6th Assembly, Bill MA-2
An Act declaring the right to a speedy trial and providing powers for judges to act to uphold that right
Citation
- This Act may be cited as the Speedy Trial Act.
Right to expeditious trial
2. (1) Any person accused of an offence has the right to have charges formally laid, to be tried, and to have that trial proceed within a reasonable amount of time.
(2) The prosecution shall not unreasonably delay a trial by withholding any statements or not taking any actions which are necessary for the trial to proceed.
Sanctions for delay of trial
3. (1) A judge may take action as he or she deems necessary to expedite the process of a trial, including but not limited to setting deadlines for a response, taking sanctions against the side causing the delay, or awarding the case summarily to either side.
(2) This action must not unduly prejudice the interests of either the prosecution or defence, but nothing in this Act shall prevent the judge from reasonably penalising the side which is causing undue delay.
(3) Actions taken by a judge in a particular case may not prejudice any other case.
Summary judgement based on lack of response
4. A judge may choose to dismiss a case in which the prosecution unreasonably causes a cumulative delay of not less than 72 hours.
General
5. Nothing in this Act prohibits judges from making concessions as they deem necessary and as circumstances warrant.
- Notwithstanding the provisions of this Act, judges shall at all times retain the final responsbility and power over the conduct of criminal trials.