Pschent Reform Bill

[Andrew]

Your Majesty

The following Pschent Reform Bill has been passed by the Deshret and awaits your signature or veto. Without comment from your office, it will become law on September 26th, 2015. The text of the act is as follows:

Spoiler

Section 1: Criminal Trials and Appeals

1. This Section shall apply for proceedings before the Pschent arising from valid charges of crimes contrary to the Criminal Codex of the Osiris Fraternal Order Act.

2. All valid charges that appear to one or more Elders of the Pschent to be supported by sufficient evidence as to require further investigation shall be tried before a Court of First Instance in accordance the rules of the Pschent.

3. Courts of First Instance shall consist of a single Elder, selected in such manner as the rules of the Pschent shall prescribe, who shall determine guilt or lack thereof and sentence.

4. After a verdict has been made by a Court of First Instance, there shall be a period of seven days during which the verdict or sentence may be appealed by the defendant or the Scribe of Justice or their deputy.

(a) Where a sentence is issued after a verdict, the period for appeal shall be counted from the date of sentence.

5. All appeals that appear to one or more Elders of the Pschent to require further investigation shall be tried before a Court of Appeal in accordance with the rules of the Pschent.

6. Courts of Appeal shall consist of three Elders, selected in such manner as the rules of the Pschent shall prescribe, who shall determine the appeal and may confirm, vary or overturn the decision being appealed.

7. The decisions of Courts of Appeal shall be made by a majority of their membership and shall not be liable to further appeal.

Section 2: Judicial Reviews

1. This Section shall apply for proceedings before the Pschent arising from applications for judicial review.

2. All applications for judicial review that appear to one or more Elders of the Pschent to be made by an affected citizen and to require further investigation shall be tried before a Court of Appeal in accordance with the rules of the Pschent.

3. Courts of Appeal shall consist of three Elders, selected in such manner as the rules of the Pschent shall prescribe, who shall determine the review and make such orders as are necessary to give effect to their determination.

4. The decisions of Courts of Appeal shall be made by a majority of their membership and shall not be liable to appeal.

Section 3: Conflicts of Interest and Temporary Appointments

1. Where an Elder of the Pschent holds an interest in a charge, appeal or application brought or made under the preceding Sections of this Act, that Elder shall not participate in the making of any decision or determination in such proceedings and their office shall be considered vacant for such proceedings.

2. Where the absences or vacancies of one or more Elders of the Pschent result in there being no Elder to accept a charge, appeal or application brought or made under the preceding Sections of this Act, a citizen shall be appointed as Elder ad hoc and shall determine whether the charge, appeal or application requires further investigation.

(a) Any Elder ad hoc appointed by virtue of this Subsection shall serve as an Elder ad hoc on the court constituted as a result of their determination, should their determination require the constitution of a court.

3. Where the absences or vacancies of one or more Elders of the Pschent results in a Court of First Instance or a Court of Appeal lacking sufficient members, a citizen or citizens may be appointed as Elders ad hoc for the duration of a proceeding before the Court to which they are appointed.

4. Appointments by virtue of the preceding Subsections shall be made by the Pharaoh, subject to the following:

(a) Where the vacancy or absence results in the lack of a single member of a Court of Appeal, the agreement of two Elders of the Pschent who are not absent shall be necessary for such appointment to be valid.

(b) Where the vacancy or absence results in the lack of two members of a Court of Appeal, the agreement of one Elder of the Pschent who is not absent, and of the Keeper of the Deshret shall be necessary for such appointments to be valid.

(c) Where the vacancy or absence results in the lack of all members of a Court of First Instance or Court of Appeal, or of any Elder capable of accepting a charge, appeal or application, the agreement of the Keeper of the Deshret, and of whichever Guardian of the Atef is first in the Pharaonic line of succession and who is not also Keeper of the Deshret shall be necessary for such appointments to be valid.

5. In relation to any case for which they are appointed, Elders ad hoc may exercise all powers of and shall hold responsibilities of Elders.

Section 4: Definitions

1. For the purpose of this Act, the following definitions shall apply:

(a) An "absence" shall mean any period of time during which a person has declared themselves absent or any period of time after a person does not log onto the regional forum for seven days and before the next time they log onto the regional forum.

(b) A "vacancy" shall mean any period of time during which an office has no holder, due to the holder having resigned or been removed, or is treated as having no holder for a time for any reason.

(c) An "interest" shall mean involvement in a charge, appeal or application, in the form of being a party in a case, counsel for any party in a case, a member of a Court that made the decision being appealed, or having some other substantial involvement in the matter or matters that have led to the charge, appeal or application.

(d) A "valid charge" shall mean a charge of any crime contrary to the Criminal Codex of the Osiris Fraternal Order Act that is not precluded by Section 8 of that Act.

(e) A "judicial review" shall mean a challenge to the lawfulness or constitutionality any act or omission of any official of the Osiris Fraternal Order or any law or rule made by any organ of the Osiris Fraternal Order.

Section 5: Consequential Ammendments to the State Code

1. In the State Code of the Osiris, after clause 4.1(b), a new clause is inserted that reads:

(c) Provision for temporary appointments may be made by law for absences of Elders, vacancies in the Pschent, or conflicts of interest.

2. Subsection 4.2 of the State Code of Osiris is amended to read:

2. The Pschent will have the power to make and revise its own procedural rules. This power may be exercised by any two Elders, if there are fewer than two Elders this power may be exercised by a single Elder.

3. Subsection 4.6 of the State Code of Osiris is amended to read:

6. Decisions of the Pschent shall be made in accordance with this Code, other laws and the rules of the Pschent.

Section 6: Enactment Provisions

1. No provision of this Act shall take effect unless all provisions of this Act take effect.

2. Should this Act take effect, Sections 5 and 6 of this Act shall be struck from the public record.

[Koth]

This bill is now law without my signature.

[Andrew]

This bill is now law without my signature.

In accordance with the law:

7. The Pharaoh will have the power to sign or veto any legislation passed by the Deshret. If the Pharaoh neither signs nor vetoes legislation within seven days of its passage, it will automatically become law.

So yes you are correct, it has become law without your signature.