2. Criminal Cases

2.1 Presentation of charge sheet/complaint

As-Is Process

  1. Police or Complainant presents Charge sheet/ complaint at the registry.

  2. Court Clerk presents the charge sheet/ complaint to magistrate in charge.

To-Be Process

  1. Police or Complainant submits Charge sheet/ complaint at the registry.

2.2 Case Admission

  1. Magistrate In charge scrutinizes the correctness of the charge sheet/ complaint.

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

  3. Magistrate In charge remits the charge sheet/ complaint to court clerk for appropriate actions.

  4. Court clerk gives feedback to police/complainant on whether the charge sheet was admitted, rejected or returned.

To-Be Process

  1. Magistrate In charge scrutinizes the correctness of the charge sheet/ complaint.

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

Note

  • Instant feedback is given to the police/complainant in case of rejection or return.

2.3 Case Registration

  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 after admission.

Note

  • Instant feedback is given to the police/complainant after admission and registration.

2.4 Case Assignment

  1. Magistrate In charge assigns the case file to a particular magistrate and a pair of assessors.

  2. Magistrate In charge returns case file to court clerk to present to the assigned magistrate for orders.

  3. Assigned magistrate fixes a date for 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

  1. Court clerk prepares summons.

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

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

  1. The accused pleas to the charge.

  2. Trial Magistrate Hears the complainant’s witnesses with aid of assessors.

  3. Trial Magistrate issues a ruling of no case to answer in the presence of assessors.

  4. Trial Magistrate hears defense case in the presence of assessors.

  5. Magistrate fixes a date for judgement.

To-Be Process

  1. The accused pleas to the charge (through virtual court where applicable).

  2. Trial Magistrate hears the complainant’s witnesses with aid of assessors (through virtual court where applicable).

  3. Trial Magistrate issues a ruling of no case to answer in the presence of assessors (through virtual court where applicable).

  4. Trial Magistrate hears defense case in the presence of assessors (through virtual court where applicable).

  5. Magistrate fixes a date for judgement.

2.7 Pronouncement of Judgment

  1. After the closure of the defense, assessors opine.

  2. Magistrate pronounces Judgment.

To-Be Process

  1. Magistrate Pronounces Judgment and assessors opine (through virtual court where applicable).

2.8 Sentencing

  1. Trial Magistrate and assessors convict or acquit the accused.

  2. Court clerk supplies a signed judgment, proceedings and decree to the litigant within 21 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

  1. Court clerk prepares a conviction warrant or release order.

  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 acquits the accused (through virtual court where applicable).

  2. Magistrate delivers conviction warrant to police and prisons for their records.

2.10 Fines & Other Payments

  1. Accountant/court clerk prepares a control number if a magistrate orders payment of a fine.

  2. Client pays the fine through banks or mobile money operators.

  3. Client submits the receipt to the 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.