[Vladimir]

Internal Affairs act No.1

The act is designed to reform the authoritarian executive system inherited from the dictatorship which has been the de-facto scheme for the executive branch despite nominal changes.
The act will modernise the system of interpretation and execution of laws.
The act outlines the jurisdiction of the IA ministry and the authority of its subjects.


All citizens above the age of 15 are to bare a passport issued by an IA ministry agency. All citizens below the age of 15 are to possess a birth certificate issued to the citizen's parents/guardians at birth.

The birth certificate holder is subject to the holder's parent/guardian's consent and is entitled to
- legal protection according to the bill of children's rights (to be passed later)
- education within ROP institutions

The passport entitles the holder to
- employment in any enterprise operating in the ROP
- independent travel within the ROP and across the border of ROP
- ownership of assets
- give free consent
- enter a marriage agreement
- testify and appear in court
- claim welfare
- bare firearms (unless a history of criminality or mental illness is documented)
- serve in the territorial reserve or the police force

The passport holder is obliged to
- pay tax in accordance to income or assets
- take personal responsibility in court

Enforcement

The following bodies are to act as IA subjects:
The police force
Courts
Intelligence service
Prisons




The police force
1) to be divided into district divisions (urban) and regional divisions (rural)
2) rank and file to be delegated by the district/regional citizens' councils, numbers subject to local decision. District/regional citizens' councils are to be held in venues designated by the IA ministry and their decisions subject to specific regulations to be created or altered at any time by the IA ministry.
3) presiding administrative body to be appointed by the IA ministry, local administrative bodies to be appointed by the IA ministry using rank and file cadres from (2). The local administrative bodies are to hold meeting sessions with the rank and file members on a monthly basis to discuss administrative issues. Reports of the meetings to be submitted to the IA ministry.
4) members of the police gain rights to acting collectively or individually in applying reasonable force to detaining any individual deemed to have violated any law. Actions perceived by the acting administrative body to be going outside the bounds of reasonable force are to be a cause for removal of the member in question from the police force and subjecting to trial by law if a law is deemed to have been violated while acting with unreasonable force
5) the police force has a right to detain the individual in (4) for a period of two days without trial, further detention subject to the courts' consent. Without the consent, the police force has to pass the individual and his case to a court. At this point the individual becomes subject to the courts' jurisdiction and decision.
6) the police force has the obligation to compile all laws broken by the individual in (4) and the respective evidence prior to passing the individual and his case to a court.
7) members of the police force have a right to use an approved list of fire arms (subject to approval of i)the IA ministry ii)the courts, in that order of priority, in self-defence but not in assault. A member of the police collective is subject to trial by law in case of violating (6).
8 ) The police force administrative body has the ownership of resources allocated by the IA ministry and may request for a justified extension of its resources from the IA ministry.




Courts
1) to be divided into i)Local Magistrates ii)the High Court. (i) to be divided into district divisions (urban) and regional divisions (rural). (ii) to be located in the capital. All cases are channelled by default into the respective (i). (ii) has the authority to take over any proceeding in (i) at any time.
2) to have monopoly over interpreting and executing any law for the duration of a trial
3) to be composed of i)jury ii)judge iii)observers
4) (i)has the obligation to process the case of the individual on trial by considering the evidence provided by the police force and reach a verdict ("guilty" or "not guilty"). (ii)has the obligation to produce a sentence for the individual on trial subsequent to (i) reaching the verdict "guilty" basing on the criminal law code. (iii)has right of voice for the duration of the trial subject to local procedure.
5) (i) and (ii) are to be appointed by the Prime Minister in consultation with the IA Ministry for the High Court and by ballot for each Local Magistrate. Any citizen has the right to be in (iii).
6) court discipline is enforced by the police force
7) The individual on trial has a right to defend himself or make use of a free IA ministry provided lawyer
8 ) The trailed individual has the right to appeal to any court for the period of 1 month subsequent to the trial's conclusion. A maximum of two appeals are allowed




Intelligence service
1) The intelligence service is under the joint authority of the IA ministry and the defence ministry




Prisons
1) to be located in venues owned and designated to this purpose by the IA ministry
2) to be administrated by the respective IA ministry department, appointed by the IA minister
3) any individual sentences as "guilty" by a court judge comes into the jurisdiction of the department in (2) at the point of sentencing

[ingliz]

We still have a small problem with the Police, clause 3; you are making the police "political" actors and that is unacceptable. The civil administration is elected by the people and appoints the local administrative body, it should not be a policemen's club.

5) (i) and (ii) are to be appointed by the Prime Minister in consultation with the IA Ministry for the High Court and by ballot for each Local Magistrate. Any citizen has the right to be in (iii).

..and by ballot for each Local Magistrate.

This effects the Courts, clause 5, "magistrates" - Magistrates are not chosen by lottery, unlike the jury they are appointed by the civil administration, the local administrative body. The Police and Judiciary are separate, you are entangling them. This is not acceptable

(i) and (ii) are to be appointed by the Prime Minister in consultation with the IA Ministry for the High Court

High Court judges are appointed by the Prime Minister in consultation with the IA Ministry.

Juries are chosen by lottery, it makes no difference whether it is a lower court or the High Court.

The intelligence services would be better coordinated by one authority, the Office of the Prime Minister, which has ultimate responsibility and delegates operational tasks to the two Ministries.

Children:

Child soldiers - We might get into trouble with the Human Rights lobby. You are conscripting 15 year olds into the Territorial Reserve.

Giving children the right to bear arms is also contentious. I would favour children over the age of 12 being allowed membership of gun clubs and to use arms under the supervision of an adult but should we give a 15 year old the right to bear arms? I am not sure

Child marriages are a cultural thing but should we allow this in Pofo?

Should we allow children to sign legally binding contracts?



What is acceptable:

The passport entitles the holder to
- work
- travel within the ROP and across the border of ROP
- claim welfare

Child soldiers are scrapped.

Child court witnesses are allowed subject to provisions contained in the Child Protection Act.

The police force
1) to be divided into district divisions (urban) and regional divisions (rural)
2) presiding administrative body to be appointed by the IA ministry; local administrative bodies to be appointed by the elected local government.
3) local administrative bodies to appoint chief constables and decide local policing policy subject to ministry guidelines.
4) local administrative bodies to hold meeting sessions with senior officers, rank and file members and local residents on a monthly basis to discuss administrative issues. Reports of the meetings may be submitted to the IA ministry.
5 a) members of the police gain rights to acting collectively or individually in applying reasonable force to detaining any individual deemed to have violated any law. Actions perceived by the acting administrative body to be going outside the bounds of reasonable force are to be a cause for removal of the member in question from the police force and subjecting to trial by law if a law is deemed to have been violated while acting with unreasonable force
b) Any police officer sentenced for crimes, he is duty bound not to commit, will have that sentence increased by two degrees
6) the police force has a right to detain the individual in (4) for a period of two days without trial, further detention subject to the courts' consent. Without the consent, the police force has to pass the individual and his case to a court. At this point the individual becomes subject to the courts' jurisdiction and decision.
7) the police force has the obligation to compile all laws broken by the individual in (4) and the respective evidence prior to passing the individual and his case to a court.
8 ) members of the police force have a right to use an approved list of fire arms (subject to approval of i)the IA ministry ii)the courts, in that order of priority, in self-defence but not in assault. A member of the police collective is subject to trial by law in case of violating (6).
9) The police force administrative body has the ownership of resources allocated by the IA ministry and may request for a justified extension of its resources from the IA ministry.

Accountability and transparency.

Courts
1) to be divided into i)Local Magistrates ii)the High Court. (i) to be divided into district divisions (urban) and regional divisions (rural). (ii) to be located in the capital. All cases are channelled by default into the respective (i). (ii) has the authority to take over any proceeding in (i) at any time.
2) to have monopoly over interpreting and executing any law for the duration of a trial
3) to be composed of i)jury ii)judge iii)observers
4 a) the accused has the right to trial by a jury. The accused may waive that right and be tried by a judge alone if he so chooses
b) Trial by jury - (i) has the obligation to process the case of the individual on trial by considering the evidence provided by the police force and reach a verdict ("guilty" or "not guilty"). (ii) has the obligation to advise i) on Law and produce a sentence for the individual on trial, subsequent to (i) reaching the verdict "guilty", based on the punishment provisions in the Criminal Law Code. (iii) has the right to observe in all cases
5) i) Juries are to be chosen by ballot (lottery) (ii) High Court Judges are to be appointed by the Prime Minister in consultation with the IA Ministry. Local Councils are to appoint Magistrates. Any citizen has the right to be in (iii).
6) court discipline is enforced by the police force
7) The individual on trial has a right to defend himself or make use of a free IA ministry provided lawyer
8 ) The trailed individual has the right to appeal to any court for the period of 1 month subsequent to the trial's conclusion. A maximum of two appeals are allowed

Transparency

Intelligence service
1) The intelligence service is under the authority of the Office of the Prime Minister which will delegate operational tasks to the IA ministry and the defence ministry as necessary

Accountability

[Thunderhawk]

First off, it sounds like half of what the passport would do, could be done with something simpler, like a Solcial insurance number. The other half shouldnt need any such documention aside from ID.

All citizens above the age of 15 are to bare a passport issued by an IA ministry agency.

Oppose.

All citizens below the age of 15 are to possess a birth certificate issued to the citizen's parents/guardians at birth.

Oppose.

The passport entitles the holder to
- employment in any enterprise operating in the ROP
- independent travel within the ROP and across the border of ROP
So no passport, no traveling to family/friends in other cities? Even if its only an hour drive?
Deplorable.

- ownership of assets
So children cannot own assets?
And those who are older must get a passport or be forbidden to own anything?

- give free consent
- enter a marriage agreement
- testify and appear in court
Why does this need any documention, other then proof of identity?


The passport holder is obliged to
- pay tax in accordance to income or assets
- take personal responsibility in court

So a non-passport holder who is reciving funds off shore from a trust/business/etc wont be taxed?
You want us to be a tax haven?

2) rank and file to be delegated by the district/regional citizens' councils, numbers subject to local decision. District/regional citizens' councils are to be held in venues designated by the IA ministry and their decisions subject to specific regulations to be created or altered at any time by the IA ministry.

So bad cops that know how to cover their tracks wont be removable by the judges, and if they are popular - legitimately popular or part of a mob - they will also be unremovable?

3) presiding administrative body to be appointed by the IA ministry

Why would the ministry know whats going on better then the locals?

Intelligence service
1) The intelligence service is under the joint authority of the IA ministry and the defence ministry

Who, ultimately, heads it?
When some one royals makes a mistake or something great is accomplished and it gets media exposure, who gets the blame?
Or will IA and Defence just pass/grab the buck back and forth untill they hate each other?

[Figlio di Moros]

Child soldiers? The youngest I'd find service acceptable would be 16, although I would support universal conscription for a period of two to six years to instill discipline & expand vocational training; however, considering our poor fiscal condition, it may be economically unadvantageous at this time. Citizen ID may work better for now.

[MistyTiger]

I don't like the idea of child soldiers either. I think an acceptable age is 17.

So no passport, no traveling to family/friends in other cities? Even if its only an hour drive?
Deplorable.

I think this is a good point. What say you, Vladimir or ingliz?

[ingliz]

Thunderhawk:

I have already suggested an ID card in the party thread.

"Passport"/ID, the technology is the same - biometric, 'chipped', credit card size plastic, with a photo in one corner - they look the same. They are the same if we choose to streamline documentation. They can be combined passport, ID, and National Insurance card in one: Does it really matter what they are called?

It does matter what they are used for.

I do think everyone should carry ID in these troubled times to show identity, verify transactions, and access government services

"Passports" amended and replaced with:

1) All citizens to be issued with an ID card to be used to show identity, verify transactions, and access government services.
2) Persons authorised to access, disseminate and use such information must abide by, and are subject to the sanction provided in law if they contravene, regulations as set out in the Data Protection Act 2006 as amended 2008.

If you look at my amendments you will see most of your concerns have been addressed.

Police:

2) presiding administrative body to be appointed by the IA ministry; local administrative bodies to be appointed by the elected local government - District or Regional Councils.

3) local administrative bodies to appoint chief constables and decide local policing policy subject to ministry guidelines

5 b) Any police officer sentenced for crimes, he is duty bound not to commit, will have that sentence increased by two degrees

Intelligence services:

1) The intelligence service is under the control of the Office of the Prime Minister which delegates operational tasks to the IA ministry and the defence ministry as necessary

How I think the legislation should look:

Internal Affairs act No.1

The act is designed to reform the authoritarian executive system inherited from the dictatorship which has been the de-facto scheme for the executive branch despite nominal changes.
The act will modernise the system of interpretation and execution of laws.
The act outlines the jurisdiction of the IA ministry and the authority of its subjects.


ID Card:

1) All citizens to be issued with an ID card to be used to show identity, verify transactions, and access government services.
2) Persons authorised to access, disseminate and use such information must abide by, and are subject to the sanction provided in law if they contravene, regulations as set out in the Data Protection Act 2006 as amended 2008.


Enforcement

The following bodies are to act as IA subjects:
The police force
Courts
Intelligence service
Prisons



The police force:

1) to be divided into district divisions (urban) and regional divisions (rural)
2) presiding administrative body to be appointed by the IA ministry; local administrative bodies to be appointed by the elected local government - District or Regional Councils.
3) local administrative bodies to appoint chief constables and decide local policing policy subject to ministry guidelines.
4) local administrative bodies to hold meeting sessions with senior officers, rank and file members and local residents on a monthly basis to discuss administrative issues. Reports of the meetings will be submitted for consideration by local government and may be submitted to the IA ministry as necessary.
5 a) members of the police gain rights to acting collectively or individually in applying reasonable force to detaining any individual deemed to have violated any law. Actions perceived by the acting administrative body to be going outside the bounds of reasonable force are to be a cause for removal of the member in question from the police force and subjecting to trial by law if a law is deemed to have been violated while acting with unreasonable force
b) Any police officer sentenced for crimes, he is duty bound not to commit, will have that sentence increased by two degrees
6) the police force has a right to detain the individual in (5) for a period of two days without trial, further detention subject to the courts' consent. Without the consent, the police force has to pass the individual and his case to a court. At this point the individual becomes subject to the courts' jurisdiction and decision.
7) the police force has the obligation to compile all laws broken by the individual in (5) and the respective evidence prior to passing the individual and his case to a court.
8 ) members of the police force have a right to use an approved list of fire arms (subject to approval of i)the IA ministry ii)the courts, in that order of priority, in self-defence but not in assault. A member of the police collective is subject to trial by law in case of violating (6).
9) The police force administrative body has the ownership of resources allocated by the IA ministry and may request for a justified extension of its resources from the IA ministry.


Courts:

1) to be divided into i)Local Magistrates ii)the High Court. (i) to be divided into district divisions (urban) and regional divisions (rural). (ii) to be located in the capital. All cases are channelled by default into the respective (i). (ii) has the authority to take over any proceeding in (i) at any time.
2) to have monopoly over interpreting and executing any law for the duration of a trial
3) to be composed of i)jury ii)judge iii)observers
4 a) the accused has the right to trial by a jury. The accused may waive that right and be tried by a judge alone if he so chooses
b) Trial by jury - (i) has the obligation to process the case of the individual on trial by considering the evidence provided and reach a verdict ("guilty" or "not guilty"). (ii) has the obligation to advise i) on points of law and produce a sentence if the accused is convicted, subsequent to (i) reaching the verdict "guilty", based on the punishment provisions in the Criminal Law Code. (iii) has the right to observe in all cases
5) i)Juries are to be chosen by ballot (lottery) (ii)High Court Judges are to be appointed by the Prime Minister in consultation with the IA Ministry. Local government are to appoint Magistrates. Any citizen has the right to be in (iii).
6) court discipline is enforced by the police force
7) The individual on trial has a right to defend himself or make use of a free IA ministry provided lawyer
8 ) The trailed individual has the right to appeal to any court for the period of 1 month subsequent to the trial's conclusion. A maximum of two appeals are allowed



Intelligence services:

1) The intelligence service is under the control of the Office of the Prime Minister which delegates operational tasks to the IA ministry and the defence ministry as necessary.
(2) The function of the Service shall be the protection of national security and, in particular, its protection against threats from espionage, terrorism and sabotage, from the activities of agents of foreign powers and from actions intended to overthrow or undermine the state by political, industrial or violent means.
(3) It shall also be the function of the Service to safeguard the economic well-being of the ROP against threats posed by the actions or intentions of persons outside the PoFo Islands.




Prisons:

1) to be located in venues owned and designated to this purpose by the IA ministry
2) to be administrated by the respective IA ministry department, appointed by the IA minister
3) any individual given a custodial sentence by a court judge comes into the jurisdiction of the department in (2) at the point of sentencing

[Thunderhawk]

2) presiding administrative body to be appointed by the IA ministry; local administrative bodies to be appointed by the elected local government - District or Regional Councils.

So the leaders of the Federal/national police are subject to the whims of the ruling party/coalition ?
Im not saying they should be unremovable, but that they can be replaced at the whims of a politician is.. a concern.

Will the leader of the fed./nat. police be assigned a political officer, or will he simply be a commisar?

b) Any police officer sentenced for crimes, he is duty bound not to commit, will have that sentence increased by two degrees

What kind of crimes are police duty bound not to commit?
What is the justification for drawing the line there rather then somewhere else?

6) the police force has a right to detain the individual in (5) for a period of two days without trial, further detention subject to the courts' consent. Without the consent, the police force has to pass the individual and his case to a court. At this point the individual becomes subject to the courts' jurisdiction and decision.

What about being charged with a crime and then held?

(ii)High Court Judges are to be appointed by the Prime Minister in consultation with the IA Ministry.

Is there a limit on the amount of high court judges?
Does the ruling exec/legislative body have the right to dismiss the judges at any time?

8 ) The trailed individual has the right to appeal to any court for the period of 1 month subsequent to the trial's conclusion. A maximum of two appeals are allowed

A little short, no?
In most cases its enough time, but for larger cases appeals, and organizing the defence for a new case, might take more then one month.

Why not cap it at 3 months?
Gives more time to organize, but not so long witnesses need fear indefinately.

1) The intelligence service is under the control of the Office of the Prime Minister which delegates operational tasks to the IA ministry and the defence ministry as necessary.

What degree of autonomy do they have?
Or are they simply going to be the PM's pet secret police?

(2) The function of the Service shall be the protection of national security and, in particular, its protection against threats from espionage, terrorism and sabotage, from the activities of agents of foreign powers and from actions intended to overthrow or undermine the state by political, industrial or violent means.

scenario:
A foreigner financially supports an existing and leading opposition party with a notable, but still small, donation.
The Communist party tells the Intelligence agency head (probably a party member) to deem the opposing party to be under foriegn influence and thus open to intelligence attack dogs.

[ingliz]

So bad cops that know how to cover their tracks wont be removable by the judges, and if they are popular - legitimately popular or part of a mob - they will also be unremovable?

Im not saying they should be unremovable, but that they can be replaced at the whims of a politician is.. a concern.

You can't have it both ways, the police are servants of the state when all is said and done.

Will the leader of the fed./nat. police be assigned a political officer, or will he simply be a commisar?

He will be a policeman.

The Ministry and the local administrative bodies administrate - They are not the police.

The admin. will set policy and provide funding for federal and local policing.

Amended to:

1 a) The police force is not one service, but many forces, local and autonomous, tailored to meet local needs, within ministry guidelines.
b) to be divided into district divisions (urban) and regional divisions (rural)
c) Federal Police Bureau to provide specialist services to local forces and oversee/coordinate serious crime investigations that cross jurisdictions.

What kind of crimes are police duty bound not to commit?

All crimes

Amended to

5 b) A police officer being sentenced for a crime will have that sentence increased by two degrees and be removed from the force.

What about being charged with a crime and then held?

Amended to:

6) the police force has a right to detain the individual in (5) for a period of 12 hours without charge and two days without trial, further detention subject to the courts' consent. Without the consent, the police force has to pass the individual and his case to a court. At this point the individual becomes subject to the courts' jurisdiction and decision.

Is there a limit on the amount of high court judges?
Does the ruling exec/legislative body have the right to dismiss the judges at any time?

Is there a limit on justice? High Court judges are trial judges and can only be dismissed for misconduct. The executive and the judiciary are separate. Although the Prime Minister chooses the judge, once chosen, they are autonomous agents and their actions are checked by the legal appeals process not the politicians.

Magistrates are trial judges and can only be dismissed for misconduct. The executive and the judiciary are separate. Although the local administration chooses the judge, once chosen, they are autonomous agents and their actions are checked by the legal appeals process not the politicians.

We could set a statutory retirement age if you wish?

Why not cap it at 3 months?

Fine by me but I would allow for indefinite judicial review if new evidence arises.

Appeals clause amended to 3 months and new clause inserted:

8 b) Judicial review - A case can always be reopened if new evidence arises.

What degree of autonomy do they have?

None, they are answerable to the Prime Minister who is answerable to Parliament.

If you are so bothered by this, Parliament can appoint an independent commisioner with a brief to review and report back. But the Prime Minister will still need the power of veto, disclosing sensitive information is a delicate business

Clause added:

4 a) Parliament to appoint an independent Commissioner to review all documents relating to the Service and report to the House
b) If it appears to the Prime Minister, after consultation with the Commissioner, that the publication of any matter in a report would be prejudicial to the continued discharge of the functions of the Service, the Prime Minister may exclude that matter from the copy of the report as laid before the House.

Your hypothetical:

A foreigner financially supports an existing and leading opposition party with a notable, but still small, donation...open to intelligence attack dogs..

Foreign interference in PoFo politics is not allowed and so, yes, the Party would be of interest to the intelligence service.


A revised version:

Internal Affairs Act No.1, 2009

The act is designed to reform the authoritarian executive system inherited from the dictatorship which has been the de-facto scheme for the executive branch despite nominal changes.
The act will modernise the system of interpretation and execution of laws.
The act outlines the jurisdiction of the IA ministry and the authority of its subjects.


ID Card:

1) All citizens to be issued with an ID card to be used to show identity, verify transactions, and access government services.
2) Persons authorised to access, disseminate and use such information must abide by, and are subject to the sanction provided in law if they contravene, regulations as set out in the Data Protection Act 2006 as amended 2008.


Enforcement

The following bodies are to act as IA subjects:
The police force
Courts
Intelligence service
Prisons



The police force:

1 a) The police force is not one service, but many forces, local and autonomous, tailored to meet local needs, within ministry guidelines.
b) to be divided into district divisions (urban) and regional divisions (rural)
c) Federal Police Bureau to provide specialist services to local forces and oversee/coordinate serious crime investigations that cross jurisdictions.
2) presiding administrative body to be appointed by the IA ministry; local administrative bodies to be appointed by the elected local government - District or Regional Councils.
3) local administrative bodies to appoint chief constables and decide local policing policy subject to ministry guidelines.
4) local administrative bodies to hold meeting sessions with senior officers, rank and file members and local residents on a monthly basis to discuss administrative issues. Reports of the meetings will be submitted for consideration by local government and may be submitted to the IA ministry as necessary.
5 a) members of the police gain rights to acting collectively or individually in applying reasonable force to detaining any individual deemed to have violated any law. Actions perceived by the acting administrative body to be going outside the bounds of reasonable force are to be a cause for removal of the member in question from the police force and subjecting to trial by law if a law is deemed to have been violated while acting with unreasonable force
b) A police officer being sentenced for a crime will have that sentence increased by two degrees and be removed from the force.
6) the police force has a right to detain the individual in (5) for a period of 12 hours without charge and two days without trial, further detention subject to the courts' consent. Without the consent, the police force has to pass the individual and his case to a court. At this point the individual becomes subject to the courts' jurisdiction and decision.
7) A member of the police collective is subject to trial by law in case of violating (6).
8 ) members of the police force have a right to use an approved list of fire arms (subject to approval of i)the IA ministry ii)the courts, in that order of priority, in self-defence but not in assault.
9 ) the police force has the obligation to compile all laws broken by the individual in (5) and the respective evidence prior to passing the individual and his case to a court.
10) The police force administrative body has the ownership of resources allocated by the IA ministry and may request for a justified extension of its resources from the IA ministry


Courts:

1) to be divided into i)Local Magistrates ii)the High Court. (i) to be divided into district divisions (urban) and regional divisions (rural). (ii) to be located in the capital. All cases are channelled by default into the respective (i). (ii) has the authority to take over any proceeding in (i) at any time.
2) to have monopoly over interpreting and executing any law for the duration of a trial
3) to be composed of i)jury ii)judge iii)observers
4 a) the accused has the right to trial by a jury. The accused may waive that right and be tried by a judge alone if he so chooses
b) Trial by jury - (i) has the obligation to process the case of the individual on trial by considering the evidence provided and reach a verdict ("guilty" or "not guilty"). (ii) has the obligation to advise i) on points of law and produce a sentence if the accused is convicted, subsequent to (i) reaching the verdict "guilty", based on the punishment provisions in the Criminal Law Code. (iii) has the right to observe in all cases
5 a) i)Juries are to be chosen by ballot (lottery) (ii)High Court Judges are to be appointed by the Prime Minister in consultation with the IA Ministry. Local government are to appoint Magistrates. Any citizen has the right to be in (iii).
b) Statutory retirement of (ii) High Court Judges - 73 yrs of age; Magistrates - 67 yrs of age.
c) Judges may apply for early retirement at their own discretion. High Court Judges to petition the Office of the Prime Minister, Magistrates the local government.
6) court discipline is enforced by civilian ushers aided by the police when necessary.
7) The individual on trial has a right to defend himself or make use of a free IA ministry provided lawyer
8 a) The trailed individual has the right to appeal to any court for the period of 3 months subsequent to the trial's conclusion. A maximum of two appeals are allowed
b) Judicial review - A case can always be reopened if new evidence arises.

Intelligence service:

1) The intelligence service is under the control of the Office of the Prime Minister which delegates operational tasks to the IA ministry and the defence ministry as necessary.
(2) The function of the Service shall be the protection of national security and, in particular, its protection against threats from espionage, terrorism and sabotage, from the activities of agents of foreign powers and from actions intended to overthrow or undermine the state by political, industrial or violent means.
(3) It shall also be the function of the Service to safeguard the economic well-being of the ROP against threats posed by the actions or intentions of persons outside the PoFo Islands.
4 a) Parliament to appoint an independent Commissioner to review all documents relating to the Service and report to the House
b) If it appears to the Prime Minister, after consultation with the Commissioner, that the publication of any matter in a report would be prejudicial to the continued discharge of the functions of the Service, the Prime Minister may exclude that matter from the copy of the report as laid before the House.

Prisons:

1) to be located in venues owned and designated to this purpose by the IA ministry
2) to be administrated by the respective IA ministry department, appointed by the IA minister
3) any individual given a custodial sentence by a court judge comes into the jurisdiction of the department in (2) at the point of sentencing

[dilpill]

b) Judicial review - A case can always be reopened if new evidence arises.

Wouldn't this allow double jeopardy? There should be another clause that dissalows retrials of trials that have already resulted in an aquittal.

[ingliz]

Why? What I mean is, if you can give a good reason why criminals shouldn't be prosecuted for their misdeeds I will be happy to insert the "get out of jail free" card

[Thunderhawk]

8 b) Judicial review - A case can always be reopened if new evidence arises.

I suggest:

8 b) Judicial review - A case can always be reopened if new evidence arises and an appeal judge deems it sufficient to reopen the case and the new evidence was found in good faith.

Otherwise crown/district attornies could omit a couple pieces of evidence and then use it to get a retrial if they loose, and then get another retrial, and another, etc.. hopping to get a lax/friendly judge.

There should be a system in place to ensure the government/government_employees isnt being vindictive by using the courts to impovrish/harass a person (political dissident) ala Singapore. Double jeopardy solves that problem, but I dislike it as it negates new evidence. I rather allow retrials, but there must be substantial new evidence, and it must be shown that the new evidence is legitimately new, not just hidden/neglected so the attorney could get another crack at the defendent.

[ingliz]

8 b) Judicial review - A case can always be reopened if new evidence arises.

Amended to:

8 b) Judicial review - A High Court case can always be reopened by the Review Board of the Court of Appeals if substantial new evidence arises.
c) Review Board to be a panel of 4 senior judges convened as necessary

Minor offenders benefit from double jeopardy, will that do?


Internal Affairs Act No.1, 2009

The act is designed to reform the authoritarian executive system inherited from the dictatorship which has been the de-facto scheme for the executive branch despite nominal changes.
The act will modernise the system of interpretation and execution of laws.
The act outlines the jurisdiction of the IA ministry and the authority of its subjects.


ID Card:

1) All citizens to be issued with an ID card to be used to show identity, verify transactions, and access government services.
2) Persons authorised to access, disseminate and use such information must abide by, and are subject to the sanction provided in law if they contravene, regulations as set out in the Data Protection Act 2006 as amended 2008.


Enforcement

The following bodies are to act as IA subjects:
The police force
Courts
Intelligence service
Prisons


The police force:

1 a) The police force is not one service, but many forces, local and autonomous, tailored to meet local needs, within ministry guidelines.
b) to be divided into district divisions (urban) and regional divisions (rural)
c) Federal Police Bureau to provide specialist services to local forces and oversee/coordinate serious crime investigations that cross jurisdictions.
2) presiding administrative body to be appointed by the IA ministry; local administrative bodies to be appointed by the elected local government - District or Regional Councils.
3) local administrative bodies to appoint chief constables and decide local policing policy subject to ministry guidelines.
4) local administrative bodies to hold meeting sessions with senior officers, rank and file members and local residents on a monthly basis to discuss administrative issues. Reports of the meetings will be submitted for consideration by local government and may be submitted to the IA ministry as necessary.
5 a) members of the police gain rights to acting collectively or individually in applying reasonable force to detaining any individual deemed to have violated any law. Actions perceived by the acting administrative body to be going outside the bounds of reasonable force are to be a cause for removal of the member in question from the police force and subjecting to trial by law if a law is deemed to have been violated while acting with unreasonable force
b) A police officer being sentenced for a crime will have that sentence increased by two degrees and be removed from the force.
6) the police force has a right to detain the individual in (5) for a period of 12 hours without charge and two days without trial, further detention subject to the courts' consent. Without the consent, the police force has to pass the individual and his case to a court. At this point the individual becomes subject to the courts' jurisdiction and decision.
7) A member of the police collective is subject to trial by law in case of violating (6).
8 ) members of the police force have a right to use an approved list of fire arms (subject to approval of i)the IA ministry ii)the courts, in that order of priority, in self-defence but not in assault.
9 ) the police force has the obligation to compile all laws broken by the individual in (5) and the respective evidence prior to passing the individual and his case to a court.
10) The police force administrative body has the ownership of resources allocated by the IA ministry and may request for a justified extension of its resources from the IA ministry


Courts:

1) to be divided into i)Local Magistrates ii)the High Court. (i) to be divided into district divisions (urban) and regional divisions (rural). (ii) to be located in the capital. All cases are channelled by default into the respective (i). (ii) has the authority to take over any proceeding in (i) at any time.
2) to have monopoly over interpreting and executing any law for the duration of a trial
3) to be composed of i)jury ii)judge iii)observers
4 a) the accused has the right to trial by a jury. The accused may waive that right and be tried by a judge alone if he so chooses
b) Trial by jury - (i) has the obligation to process the case of the individual on trial by considering the evidence provided and reach a verdict ("guilty" or "not guilty"). (ii) has the obligation to advise i) on points of law and produce a sentence if the accused is convicted, subsequent to (i) reaching the verdict "guilty", based on the revised sentencing guidelines (Legal Notice AG 2008/17) and punishment provisions as scheduled in the Criminal Code 1951 as amended. (iii) has the right to observe in all cases
5 a) i)Juries are to be chosen by ballot (lottery) (ii)High Court Judges are to be appointed by the Prime Minister in consultation with the IA Ministry. Local government are to appoint Magistrates. Any citizen has the right to be in (iii).
b) Statutory retirement of (ii) High Court Judges - 73 yrs of age; Magistrates - 67 yrs of age.
c) Judges may apply for early retirement at their own discretion. High Court Judges to petition the Office of the Prime Minister, Magistrates the local government.
6) court discipline is enforced by civilian ushers aided by the police when necessary.
7) The individual on trial has a right to defend himself or make use of a free IA ministry provided lawyer
8 a) The trailed individual has the right to appeal to any court for the period of 3 months subsequent to the trial's conclusion. A maximum of two appeals are allowed
b) Judicial review - A High Court case can always be reopened by the Review Board of the Court of Appeals if substantial new evidence arises.
c) Review Board to be a panel of 4 senior judges convened as necessary


Intelligence service:

1) The intelligence service is under the control of the Office of the Prime Minister which delegates operational tasks to the IA ministry and the defence ministry as necessary.
(2) The function of the Service shall be the protection of national security and, in particular, its protection against threats from espionage, terrorism and sabotage, from the activities of agents of foreign powers and from actions intended to overthrow or undermine the state by political, industrial or violent means.
(3) It shall also be the function of the Service to safeguard the economic well-being of the ROP against threats posed by the actions or intentions of persons outside the PoFo Islands.
4 a) Parliament to appoint an independent Commissioner to review all documents relating to the Service and report to the House
b) If it appears to the Prime Minister, after consultation with the Commissioner, that the publication of any matter in a report would be prejudicial to the continued discharge of the functions of the Service, the Prime Minister may exclude that matter from the copy of the report as laid before the House.


Prisons:

1) to be located in venues owned and designated to this purpose by the IA ministry
2) to be administrated by the respective IA ministry department, appointed by the IA minister
3) any individual given a custodial sentence by a court judge comes into the jurisdiction of the department in (2) at the point of sentencing


I think this is very close to the final version but I am open to any suggestions that you feel may improve the bill.