Criminal trial

Criminal trials

The role of the Magistrate

All trials are presided over by an NPC magistrate. It is the role of the NPC magistrate to run trials in a manner which is expeditious, just, and wherever possible, provides an environment in which entertaining role-playing can occur. Magistrates will aim to conclude trials within ten minutes in most circumstances.

Imperial courts follow an inquisitorial (rather than adversarial) model. This means that the magistrate is responsible for investigating the facts of the case, rather than acting as an impartial referee between a prosecutor and a lawyer for the accused.

There is no prosecution or defence and the accused normally speak for themselves. If the magistrate is satisfied that the accused is unable to represent themselves adequately for some extraordinary reason then they may allow another person to speak in their stead. This does not exempt the accused from the requirement to answer any questions put to them by the magistrate.

There are no juries. Judgement is made by the presiding magistrate. Occasionally a magistrate may ask one or more of her peers to sit with her in judgement over a particularly difficult case.

The law allows magistrates to exercise a wide ranging discretion over the types of evidence that they will accept. For example, there is no law preventing hearsay evidence, but a magistrate might choose to either refuse to accept or to give no weight to evidence that they believe to be unreliable.

The minimum persons required to be present for a trial to be valid are the presiding magistrate, the accused, and at least one other person. Magistrates may choose to try all of those accused in connection with a particular crime or crimes at the same time. This is particularly likely where a criminal conspiracy by a group of individuals is suspected.

The role of witnesses

Most trials consist of the magistrate questioning witnesses relevant to the case. This will usually involve the investigating officer and the accused, amongst others. Where relevant this may include expert witnesses who are believed to possess relevant specialist knowledge. Trials are often decided purely on the basis of witness testimony.

As such, witnesses who provide false testimony are subject to harsh penalties. It is not unknown for a magistrate to impose a summary punishment upon a false witness without recourse to an additional trial. There is no requirement for witnesses to be sworn in because every citizen is always bound by their constitutional obligations. Witnesses who fail to attend a trial to which they are called run the risk of being found in contempt of court.

The accused may request the magistrate to call specific witnesses to give evidence, and may ask to question any witness themselves, but the magistrate is not required to allow it.

Structure of the pre-trial process

The accused will be presented before the court. The accused may be accompanied by a priest (if they intend to plead guilty and ask for clemency) or possibly by a friend or legal advisor.

The magistrate may choose to dismiss all the charges if they find no case to answer. Otherwise, the charges against the accused will be detailed and they will then be asked how they plead in relation to each charge: guilty or not guilty.

If the accused pleads guilty then before pronouncing punishment the magistrate will allow any priest present (or the Empress) to plead clemency on their behalf. The magistrate may also consider any other pertinent evidence or testimony prior to sentencing.

When determining the accused's punishment the magistrate will take into account the seriousness of the crime and any mitigating factors presented by the priest in their plea for clemency. The seniority and reputation of the priest will have an effect on the weight that the magistrate accords to their pleas.

If the accused pleads not guilty or refuses to plead then the magistrate will make arrangements for a trial to be held to investigate the facts of the case to determine guilt. A plea for clemency will not be permitted if the accused is subsequently found guilty.

If all the relevant witnesses and evidence are available then the trial may proceed summarily. Alternatively, if further investigations are required or witnesses are not currently available, the magistrate will release the accused on their bond that they will present themselves when it is time for their trial. Occasionally a magistrate will set other limitations on the accused’s behaviour while on bond.

Where a magistrate has reason to believe that the accused is an absconsion risk or will not comply with the bond conditions they may require the payment of monies or assets to the Court in surety. These assets will be returned after the trial, provided that the accused does not abscond, breach any bond conditions or commit any further crimes while on bond.

If an accused absconds then the magistrate may try them in their absence. It is likely the magistrate will draw an adverse inference from the accused's failure to attend and also find them guilty of contempt of court. Any citizen can use reasonable force to apprehend a bond breaker for the reward, although in practice it is often thieftakers and militia who are in the best position to do so.

Exceptionally, the magistrate may refuse to allow a bond and order the accused held until their trial can begin. This is only permitted where the magistrate believes the accused would be likely to commit further crimes if they were released on bond. If so, the trial must be carried out as soon as reasonably practicable.

Structure of the trial process

The magistrate summarises the charges and then questions the accused about their version of events. The accused may be given an opportunity to make a statement.

The magistrate questions any witnesses and examines any other evidence. The accused may also be given an opportunity to question witnesses or examine the evidence.

The magistrate may give the accused a final opportunity to speak before either retiring to consider or passing judgement. The magistrate will then pronounce the sentence. Punishment is usually carried out swiftly but those sentenced to death might be allowed time to make final arrangements.

Sanctions for contempt of court

If a magistrate believes that any person is impeding the course of justice they may charge them with contempt of court and hand down a summary punishment. For example, this might be because that person is disruptive during a trial, disrespectful of the magistrate's authority, fails to attend court or fails to obey their lawful order.

If this occurs during a trial the offender will likely be fined and possibly also removed from the court. If the accused is found guilty of contempt and removed from the court the magistrate may allow someone else to represent them.

There is also a more serious charge of perverting the course of justice, most often applied when an individual fabricates evidence or bears false witness. The maximum penalty for either offence is death (although more likely in the latter case than the former).

Punishments

The possible punishments that may be handed down by a magistrate who finds an accused guilty of a crime are as follows:

• a fine (unlimited in amount) potentially including future earnings;
• limitations on the behaviour or movement of the convict;
• uptime service;
• branding or maiming (this is considered a somewhat primitive and archaic punishment by most magistrates);
• magical punishments;
• condemnation to the Penal Legion; and
• death.

Magistrates will use their discretion to match the punishment to the crime. There are no specific punishments associated with specific crimes but magistrates will consider both the consequences of the crime and the imperial interest when determining sentence. Magistrates may also take into account any relevant previous convictions when sentencing.

To give some examples: assault is normally punished with a modest fine, since given the wide availability of healing there are usually no lasting consequences. On the other hand attempted murder is much more serious and may even warrant a death sentence. Murder is often be punished with death, unless there are extenuating circumstances.

There is no right of appeal from the lawful judgement of a magistrate.

If an accused is found not guilty of all charges then, unless further charges are immediately brought, they must be unconditionally released. Exceptionally, an accused who has been found not guilty may be tried again, but only if further evidence comes to light.

Magistrates do not have a separate power to remove convicts from imperial office but they may report to those bodies which do have this power.