Criminal Procedure Code at Gibraltar (BOT)
Gibraltar's criminal justice system is governed by the Criminal Procedure and Evidence Act 2011. This legislation consolidates and updates previous laws, providing a comprehensive framework for criminal proceedings in Gibraltar. (Criminal Procedure And Evidence Act 2011 - Version 30/07/2021)
Key Features of the Criminal Procedure and Evidence Act 2011
1. Institution of Proceedings
Initiation: Criminal proceedings can be initiated through a written information laid before a magistrate or by indictment.
Summons and Warrants: The Act outlines procedures for issuing summonses and warrants of arrest, ensuring due process is followed.
2. Pre-Trial Procedures
Plea Indication: Defendants are required to indicate their plea at the earliest opportunity.
Case Management: The court actively manages cases to ensure efficient progression, including setting timelines and identifying disputed issues. (Criminal Procedure & Evidence)
3. Trial Procedures
Trial Types: Offenses may be triable either summarily or on indictment.
Jury Trials: Certain serious offenses are triable only on indictment and may involve a jury.
Defendant's Absence: Provisions are made for trials to proceed in the absence of the defendant under specific circumstances. (Criminal Procedure And Evidence Act 2011 (Gibraltar))
4. Sentencing
Sentencing Options: The Act provides for various sentencing options, including imprisonment, fines, and community service orders.
Sentencing Guidelines: Guidelines are established to ensure consistency and fairness in sentencing.
5. Appeals
Appeal Rights: Defendants have the right to appeal convictions and sentences to the Court of Appeal.
Appeal Procedures: The Act sets out the procedures for lodging and hearing appeals.
6. Evidence
Admissibility: Rules regarding the admissibility of evidence are specified, including provisions for electronic records and hearsay evidence.
Witnesses: The Act outlines procedures for summoning and examining witnesses, including provisions for vulnerable witnesses.
7. Miscellaneous Provisions
Bail: Provisions are made regarding bail, including conditions and offenses related to bail breaches.
Forfeiture: The Act includes provisions for the forfeiture of property used in the commission of offenses.
Accessing the Full Text
The full text of the Criminal Procedure and Evidence Act 2011 is available on the official Gibraltar Laws website: (Criminal Procedure And Evidence Act 2011 - Version 30/12/2022). (Criminal Procedure And Evidence Act 2011 (Gibraltar))
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