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Order on Criminal Proceedings

An order to provide for the investigation and prosecution of criminal offences and for criminal proceedings before the Royal Court.

Reference
Royal Order 2026-005
Status
In force
Commencement
2026-10-31

BY THE AUTHORITY OF THE KORU, and in accordance with the Constitution of the Kingdom of Vistaria, this Royal Order is enacted to provide for criminal proceedings under Kingdom law.

Section 1 - General principles

  1. A person may only be convicted of an offence established by law.
  2. Every person accused of an offence shall:
    1. be presumed innocent until proven guilty;
    2. be informed of the offence they are accused of;
    3. have a reasonable opportunity to respond to the charge and evidence against them; and
    4. receive a fair and impartial trial.
  3. No person shall be punished for an offence unless convicted in accordance with law.

Section 2 - Investigations

  1. A suspected offence may be investigated by any person or institution authorised to investigate offences under Kingdom law.
  2. An investigation may include:
    1. gathering information and evidence;
    2. interviewing victims, witnesses and suspects;
    3. obtaining relevant records or documents; and
    4. taking other lawful and reasonable steps necessary to establish what happened.
  3. An investigation shall be conducted fairly and reasonably.
  4. A person conducting an investigation shall consider evidence which may support or undermine an allegation.
  5. The investigation of an offence does not mean that a person is guilty or that charges must be brought.

Section 3 - Interviews

  1. A person being interviewed in connection with an offence shall be informed of the purpose of the interview and whether they are considered a suspect, victim or witness.
  2. A suspect shall not be required to provide evidence against themselves.
  3. Minors and vulnerable people shall have the right to have an appropriate adult or support person present during an interview.
  4. Where a minor or vulnerable person cannot arrange an appropriate adult or support person themselves, reasonable assistance shall be provided to find one.
  5. Victims and witnesses may have a support person of their choice present during an interview where reasonable.
  6. Interviews involving victims, witnesses, minors or vulnerable people shall be conducted as informally and comfortably as reasonably possible.
  7. A person under subsection 6 may request a break at any time.

Section 4 - Bringing charges

  1. Criminal proceedings may be brought on behalf of the Kingdom by:
    1. the Royal Council;
    2. the Koru; or
    3. a person or institution authorised by law, the Royal Council or the Koru.
  2. A charge may only be brought where there are reasonable grounds to believe that an offence has been committed and that the person charged committed it.
  3. A charge shall identify:
    1. the person accused;
    2. the offence alleged;
    3. the law creating the offence; and
    4. a brief description of the conduct alleged to constitute the offence.
  4. A charge shall be submitted to the Royal Court and provided to the accused.
  5. The Royal Court may dismiss a charge before trial where:
    1. the alleged conduct would not constitute the offence;
    2. there are no reasonable grounds for the charge;
    3. the Court does not have jurisdiction; or
    4. continuing proceedings would be contrary to law or the interests of justice.

Section 5 - Prosecution

  1. The person or institution bringing criminal proceedings shall be known as the prosecution.
  2. The prosecution is responsible for proving the charge against the accused.
  3. The prosecution shall provide the accused with the evidence upon which it intends to rely.
  4. The prosecution shall disclose evidence in its possession which materially supports the accused or undermines the prosecution's case.
  5. The prosecution may withdraw a charge before judgment.

Section 6 - Rights of the accused

  1. A person charged with an offence shall be known as the accused.
  2. The accused may:
    1. admit or deny the charge;
    2. provide evidence;
    3. challenge evidence presented against them;
    4. make representations to the Court;
    5. be assisted or represented by another person; and
    6. decline to give evidence against themselves.
  3. The accused shall be given reasonable time to prepare their defence.
  4. A decision by the accused not to give evidence shall not by itself be evidence of guilt.

Section 7 - The Royal Court

  1. Criminal proceedings shall be heard by the Royal Court and assigned in accordance with the Constitution.
  2. A person shall not preside over proceedings where their involvement in the investigation, prosecution or circumstances of the alleged offence would reasonably call their impartiality into question.
  3. The person presiding over proceedings may:
    1. hear and consider evidence;
    2. ask questions;
    3. require relevant information or evidence to be produced;
    4. determine questions of law and fact;
    5. manage the conduct of proceedings; and
    6. make any lawful order necessary for the administration of justice.
  4. Proceedings may take place in writing, orally, electronically or through a combination of these methods.

Section 8 - Evidence

  1. The Royal Court may consider evidence which it considers relevant and reasonably reliable.
  2. The Court shall determine the appropriate weight to give to evidence.
  3. Evidence obtained unlawfully or unfairly may be excluded where admitting it would make proceedings unfair or be contrary to the interests of justice.
  4. The accused shall ordinarily be given an opportunity to see and respond to evidence relied upon against them.
  5. The Court may protect or withhold information where necessary to protect another person, sensitive information or national security, provided that doing so does not make the proceedings unfair.

Section 9 - Victims, witnesses, minors and vulnerable people

  1. Victims, witnesses, minors and vulnerable people shall be afforded appropriate protection throughout criminal proceedings.
  2. A victim, witness, minor or vulnerable person may choose how they give evidence where reasonably possible.
  3. The Royal Court may permit evidence to be given:
    1. directly before the Court;
    2. through a written statement;
    3. through a pre-recorded video;
    4. remotely; or
    5. through another reasonable method approved by the Court.
  4. A victim shall not be required to directly confront a person accused of an offence against them.
  5. The Court shall ensure that any alternative method of giving evidence remains fair to the accused and allows the evidence to be reasonably challenged where necessary.
  6. The Court may take any other reasonable measure necessary to protect a victim, witness, minor or vulnerable person from unnecessary distress, intimidation or harm.

Section 10 - Closed and sealed proceedings

  1. Criminal proceedings shall ordinarily be public.
  2. The Royal Court may hold some or all of a proceeding as a closed hearing where reasonably necessary to:
    1. protect a victim or witness;
    2. protect a minor or vulnerable person;
    3. protect personal or sensitive information;
    4. protect national security; or
    5. protect the administration of justice.
  3. Members of the public shall not be permitted to attend a closed hearing except where authorised by the Court.
  4. The Royal Court may seal some or all of a case where reasonably necessary for a purpose under subsection 2.
  5. Information which is sealed shall not be made available to the public, including through official records, except as authorised by the Court.
  6. Any restriction under this section shall be limited to what is reasonably necessary.

Section 11 - Standard of proof

  1. The prosecution bears the burden of proving that the accused committed the offence.
  2. A person shall only be convicted where the Royal Court is satisfied beyond reasonable doubt that they committed the offence.
  3. Where the Court is not satisfied beyond reasonable doubt, the accused shall be found not guilty.

Section 12 - Judgment

  1. After considering the case, the Royal Court shall find the accused:
    1. guilty; or
    2. not guilty.
  2. The Court shall provide reasons for its decision.
  3. Where the accused is found not guilty, proceedings on that charge shall end and no penalty may be imposed.
  4. Where the accused is found guilty, the Court may proceed to sentencing.
  5. Judgments shall be recorded in accordance with law.

Section 13 - Sentencing

  1. The Royal Court may impose any penalty or consequence authorised by the law creating the offence.
  2. When determining a sentence, the Court may consider:
    1. the seriousness of the offence;
    2. the circumstances in which it was committed;
    3. the harm caused;
    4. the intentions and conduct of the offender;
    5. any previous relevant convictions;
    6. whether the offender admitted responsibility or cooperated with proceedings; and
    7. any other relevant circumstances.
  3. A sentence shall be proportionate to the offence.
  4. The Court shall not impose a penalty greater than that permitted by law.

Section 14 - Imprisonment

  1. Where imprisonment is authorised by law, the Royal Court may sentence a convicted person to imprisonment for any period up to the maximum permitted for the offence.
  2. The Court may suspend all or part of a sentence of imprisonment subject to reasonable conditions.
  3. A person shall not be imprisoned except in accordance with a lawful order of the Royal Court.

Section 15 - Citizenship Fraud

  1. Citizenship Fraud under the Order on Vistarian Citizenship shall be investigated and prosecuted in accordance with this Royal Order.
  2. To convict a person of Citizenship Fraud, the prosecution must prove beyond reasonable doubt that the accused knowingly or dishonestly committed conduct constituting the offence.
  3. Following conviction, the Royal Court may impose any penalty or consequence authorised by the Order on Vistarian Citizenship.
  4. Nothing in this section shall expand or restrict the offence of Citizenship Fraud established by that Order.

Section 16 - Procedural directions

  1. The Royal Court may establish reasonable procedures for criminal proceedings.
  2. Procedures may concern:
    1. the submission of charges;
    2. evidence and disclosure;
    3. time limits;
    4. hearings;
    5. representation;
    6. judgments and orders;
    7. closed hearings and sealed cases; and
    8. other procedural matters.
  3. A procedural rule shall not remove or substantially restrict a right guaranteed by the Constitution or this Royal Order.

Section 17 - Interpretation

  1. In this Royal Order:
    1. "accused" means a person charged with an offence;
    2. "Court" means the Royal Court of the Kingdom of Vistaria;
    3. "criminal proceedings" means proceedings concerning an allegation that a person has committed an offence;
    4. "minor" means a person under the age of eighteen;
    5. "offence" means an act or omission expressly made a criminal offence by law;
    6. "prosecution" means the person or institution bringing criminal proceedings on behalf of the Kingdom;
    7. "sealed case" means a case where some or all information is not available to the public;
    8. "closed hearing" means a hearing which members of the public are not permitted to attend;
    9. "vulnerable person" means a person who, because of their circumstances or ability to participate in proceedings, reasonably requires additional support or protection.

Section 18 - Final provisions

  1. This Royal Order applies to criminal proceedings arising under Kingdom law.
  2. Nothing in this Royal Order shall limit the constitutional jurisdiction or authority of the Royal Court.
  3. Where this Royal Order conflicts with the Constitution, the Constitution shall prevail.
  4. This Royal Order may be cited as the Order on Criminal Proceedings.
  5. This Royal Order shall come into force immediately upon its enactment.

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