Introduction
I am happy to share my suggestions in drafting Criminal Rules of practice -2018
The points I have suggested is to adapt to digital technology. We need to make the best use of technology.
This means the right service needs to be in place, including the correct assisted digital support, to make sure justice is accessible to all such techniques will speed up trials and it could also result in a greater ( or lesser burdensome) procedural delay.
Implementing this will, of course, reduce costs. But, far more critically, it will deliver better justice.
CHAPTER-II SUMMONSES AND WARRANTS
5. Summonses:
Proposed Changes - 9) The particulars of examined by the Doctor, the date on which the number of the Wound Certificate or Accident Register or Postmortem Certificate, as the case may be, shall be mentioned, whenever possible, in the medical witnesses.
(10) The Court may issue summons to official witnesses through Heads of Departments where their present address is not definitely known. The Court may, in such cases, issue a duplicate copy of the summons also direct to the witness either through post electronic communication or through the police in the address shown in report or complaint.
My Suggestion - Doctor to be summoned sooner or later to the court if Address proof of the doctor along with Mobile number be updated in a separate form. This will help to prosecute official while calling Medical witness to appear before the court on time.
Chance of going to department heard to track the medical officer to find out the address is not required and police official able to issue summon possibility of not issuing summons will be reduced to the maximum.
The success of any investigation depends largely on the accuracy and detail of the about witnesses
Information. With reliable information, we can prevent/ avoid planting stock witness by the law enforcement official.
2-) Arrest is transmitted to another court or sent to the post for execution, the Head Ministerial Officer shall record the register referred to in sub-rule (4). (7) A whom a warrant is directed shall send a report to the beginning from the date of receipt of it is executed, steps were taken for executing the same. Every warrant of Additional Testimony or Exhibits. If the judge considers additional testimony or exhibits, the judge must: (i) have the testimony recorded verbatim by an electronic recording device, by a court reporter, or in writing; (ii) have any recording or reporter’s notes transcribed, have the transcription certified as accurate, and file it;
Suggestion - Delayed execution of arrest warrant may jeopardize the proceedings State v. Long 2003 (STATE OF KANSAS)
The 75-day delay was unreasonable when the sheriff's efforts to execute the warrant were limited to inputting the warrant in the National Criminal Information Center computer without making any independent attempts to verify the defendant's address
Amending required from 90 days to 60 days
CHAPTER - IV INVESTIGATION
12 Recording of Dying Declaration:
Proposed changes 4) The declaration should the words of the far as possible. The gather from the persons referred to in the declaration. put to every answer or in reply shall be recorded.
(5) a declaration is recorded, over to his signature or finger impression obtained thereon, if possible, and then, the sign the statement.
(6) of the declarant, he may, if possible, he shall record electronic device.
(8) the process, the Magistrate shall entries in Judicial Form No.11.
Suggestions –
There is no specific guideline or parameter to define the admissibility of a dying declaration; it can be verbal/ oral or written. It can be partly oral or partly written, at times it can be recorded when the declarant uses gestures or signs to give dying declaration
Recording device should be enabled time and date options while recording dying
Declaration. By doing that falsify of a timing of recording evidence via paperwork be curtailed
material evidence / if required gesture, sign language interpreter be called for confirmation
Of information.
The necessity of using the time stamp in recording declaration/interrogation. Is clearly see in the case the UNITED STATES OF AMERICA, Plaintiff, Vs COMBAT YODPRASIT, Defendant
(2016) Case 5:15-cr-04085-MWB IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN
DISTRICT OF IOWA WESTERN DIVISION
CHAPTER - V BAIL AND SURETIES
To avoid abscondence of accused
that it subscribe to his signature name and designation.
Comments- The addressing authority must also mention the address of service – Without it
The genuineness of addressing authority can't be identified at the later stage of a case (if required)
CHAPTER VII
GENERAL INSTRUCTIONS TO ALL CRIMINAL COURTS
37- Material be labelled: the object should have, affixed to it, a show the number case to which and the party it has been received. should also bear the property register.
The label should be printed in the following form:
Property Register No. Case No. Name of the person: From whom received with address :
Suggestion – To add an additional column in the address Field as permanent as well as temporary
Address.
If the material received from the party partly or fully damaged – Penalty
Amount to mention subject to the discretion of the valuer or amount to describe.
If cash any received to specify will be deposited in the nationalised bank
CHAPTER XV
HIGH COURT
120 - Judgment and orders to be dispatched with promptness:
The order of the High Court in, or relating to a file shall be Courts with the least possible delay.
Suggestion - In paragraph 120 after “With the least possible delay” substitute “10 days ”,
Days should be specified within orders to be dispatched to the lower Court.
CHAPTER - XX
SUPERVISION OF SUBORDINATE CRIMINAL COURTS & ANNUAL INSPECTION
184- Inspection of Courts by Chief Judicial Magistrates and Judicial Magistrates:
Reports of the inspection should be submitted to the High Court by the Chief Judicial Magistrate concerned/the Chief Metropolitan Magistrate, in Administrative Form Nos.52 and 60 respectively, with the least practicable delay
Suggestion - In paragraph 184 after “With the least possible delay” substitute “10 days ”,
- Days should be specific, that will lower procedural delay.
CHAPTER - XXII CERTIFIED COPIES
206 Return of defective applications:
of defective applications: of defects, a limit days shall be their re-presentation. A defective period specified above, by the Head Ministerial Officer.
Comments- seven days be replaced with 3 days
Additional Testimony or Exhibits. If the judge considers additional testimony or exhibits, the judge must: (i) have the testimony recorded verbatim by an electronic recording device, by a court reporter, or in writing; (ii) have any recording or reporter’s notes transcribed, have the transcription certified as accurate, and file it;
Warrant by Telephone or Other Means. a magistrate judge may issue an arrest warrant or summons based on information communicated by telephone or other reliable electronic means.
The High Court shall promulgate rules to facilitate the taking of testimony by telephone, audio-visual means or other electronic means.
Conclusion
I have endeavoured to show that information technology is now a tool essential for modernisation of a judiciary or judicial system
I have humbly suggested these above suggestions in order to have better use of technology to take full benefit of what Information Technology offers.
As Carr J put it recently in Su-Ling v Goldman Sachs International when setting out the principles to be derived from, amongst others, Mitchell ‘The achievement of justice means something different now. Parties can no longer expect indulgence if they fail to comply with their procedural obligations because those obligations not only serve the purpose of ensuring that they conduct the litigation proportionately in order to ensure their own costs are kept within proportionate bounds but also the wider public interest of ensuring that other litigants can obtain justice efficiently and proportionately and that the courts enable them to do so. [2015] EWHC 759 (Comm) at [38]
