I tend to agree with the rationale re: having the Minister do this job. Far better to have a clear and designated responsability than leave it up to shifting Council threholds or a nebulous community appeal.

I would be happy to draft a mock-up of the ideas we seem to be agreeing on here.

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Wysterian Labourer's Council
Currently Holding Stewardship of Wysteria
Minister for Applications and Settlement
Forums Administrator

I will throw my voice in for letting the Justice Minister make decisions about whether a case should be thrown out or not, with the exception being if they themselves are subject to a trial.

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Ealdorman Cerdic Beoden Accynnafon of Östlond
Runner Up of the Glas Claddach Boat Building Competition
Minister of Justice

i also agree with the justice minister making that decision, with the exception mark proposed

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By the will of Azarn
-Erastil
-King of Pyrencia
-The Hydra
For a full list of titles, please see enclosed document.
viewtopic.php?f=4&t=741

Question: should a review of the evidence and charges to establish probable cause be a standard action performed by the Minister for every case, or should this mechanism exist simply to give defendants a 'right of appeal' if they request it prior to trial? That is, if the defendant feels the charges are frivolous or the evidence insubstantial, they have the right to request that the Minister review the charges and potentially throw out the case as we have discussed - but the Minister won't automatically perform this action for them. I tend to like this option as it requires the respondant to actively respond to the charges and the plaintif to actively pursue them.

Thoughts?

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Wysterian Labourer's Council
Currently Holding Stewardship of Wysteria
Minister for Applications and Settlement
Forums Administrator

There should be an order that every trial has to have. We can address this in a different law or do it here. If we want an actual order of a trial to be codified, I'm happy to author that order.

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Ealdorman Cerdic Beoden Accynnafon of Östlond
Runner Up of the Glas Claddach Boat Building Competition
Minister of Justice

I think the justice minister should review the accusation every time, regardless of whether or not it is requested. This is what grand juries normally do (establishing the validity of accusations) before a criminal case goes to court.

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Ulrik Gunnarson
Duke of the Gathered Races of Hermertia Homeland (GRHH)
The Chairman of the GRHH Co.

Chairman, you're right. It does make the most sense for this to be a procedural matter of course.

Mark, if we would like to modify the language to amend/codify the order of the trial we can certainly do that, and we can do it as part of this section of the Carta. The 'Deliberation and Adjucation' section may be amended to include a more precise order of the trial, and we can do that in this thread. Looking forward to seeing your thoughts.

The language concerning a procedural review of charges by the Ministry of Justice shall be added as a seperate pursuant under this section.

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Wysterian Labourer's Council
Currently Holding Stewardship of Wysteria
Minister for Applications and Settlement
Forums Administrator

So, this is a very rough draft of what this passage may end up looking like, incorporating our discussions here so far. Much critical feedback and debate is, as always, called for!

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Review of Charges and Determination of Grounds for Trial

After legal criminal or civil charges have been filed in the Judicial Court of the Mercurian Empire against a specific party or parties, the sitting Minister for Justice must undertake a review of the charges laid with the intent to determine if the evidence presented provides reasonable grounds for a trial. In order to determine reasonable grounds for a trial, the review must determine that evidence provided by the claimant demonstrates both

a) that the specific crimes as detailed in the claimant's charges were committed in a manner consistent with the charges laid, and

b) that there exists reasonable suspicion that the specific party or parties accused committed a breach of the Imperial criminal and/or civil code in a manner consistent with the charges laid against them.

If upon completion of the review it is determined that both these requirements are met, reasonable grounds for trial exist; the trial may be scheduled at the discretion of the involved parties. If upon the completion of the review it is determined that both these requirements have not been met, reasonable grounds for trial do not exist; the charges filed shall be voided and not pursued by the Imperial Court. Any charges previously voided whose nature has changed due to the availability of new evidence may be reintroduced to the Judicial Court at any time, where they shall undergo a new review following the aforementioned process by the Minister for Justice.

If the sitting Minster for Justice is inactive, is the claimant, is the party or is among the parties accused, was party to the charges laid, or is otherwise unwilling or unable to conduct the review, any active sitting member of the Council of the Crowned may volunteer to conduct the review.

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Wysterian Labourer's Council
Currently Holding Stewardship of Wysteria
Minister for Applications and Settlement
Forums Administrator

Sounds good.

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Ulrik Gunnarson
Duke of the Gathered Races of Hermertia Homeland (GRHH)
The Chairman of the GRHH Co.

I like this as well. Nice job on the draft!

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Scrios V
King of Perth, Brother of Valyria