Thursday 14 February 2013

Transfer


Transfer
Article 62 – With criminal cases, the transfer of a case from one district court to another in one province is done upon the request of the director of the original court and the approval of the first department of the Court of Appeal in the same province. The transfer between provinces is done upon the request of the director of District Court and the approval of the Supreme Court.
Article 63 – Cases appropriate for transfer include when:
  1. Most of the accused are residents of another court’s area of jurisdiction.
  2. The location of the crime is so far from the proper court such that another court would be better placed to review the case due to the shorter distance from the location of the crime.
Article 64 – In addition to the above mentioned cases in article 62 & 63, a case can be transferred to another Judicial Authority after being approved by the Supreme Court, whenever the head of the Judiciary or the Attorney General deem appropriate, in order to maintain discipline and security.