NB 5-11 Marshals of the Peace Act

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Justice Soothsayer
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NB 5-11 Marshals of the Peace Act

Post by Justice Soothsayer »

Marshals of the Peace Act

1. The NL4-24 Defence of the Republic Act is hereby repealed.

2. The Representative Assembly shall from time to time appoint, or delegate its power to appoint, persons to act as Marshals of the Peace, who shall have responsibility for keeping the peace and maintaining law and order in any territory governed by or under the Confederation of Democratic Simulators.

3. Any person who holds office as a Marshal of the Peace is empowered to issue summary banishments of up to fourteen days where, otherwise than in the course of judicial proceedings, there are substantial grounds for believing that the person in question, if not summarily banished: –

(a) would interfere with the course of justice;

(b) would damage, delete or dissipate any public asset (including, but not limited to, terrain, buildings and foliage), of the Confederation of Democratic Simulators, or any private asset of any citizen thereof; or

(c) would cause substantial distress, harassment or annoyance to any citizen or citizens of the Confederation of Democratic Simulators, or substantially interfere with any event held in any territory of the Confederation of Democratic Simulators.

4. Any Marshal of the Peace who exercises her or his power to issue a summary banishment shall serve upon the person summarily banished within 48 hours of being so banished a written notice stating: –

(a) that he or she has been banished summarily;

(b) the reason or reasons that he or she has been so banished;

(c) that the summary banishment shall expire fourteen days after it was imposed, or, alternatively, the date on which it will expire (that date being no more than 14 days after the person was summarily banished); and

(d) that the person banished has the right, upon submitting notice in writing to a Court of Common Jurisdiction, in any form that shall be prescribed by the Chief Judge of Common Jurisdiction (and, if such a form is prescribed, the details thereof, or information as to where such details can be obtained), to make representations to a Court of Common Jurisdiction as to why he or she should not be made the subject of an interim banishment until the trial or other hearing, if any, which finally disposes of the matter.

5. Any person who holds office as a Marshal of the Peace is empowered to issue summary banishments of up to fourteen days during the course of judicial proceedings when so ordered by any judge (whether of any Court of Common Jurisdiction or the Court of Scientific Council) presiding over those proceedings, provided always that such a banishment is revoked within one hour of the conclusion of such proceedings (or the end of fourteen days, whichever is sooner).

6. A Marshal or Marshals of the Peace shall execute any order of any Court to banish any person, whether permanently, for a term certain, or pending trial, and shall revoke that banishment: –

(a) upon further Order of the Court to do so;

(b) upon the expiry of the term of the banishment, if fixed; or

(c) immediately preceding a trial if the banishment is pending a trial,

whichever is sooner, and, if a person who has been the subject to an interim banishment pending trial has had her or his banishment revoked for the purposes of attending a trial under paragraph (c) above, to guard that person with a view to exercising, if necessary, her or his powers of summary banishment, or executing forthwith any order of banishment issued by the Court.

8. Without prejudice to Section 9 below, the following persons shall be deemed to have been appointed as Marshals of the Peace: –

(a) every member of the Scientific Council;

(b) the Leader of the Representative Assembly; and

(c) the Guildmeister.

9. The Representative Assembly, or any person or body to whom the Representative Assembly delegates this power, may remove any person from holding office as Marshal of the Peace, provided that there is always at least one Marshal of the Peace who holds office at any time.

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