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A
BILL
TO
Reform the Criminal Procedures of the Kingdom of Alexandria
1 - About this ActBILL
TO
Reform the Criminal Procedures of the Kingdom of Alexandria
(1) This Act
(a) may be cited as the Criminal Procedure Act.
(b) may be numbered as P.B.04-###.
(c) shall be enacted upon its assent and the assent of the Criminal Code Act and the Statute of Limitations Terminology Modification Act.
(d) has been authored by SoggehToast.
(e) has been co-sponsored by Capt11543.
2 - Repeals(1) The Criminal Code and Procedure Act is hereby repealed in its entirety. All cases currently in proceedings shall continue under the procedural provisions of that Act until their conclusion.
3 - General Provisions
(1) Only peace officers have the authority to detain or imprison players. No other person or entity may do so, except as expressly authorized by law.
4 - Standards of Proof
(1) The following standards of proof shall apply in criminal proceedings:
(a) “Beyond a Reasonable Doubt” shall refer to proof that precludes every reasonable hypothesis of innocence and would produce in a reasonable person’s mind a firm belief in the defendant's guilt.
(b) “Probable Cause” shall refer to sufficient facts and circumstances that would warrant belief that a person has committed a crime.
(c) “Balance of Probabilities” shall refer to proof that a matter is more likely true than not true.
(d) “Reasonable Articulable Suspicion" shall refer to specific, articulable facts that would warrant suspicion that a person has committed or is committing a crime.
(2) The standard of proof required at each stage of criminal proceedings is as follows:(a) Detention requires Reasonable Articulable Suspicion;
(b) Warrants require Probable Cause;
(c) A finding of guilt in a criminal trial requires Beyond a Reasonable Doubt.
(d) Determining additional facts during sentencing requires Balance of Probabilities.
5 - Definitions
(1) “Peace Officer” shall refer to a Minister of Justice and any deputy appointed by the Minister under the Government Organization Act.
(2) “Private Prosecutor” shall refer to a victim or their legal counsel who initiates prosecution of a Privately Prosecutable Indictable Offense as defined in the Criminal Code Act.
(3) “Detention” shall refer to a temporary restriction of movement for investigation or questioning. Detention is not imprisonment and is not a criminal sanction.
(4) “Imprisonment” shall refer to confinement in jail as a criminal sanction.
(5) “Player” shall refer to any natural person or corporation within the jurisdiction of Alexandria.
(6) “Exculpatory Evidence” shall refer to evidence that tends to prove the innocence of the defendant or tends to impeach the credibility of prosecution evidence or witness.
(7) “Special Prosecutor” shall refer to any player appointed to investigate and prosecute crimes under §12 of this Act.
(8) “Notice of Intent to Prosecute” shall refer to a written notification submitted by a victim or their legal counsel to the Ministry of Justice, stating their intention to bring a private prosecution for a Privately Prosecutable Indictable Offense.
(9) Unless otherwise defined in this Act, terms shall have the meaning ascribed to them in the Criminal Code Act.
6 - Jurisdiction of Peace Officers
(1) The Minister of Justice shall enforce all criminal law within Alexandria and shall:
(a) Investigate alleged crimes;
(b) Investigate and prosecute on behalf of His Majesty’s government;
(c) Maintain the peace and order of the nation;
(d) Provide security to government officials and events; and
(e) Maintain and provide criminal records upon request.
(2) The Minister may appoint deputies as necessary. Such deputies, together with the Minister, are Peace Officers for the purposes of this Act.7 - Detention
(1) A peace officer may detain a player upon reasonable articulable suspicion that the player has committed or is committing a crime. Detention is temporary and for investigative purposes only; it does not constitute imprisonment.
(a) A detained player may be questioned regarding the suspected offense.
(b) A detention may not exceed a reasonable period of investigation. If the officer determines that charge is not warranted, the player must be released.
(2) Before questioning a detained player, a peace officer must inform them of:(a) Their right to remain silent and right against self-incrimination;
(b) Their right to legal representation; and
(c) The suspected offense(s) for which they have been detained.
(3) Failure to provide these warnings results in the suppression of any statement elicited from the detained player during questioning.8 - Search Warrants
(1) A peace officer may apply to the competent court for a search warrant upon a showing of probable cause that evidence of a crime exists in a particular place.
(2) No search of private property shall be conducted without a warrant, unless exigent circumstances exist such that failure to search will likely result in the destruction of evidence.
(3) A search warrant shall specify the places to be searched and the items or evidence sought.
9 - Summary Offenses
(1) Where a peace officer believes a player committed a Summary Offense, the officer may immediately impose the prescribed punishment, including fines and imprisonment.
(2) A defendant who wishes to appeal a Summary punishment must file with the Magistrate Court within 14 days.
(3) On appeal, the defendant shall receive a full trial before a judicial officer, where the prosecution shall bear the burden of proving guilt Beyond a Reasonable Doubt.
(4) The judicial officer may affirm, reverse, or modify the punishment.
(5) The Crown may vacate Summary convictions where it finds legal error, abuse of discretion, or miscarriage of justice.
10 - Crown Prosecution of Indictable Offenses
(1) Where a peace officer has grounds to believe a player committed an Indictable Offense, the officer shall refer the matter to the Ministry of Justice.
(2) Where the Crown has standing to prosecute, it shall file a complaint with the Magistrate Court if it determines prosecution is warranted.
11 - Private Prosecution of Indictable Offenses
(1) A victim may bring a prosecution for a Privately Prosecutable Offense by filing a complaint with the Magistrate Court.
(2) A private prosecutor must be:
(a) The victim of the offense, or
(b) Legal counsel acting on behalf of the victim.
(3) Crown shall have no standing to prosecute a Privately Prosecutable Offense except where:(a) Seven days have passed since the offense and no victim or their counsel has submitted a Notice of Intent to Prosecute to the Ministry of Justice; or
(b) A Notice of Intent to Prosecute has been submitted but the victim or their counsel has not filed a complaint with the Magistrate Court within 21 days of submitting that notice.
(4) A Notice of Intent to Prosecute shall only be valid if it sets out:(a) The defendant against whom prosecution is intended;
(b) The offense alleged;
(c) The facts relied upon to support the charges; and
(d) The statutory authority for the charge.
(5) A private prosecutor has all the same rights, obligations, and duties as the Crown in conducting a prosecution, including, but not limited to:(a) The duty to disclose all exculpatory evidence to the defendant;
(b) The right to present evidence and make submissions to the court; and
(c) The duty to comply with all procedural requirements of this Act and the rules of the court.
(6) A private prosecutor who fails to comply with their duties may be subject to sanctions by the court, up to and including dismissal of the charge with prejudice.12 - Special Prosecutions
(1) A Special Prosecutor may be appointed to investigate and prosecute particular criminal offenses when the Ministry of Justice is unable to prosecute those offenses.
(2) A Special Prosecutor may be appointed to prosecute an offense by a judicial officer under the following circumstances:
(a) A criminal defendant petitions the Court to appoint a Special Prosecutor to their case, and demonstrates that the Ministry of Justice is unable to prosecute their case; or
(b) A judicial officer, at their own discretion, determines that the Ministry of Justice is unable to prosecute the offense; or
(c) The Crown voluntarily notifies the judicial officer that the Ministry of Justice is unable to prosecute the offense; or
(d) A player petitions a Court to appoint a Special Prosecutor to prosecute a particular offense and demonstrates:
(i) Probable cause that the alleged offense occurred, and that the player petitioning was a victim; and
(ii) The offense is not privately prosecutable; and
(iii) The Ministry of Justice had knowledge of the offense, but was unable to prosecute the offense.
(3) A Special Prosecutor may be appointed to prosecute an offense by Parliament pursuant to its investigative authority.(4) The Ministry of Justice may be deemed unable to prosecute a particular offense when failing to prosecute the case would significantly harm the public interest, and:
(a) One or more Ministry officials prosecuting, or overseeing the prosecution of, the offense has an actual or reasonably perceived conflict of interest which cannot be resolved by assigning another player employed by the Ministry of Justice to the prosecution; or
(b) The Ministry lacks the staffing capacity to investigate and prosecute the offense.
(5) Once appointed, Special Prosecutors operate independently for the duration of their case. They may be removed by a judicial officer only for just cause, such as misconduct or dereliction of duty. A judicial officer who removes a Special Prosecutor from a case may either appoint a new Special Prosecutor to the case, or dismiss the case.(6) Upon request by a Special Prosecutor, the Ministry of Justice shall disclose and produce all evidence and investigative materials in its possession relating to the offense under prosecution within a reasonable timeframe.
(7) A Special Prosecutor has all the same rights, obligations, and duties as the Crown in conducting a prosecution, including, but not limited to:
(a) The duty to disclose all exculpatory evidence to the defendant;
(b) The right to present evidence and make submissions to the court; and
(c) The duty to comply with all procedural requirements of this Act and the rules of the court.
13 - Plea Agreements(1) The prosecution and defendant may agree to a plea agreement at any time. A completed plea agreement shall be submitted to the relevant court for approval.
(2) The court must approve a plea agreement unless a provision of it is so severe that it offends the conscience of the court.
14 - Judicial Rulemaking Authority
(1) The Chancery Court is authorized to promulgate rules of court procedure governing the administration and conduct of criminal trials, supplementary to this Act. Such rules must be consistent with this Act and the Constitution.
(2) Court rules may regulate:
(a) Discovery timeline, procedures, and deadlines;
(b) Trial procedures, including scheduling timing between procedural steps;
(c) Filing requirements, notice deadlines, and courtroom administration, and conduct;
(d) Standards for admissibility of evidence;
(e) Procedures governing court motions, requests, and entreaties.
(3) Court rules shall have the force of law upon publication, and any challenge to a rule's validity must be brought before the Chancery Court.15 - Criminal Complaint and Response
(1) To initiate an Indictable prosecution, the prosecution shall file a criminal complaint with the Magistrate Court setting out:
(a) The defendant against whom prosecution is intended;
(b) The offenses alleged;
(c) The facts relied upon to support the charges; and
(d) The statutory authority for the charges.
(2) Upon the filing of a complaint, the presiding judicial officer shall review the complaint and determine whether it establishes Probable Cause.(a) Where the judicial officer is not satisfied that the complaint establishes Probable Cause, they shall issue a show cause order directing the prosecution to do so.
(b) Where the prosecution is unable to satisfy the show cause order, the complaint shall be dismissed.
(3) Where the presiding judicial officer is satisfied that Probable Cause has been established, the defendant shall be notified of the complaint and given an opportunity to file a response. The defendant shall not be required to file a response.(4) A defendant may request a Probable Cause hearing to determine whether Probable Cause exists. The presiding judicial officer may deny such a request if the prosecution has already established probable cause in response to a show cause order.
(a) Where the judicial officer grants the request, a hearing shall be held.
(b) Where the prosecution is unable to establish Probable Cause at the hearing, the complaint shall be dismissed.
(5) The presiding judicial officer may dismiss a complaint of their own volition at any time, provided all parties are first given an opportunity to be heard.16 - Discovery
(1) The presiding judicial officer shall establish and oversee a discovery period. Discovery opens and closes at the direction of the presiding judicial officer.
(2) During discovery, the prosecution must disclose to the defendant:
(a) All exculpatory evidence, including evidence tending to prove innocence or impeach the credibility of prosecution witnesses;
(b) All evidence the prosecution intends to present at trial.
(3) The defendant shall disclose to the prosecution all evidence the defendant intends to present at trial.(4) Either party may bring a motion to compel before the court to require a third party to produce evidence or testimony where there is an articulable legal basis for that party’s obligation to provide it.
(5) Discovery violations are subject to appropriate sanctions, up to and including dismissal.
17 - Trial Procedure
(1) A criminal trial shall be conducted before a presiding judicial officer. The prosecuting authority shall be represented by a prosecutor or private prosecutor. The defendant may have legal representation or represent themselves.
(2) At the conclusion of trial, the presiding judicial officer shall determine whether the prosecution has proven guilt beyond a reasonable doubt.
(3) The presiding judicial officer shall ensure that the trial is conducted fairly and in accordance with the rules of court and the Constitution.
(4) The trial shall proceed in the following order:
(a) Opening statements by the prosecution, followed by defendant;
(b) Presentation of prosecution’s case-in-chief, including witness testimony and evidence;
(c) Presentation of defendant’s case-in-chief, including witness testimony and evidence;
(d) Closing arguments by defendant, followed by prosecution.
(e) Judicial officer’s determination of guilt or innocence.
(5) The defendant shall never be required to present evidence in their own defense. Failure to present evidence shall never be considered in determining guilt or innocence.18 – Sentencing
(1) Upon a finding of guilt, the presiding judicial officer shall proceed to sentencing.
(2) The defendant may present arguments regarding the appropriate sentence. Then the prosecution shall present arguments regarding the appropriate sentence, and shall have the final word.
(3) The presiding judicial officer shall impose a sentence consistent with the penalty prescribed in the Criminal Code Act, having regard to all relevant factors including:
(a) The nature and seriousness of the offense;
(b) The defendant’s conduct and intent;
(c) Any mitigating or aggravating circumstances;
(d) The defendant’s criminal history or lack thereof;
(e) The protection of the community and deterrence of future offenses.
(4) Where restitution is specified in the penalty of a Criminal Code Act offense, it is mandatory. The court may additionally order restitution at its discretion where quantifiable harm to a victim can be demonstrated, even where not expressly prescribed.19 - Court Offenses
(1) Court Offenses, as defined in the Criminal Code Act, shall be adjudicated and punished by the Judiciary according to such procedures as the Judiciary may establish.
(2) Nothing in this Act shall limit the Judiciary’s authority to establish procedures for the adjudication of Court Offenses, except that such procedures must comply with the Constitution and the principles of natural justice.
20 - Parliamentary Offenses
(1) Parliamentary Offenses, as defined in the Criminal Code Act, shall be adjudicated and punished by Parliament according to such procedures as Parliament may establish.
(2) Nothing in this Act shall limit Parliament’s authority to establish procedures for the adjudication of Parliamentary Offenses, except that such procedures must comply with the Constitution and the principles of natural justice.
21 - Right to Legal Representation
(1) Every defendant has the right to legal representation at all critical stages of the legal process. If a defendant requests legal representation, it must be provided before any further questioning may proceed.
(2) The Public Defenders Office shall provide legal representation to any player who requests it and cannot otherwise obtain counsel, in accordance with the Public Defenders Office Act.
22 - Right Against Self-Incrimination
(1) Every player has the right to remain silent. No player may be compelled to make statements, answer questions, or testify against themselves at any stage of criminal proceedings.
(2) No conclusion of guilt shall be drawn from:
(a) A defendant’s failure to testify at trial; or
(b) A defendant’s failure to produce evidence in their own defense.
(3) Any statement obtained in violation of this section, or evidence obtained as a direct consequence of such a statement, is likewise inadmissible.23 - Burden of Proof and Burden Shifting
(1) The burden of proof in all criminal proceedings rests with the prosecution.
(2) The court may never operate under a burden-shifting standard that places the burden of proof on the defendant. If such an error occurs, it shall be grounds for reversal on appeal.
24 - Right of Appeal
(1) The defendant found guilty of an Indictable Offense in the Magistrate Court shall have the right to a mandatory appeal before the Chancery Court.
(2) A defendant whose Summary Offense appeal is unsuccessful before the Magistrate Court shall have the right to a discretionary appeal before the Chancery Court.
(3) A defendant may appeal a Court Offense conviction to the Chancery Court.
(4) The Chancery Court shall hear appeals on the record of the Magistrate Court, and may affirm, reverse, modify, or remand the decision below. Where significant procedural error affected the outcome of the original trial, the Chancery may order a new trial.
25 - Seizure of Property and Assets
(1) A peace officer may seize any asset proven beyond a reasonable doubt to have been used in, or in the proceeds of, a crime.
(2) Prior to a finding beyond a reasonable doubt, a peace officer may seize an asset upon obtaining a search warrant from the competent court, where there is probable cause to believe the asset was used in, or in the proceeds of, a crime.
(3) Seized assets must be held in a trust, separate from government accounts, until the conclusion of proceedings.
(4) Assets seized must be returned to their lawful owner upon acquittal or dismissal, or upon a finding that they were not connected to the crime.
26 - Double Jeopardy
(1) A prosecution is barred where the same conduct was the subject of a former prosecution that resulted in:
(a) An acquittal;
(b) A conviction; or
(c) A dismissal with prejudice.
27 - Severability (1) The provisions of this Act are severable. Should one part be declared unconstitutional or otherwise invalid, it shall not affect the parts which remain.
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