2. Criminal / Appeal / Revison / Confirmation Cases

2.1 Presentation of charge Sheet / Appeal / Revision

As-Is Process

  1. DPP/Police/Prosecutor/ presents charge sheet/appeal/revision at the registry.

  2. Court clerk presents the charge sheet/appeal/revision to Resident magistrate in charge.

Note

Appeal originating from Primary Court

  1. Appellant submits his appeal to the high court through the district court.

  2. Court clerk of the district court submits the petition of appeal to the resident magistrate in charge of the district court for admission.

To-Be Process

  1. DPP/Police/applicant/appellant submits Charge sheet/application/appeal at the registry.

2.2 Case Admission

As-Is Process

  1. Resident Magistrate In charge scrutinizes the correctness of the charge sheet/appeal/revision.

  2. Resident Magistrate In charge admits, returns or rejects the charge sheet/appeal/revision.

  3. Resident Magistrate In charge returns the charge sheet/appeal/revision to court clerk for appropriate actions.

Note

Appeal originating from Primary Court

  • The district court registry remits the petition of appeal to high court registry.

To-Be Process

  1. Magistrate In charge scrutinizes the correctness of the charge sheet/application/appeal

  2. Magistrate In charge Admits, returns or rejects the charge sheet/application/appeal

Note

  • Instant feedback is given to the DPP/Police/applicant/appellant in case of rejection or return.

2.3 Case Registration

As-Is Process

  1. Court clerk of the District court registers the admitted charge sheet/appeal/revision in the District court register.

  2. The court clerk of the District court registers the admitted charge sheet/appeal/revision in the court register.

To-Be Process

  1. Resident Magistrate in charge registers the charge sheet/application/appeal after admission.

Note

  • Instant feedback is given to the DPP/Police/applicant/appellant after admission and registration.

2.4 Case Assignment

As-Is Process

  1. Magistrate In charge assigns the case file to a particular magistrate at the district court.

  2. The assigned magistrate at the 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/respondent.

  2. Court Clerk tables the prepared summons for endorsement by the assigned Magistrate.

  3. The summons served to the witnesses/respondent.

  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. Magistrate hears the charge/appeal/revision.

  2. Magistrate issues a ruling of no case to answer after the closure of the prosecution case.

  3. Hearing of defense case.

  4. Magistrate fixes a date for judgement.

To-Be Process

  1. The magistrate hears the appeal/revision and in case of criminal, the accused pleas to the charge (through virtual court where applicable).

  2. Magistrate issues a ruling of no case to answer after the closure of the prosecution case (through virtual court where applicable).

  3. The magistrate hears the defense case (through virtual court where applicable).

2.7 Pronouncement of Judgment / Ruling

As-Is Process

  1. After the closure of the defense or at the conclusion of the appeal/revision, the magistrate pronounces judgment/ruling.

To-Be Process

  1. Magistrate Pronounces Judgment/ruling (through virtual court where applicable).

2.8 Sentencing

As-Is Process

  1. In case of criminal cases, magistrate convicts or acquits the accused.

  2. In case of appeal petition/revision, magistrate may uphold, reverse a previous decision, or give necessary directives.

Note

  1. Notice of intention to Appeal

    • The convict gives/files his notice of intention to appeal within ten (10) days from the date of judgement.

  2. Juvenile Cases

    • If convicted the child will be put remand home for a period specified by the court.

Note

  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. Magistrate Pronounces sentence (through virtual court where applicable).

Note

Notice of intention to Appeal

  • The convict gives/files his notice of intention to appeal within ten (10) days from the date of judgement.

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 Trial De Novo

As-Is Process

  1. Magistrate who hears an appeal may order a case to restart at the lower court.

  2. The court clerk remits lower court records to the particular lower court for orders.

To-Be Process

  1. Magistrate orders a case to restart at the lower court (through virtual court where applicable).

  2. The magistrate submits lower court record to the particular lower court for orders.

2.12 Suo Moto

As-Is Process

  1. Magistrate in charge may on his/her own accord call for lower court 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 court 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.

2.13 Confirmation

As-Is Process

  1. The district court registry receives the primary court file for confirmation purposes.

  2. Court clerk opens and registers a confirmation file.

  3. Court clerk tables the confirmation file together with a primary court file for orders.

  4. The resident magistrate in charge issues necessary orders.

  5. The court clerk remits the primary court file to the respective primary court along with the confirmation order.

To-Be Process

  1. Magistrate in charge views the primary court file for confirmation purposes.

  2. Magistrate in charge registers a confirmation file.

  3. Resident magistrate in charge gives necessary orders and submits to the intended lower court for execution of orders.