#7

Hi Awe,

A really solid piece of work you've drawn up here! I like the use of simpler language rather than cloaking it in legalese.

I have a few thoughts/questions as follows:

1. Can we say 'he or she' or even 'they' instead of 'he' when referring to Justices? :tounge:

2. Is the 'Section 1' heading missing?

3. Article VI(2) - the 'J' in Justice should be upper case.
Quote:2. A jJustice may file charges against a citizen, provided they recuse themselves from the case.

4. Article VI(3) - What is the consequence of ignoring the summons?
Quote:If charges are filed against or on behalf of a former citizen, the Chief Presiding Justice may, at his discretion, issue summons to request that the individual return to stand trial or otherwise obtain testimony from the individual.

5. Does Chief Presiding Justice warrant it's own Article? I think the would be benefit in clarifying the position and it would allow you to move Article VI(4) into it which feels a better fit than Article VI.
Quote:4. The Chief Presiding Justice will be responsible for keeping order in the court. He has the power to penalize citizens for being in contempt of the court.

6. Section 2, Article 1, Section 2 Pre-Trial - Should we also add to the list of pre-trial motions the opportunity for the defence or prosecution to extend their 72 hours? I'm thinking about things like people going on holiday etc.
Quote:Subsequent to this both the Defence and the Prosecution may submit pre-trial motions, including but not limited to motions to dismiss the charges, alter the charges, request extra time for the preparation of their case and/or for one or more Court Justices to recuse themselves. Such motions should provide evidentiary reason to justify them, and will be considered by the Court Justices collectively. Such motions may be considered later at the discretion of the Court Justices, but will not be granted short of extraordinary circumstances outside of the pre-trial stage. Dismissal of charges does not result in jeopardy attaching to the complaint.

7. Section 2, Article 1, Section 2 Pre-Trial - Should the references to 'Chief Justice' here actually be 'Presiding Justice'?

That's as far as I've got! I'll post more thoughts tomorrow. It's an Awesome Charter though!  :wink:


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