Criminal Procedure: Cases, Materials, and Questions

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L. 100–690, title VII, §7060(c), Nov. 18, 1988, 102 Stat. 4404; Pub. Article 60:Any person that knows the situation of a case has a duty to testify. In all other cases, the hearing shall be conducted within the time set forth in subsection (b)(1) of this rule. To this judge, the victims appeared to be healing better. In appropriate cases the accused shall also be informed that he may make a written statement, and of the possibility of perpetrator-victim mediation. (2) The examination shall give the accused an opportunity to dispel the grounds for suspecting him and to assert the facts which speak in his favour. (3) At the first examination of the accused, consideration shall also be given to ascertaining his personal situation. (1) The accused’s freedom to make up his mind and to manifest his will shall not be impaired by ill-treatment, induced fatigue, physical interference, administration of drugs, torment, deception or hypnosis.

Pages: 1536

Publisher: LEXISNEXIS; Third Edition edition (April 6, 2010)

ISBN: 1422470369

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After considering the record of a preparatory examination transmitted to him under section 137, the attorney-general may – (a) in respect of any charge to which the accused has under section 131 pleaded guilty, arraign the accused for sentence before any court having jurisdiction; (b) arraign the accused for trial before any court having jurisdiction, whether the accused has under section 131 pleaded guilty or not guilty to any charge and whether or not he has been discharged under section 135; (c) decline to prosecute the accused, and the attorney-general shall advise the lower court concerned of his decision. (1) Where an accused is under section 139(a) arraigned for sentence, any magistrate or regional magistrate of the court in which the preparatory examination was held shall advise the accused of the decision of the attorney-general and, if the decision is that the accused be arraigned – (a) in the court concerned, dispose of the case on the charge on which the accused is arraigned; or (b) in a court other than the court concerned, adjourn the case for sentence by such other court. (a) The record of the preparatory examination shall, upon proof thereof in the court in which the accused is arraigned for sentence, be received as part of the record of that court against the accused or, if the accused is arraigned in the court in which the preparatory examination was held, the record of the preparatory examination shall stand as the record of that court, and the plea of guilty and any admission by the accused shall stand and form part of the record of that court unless the accused satisfies the court that such plea or such admission was incorrectly recorded. (b) Unless the accused satisfies the court that the plea of guilty or an admission was incorrectly recorded or unless the court is not satisfied that the accused is guilty of the offence to which he has pleaded guilty or that the accused has no valid defence to the charge, the court may convict the accused on his plea of guilty of the offence to which he has pleaded guilty and impose any competent sentence. (3) If the accused satisfies the court that the plea of guilty or an admission which is material to his guilt was incorrectly recorded, or if the court is not satisfied that the accused is guilty of the offence to which he has pleaded guilty or that the accused has no valid defence to the charge, the court shall record a plea of not guilty and proceed with the trial as a summary trial in that court: Provided that an admission by the accused the recording of which is not disputed by the accused, shall stand as proof of the fact thus admitted. (4) Nothing in this section shall prevent the prosecutor from presenting evidence on any aspect of the charge, or the court from hearing evidence, including evidence or a statement by or on behalf of the accused, with regard to sentence, or from questioning the accused on any aspect of the case for the purposes of determining an appropriate sentence. (1) Where an accused is under section 139(b) arraigned for trial, a magistrate or regional magistrate of the court in which the preparatory examination was held shall advise the accused of the decision of the attorney-general and, if the accused is to be arraigned in a court other than the court concerned, commit the accused for trial by such other court. (2) Where an accused is arraigned for trial after a preparatory examination, the case shall be dealt with in all respects as with a summary trial. (3) The record of the preparatory examination shall, upon proof thereof in the court in which the accused is arraigned for trial, be received as part of the record of that court against the accused, and any admission by the accused shall stand at the trial of the accused as proof of such admission: Provided that the evidence adduced at such preparatory examination shall not form part of the record of the trial of the accused unless – (a) the accused pleads guilty at his trial to the offence charged, or to an offence of which he may be convicted on the charge and the prosecutor accepts that plea; or (b) the parties to the proceedings agree that any part of such evidence be admitted at the proceedings. (a) Where an accused who has been discharged under section 135 is arraigned for trial under section 139b), the clerk of the court where the preparatory examination was held shall issue to him a written notice to that effect and stating the place, date and time for the appearance of the accused in that court for committal for trial, or, if he is to be arraigned in that court, to plead to the charge on which he is to be arraigned. (b) The notice referred to in paragraph (a) shall be served on the accused in the manner provided for in sections 54(2) and (3) for the service of a summons in a lower court and the provisions of sections 55(1) and (2) shall mutatis mutandis apply with reference to such a notice. (c) If the accused is committed for trial by another court, the court committing the accused may direct that he be detained in custody, whereupon the provisions of Chapter 9 shall apply with reference to the release of the accused on bail The Criminal Process: An Evaluative Study The Criminal Process: An Evaluative.

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L. 100–202, §101(g) [title III, §318], Dec. 22, 1987, a hundred and one Stat. 1329–213, 1329–255. (a) Whoever gets any wage, or any contribution to or supplementation of wage, as repayment for his providers as an officer or worker of the administrative department of the U.S. govt, of any self sufficient organisation of the USA, or of the District of Columbia, from any resource except the govt of the us, other than as should be contributed out of the treasury of any nation, county, or municipality; or Whoever, no matter if someone, partnership, organization, company, or different association will pay, makes any contribution to, or by any means vitamins, the wage of the sort of officer or worker lower than conditions which might make its receipt a contravention of this subsection— will likely be topic to the consequences set forth in part 216 of this identify. (b) not anything herein prevents an officer or worker of the administrative department of the U.S. executive, or of any autonomous corporation of the us, or of the District of Columbia, from carrying on with to take part in a bona fide pension, retirement, crew lifestyles, healthiness or twist of fate coverage, profit-sharing, inventory bonus, or different worker welfare or profit plan maintained via a former business enterprise. (c) This part doesn't follow to a distinct govt worker or to an officer or worker of the govt. serving with out reimbursement, even if he's a distinct executive worker, or to anybody paying, contributing to, or supplementing his wage as such. (d) This part doesn't restrict check or reputation of contributions, awards, or different costs less than the phrases of bankruptcy forty-one of name five. (e) This part doesn't limit the cost of tangible relocation costs incident to participation, or the recognition of similar through a player in an govt alternate or fellowship application in an government employer: supplied, That such application has been confirmed by way of statute or government order of the President, deals appointments to not exceed 300 and sixty-five days, and allows no extensions in way over 90 extra days or, when it comes to contributors in abroad assignments, in way over 300 and sixty-five days. (f) This part doesn't restrict attractiveness or receipt, via any officer or worker injured throughout the fee of an offense defined in part 351 or 1751 of this identify, of contributions or funds from a firm that's defined in part 501(c)(3) of the inner profit Code of 1986 and that is exempt from taxation less than part 501(a) of such Code. (g)(1) This part doesn't limit an worker of a personal zone association, whereas assigned to an organization lower than bankruptcy 37 of name five, from carrying on with to obtain pay and advantages from such association according to such bankruptcy. (2) For reasons of this subsection, the time period “agency” capacity an employer (as outlined by way of part 3701 of name five) and the workplace of the executive expertise Officer of the District of Columbia. (h) This part doesn't limit a member of the reserve elements of the defense force on lively responsibility pursuant to a choice or order to energetic responsibility below a provision of legislation spoke of in part 101(a)(13) of name 10 from receiving from anybody that hired such member prior to the decision or order to energetic accountability any check of any a part of the wage or wages that such individual might have paid the member if the member's employment had now not been interrupted through such name or order to lively duty Criminal Law and Procedure: read online Criminal Law and Procedure: Text and.

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