2. Criminal / Revison / Economic Cases ====================================== 2.1 Presentation of Charge Sheet ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. DPP/Police/Prosecutor/Applicant presents charge sheet at the registry. 2. Court clerk presents the charge sheet to magistrate in charge. To-Be Process ------------- 1. DPP/Police/Prosecutor/applicant submits Charge sheet/application to the magistrate in charge at the registry. 2.2 Case Admission ~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. Magistrate In charge scrutinizes the correctness of the charge sheet. 2. Magistrate In charge of the resident magistrates’ court admits, returns or rejects the charge sheet. 3. Magistrate In charge returns the charge sheet to court clerk for appropriate actions. To-Be Process ------------- 1. Magistrate In charge scrutinizes the correctness of the charge sheet/application. 2. Magistrate In charge Admits, returns or rejects the charge sheet/application. .. note:: * Instant feedback is given to the DPP/Police/Prosecutor/applicant in case of rejection or return. 2.3 Case Registration ~~~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. Court Clerk registers the admitted case into register book. 2. Court Clerk opens the respective physical case file. 3. Court Clerk tables the case file to the magistrate in charge for assignment. To-Be Process ------------- 1. Magistrate in charge registers the charge sheet/application after admission. .. note:: * Instant feedback is given to the Police/Prosecutor/DPP/applicant after admission and registration. 2.4 Case Assignment ~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. Magistrate in charge assigns the case file that was registered in the resident magistrate register to a particular magistrate at the resident magistrate court. 2. Magistrate in charge may assign the case file that was registered in the resident magistrates’ court to a magistrate at the district court. 3. The assigned magistrate at the resident magistrate or district court fixes a date for mention/preliminary hearing/hearing. To-Be Process ------------- 1. Automatic assignment based on workload per magistrate with intervention of the magistrate in charge. 2. Assigned magistrate fixes a date for hearing. 2.5 Preliminary Stages ~~~~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. Court clerk prepares summons to prosecution witnesses in case of criminal cases. 2. Court Clerk tables the prepared summons for endorsement by the assigned Magistrate. 3. The summons served to the witnesses in case of criminal cases (by prosecutor), 4. Court process server swears an affidavit of service. To-Be Process ------------- 1. Court clerk extracts summons for electronic and physical dispatch. 2. Court clerk extracts case file and prints for physical filing. 2.6 Hearing Process ~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. The court reads the charge to the accused to plea. a. if the accused pleads guilty, the case is concluded by sentencing. b. If the accused pleads not guilty, the magistrate conducts preliminary hearing. 2. Magistrate hears the prosecution case. 3. Magistrate issues a ruling of no case to answer after the closure of the prosecution case. 4. Hearing of defense case. 5. Prosecutor and defense may file final submissions. 6. Magistrate fixes a date for judgement. .. note:: A. Economic Cases 1. Hearing commences when the DPP confers jurisdiction to a court of his choice (Consent). 2. The case processes in criminal litigation apply. B. Juvenile Cases * After the closure of the defense case, the community services officer submits in court his or her report (social enquiry report). To-Be Process ------------- 1. The accused pleas to the charge (through virtual court where applicable). 2. The magistrate hears the case (through virtual court where applicable). 3. Magistrate issues a ruling of no case to answer in the presence of assessors (through virtual court where applicable). 4. Hearing of defense case (through virtual court where applicable). 5. Magistrate fixes a date for judgement. 2.7 Pronouncement of Judgment ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. After the closure of the defense case, the magistrate pronounces judgment. To-Be Process ------------- 1. Magistrate Pronounces Judgment (through virtual court where applicable). 2.8 Sentencing ~~~~~~~~~~~~~~ As-Is Process ------------- 1. Magistrate acquits or convicts the accused. 2. In case of revision, magistrate may uphold, reverse a previous decision, or give necessary directives. .. note:: A. Juvenile Cases * If convicted the child will be put remand home for a period specified by the court. B. Notice of intention to Appeal * The convict gives/files his notice of intention to appeal within ten (10) days from the date of judgement. To-Be Process ------------- 1. Magistrate Pronounces sentence (through virtual court where applicable). 2.9 Drawing of Conviction Order and Supply ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. Court clerk prepares a conviction warrant, release order, or order of rearrests. 2. Magistrate endorses the conviction warrant or release order. 3. Court clerk supplies the above orders to the police or prison officers. 4. Police or prison officer presents the order above to the respective prison custody. To-Be Process ------------- 1. Magistrate convicts or releases the accused (through virtual court where applicable). 2. Magistrate delivers conviction warrant to police and prisons for their records 2.10 Fines & Other Payments ~~~~~~~~~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. Accountant/court clerk prepares a control number if a magistrate orders payment of a fine. 2. Fine is paid through banks or mobile money operators. 3. Payment receipt is submitted to accountant/court clerk who in turn issues an ERV receipt. 4. A copy of ERV or payment receipt is attached to the case file by the court clerk. To-Be Process ------------- 1. Court clerk confirms fine as ordered by magistrate. 2. Court clerk presents a control number for respective fine to the accused for payment. 2.11 Suo Moto ~~~~~~~~~~~~~~ As-Is Process ------------- 1. Magistrate in charge may on his/her own accord call for lower courts’ records and revise the same. 2. Court clerk opens and registers a revision file. 3. Court clerk tables the revision file before the resident magistrate in charge for orders. 4. Magistrate in charge gives necessary orders. 5. The original file is returned to the magistrate in charge of the lower courts for execution of the revision orders. To-Be Process ------------- 1. Magistrate in charge may on his/her own accord view and peruse lower court records for purposes of revision. 2. Magistrate in charge may request the case file from the lower court for revision purpose. 3. Magistrate in charge registers a revision file. 4. Resident magistrate in charge gives necessary orders and submits to the intended lower court for execution of orders. 2.12 Confirmation ~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. If the trial resident magistrate is not of a rank of a senior resident magistrate, he/she should order that the case file be remitted to the high court for confirmation of sentence (if the sentence is more than five years). 2. The case file is tabled at the resident magistrate in charge who prepares a covering letter and forwards the case file to the Judge in charge for confirmation. To-Be Process ------------- 1. The trial magistrate submits the case file to the resident magistrate in charge. 2. Resident magistrate in charge submits the case file to the high court registry.