Replying to that line of argument, EFCC, through his counsel, said there was also no provision of the Administration of Criminal Justice
Act (ACJA) that made a court order a condition precedent to declare a defendant facing criminal charges wanted.
The tribunal made a distinction between the presumption of innocence (until proven guilty), as articulated in the administration of criminal justice
, and integrity standards expected of public/state officers.
The senator reminded that the country's deeply flawed administration of criminal justice
system is prone to errors as it could result in wrongful guilty verdicts that might affect poor Filipinos who do not have the capacity to defend themselves in court.
'...I humbly apply, under Section 113 and 114 of the Administration of Criminal Justice
Act for this honourable court to issue a warrant for the arrest of the suspect and to produce him before this honourable court,' Mr Abubakar said.
He added that with the cooperation of all stakeholders of the administration of criminal justice
system, miraculous things had happened.
Courts can apply purposive interpretation of the statute to bridge the gap between the law and the safe administration of criminal justice
system based on prudence, caution, circumspection and judiciousness,' the top court observed in its 10-page judgment.
According to Mr Sharif's appeal, certain observations of the accountability judge were against the 'principles governing administration of criminal justice
in Pakistan, and of the principle of fair trial as guaranteed to all citizens of the country by virtue Article 10-A of the Constitution'.
In the administration of criminal justice
the focus of attention is normally on the plethora of rights enjoyed by those charged with criminal offences but unfairness to the prosecution is just as likely to engage the court's inherent jurisdiction to rescind as unfairness to defendants.
Where there is any doubt in the prosecution story, benefit should be given to the accused, which is quite consistent with the safe administration of criminal justice
' the judgment said.
Attorney General Mark Speakman said the stronger sentencing laws cap off transformative changes to the administration of criminal justice
from the time an offender is charged until the end of their sentence, and beyond in exceptional cases.
Through lawyer James Orengo, Mr Kamau argues that he was charged with a defective charge sheet and that he is not opposed to taking plea.REDESIGN ROAD"The continuation of criminal proceedings founded upon an illegality and in deprivation of any rights as well as fundamental freedoms goes against inherent principles and policy in the administration of criminal justice
," said Mr Orengo, who is also the Siaya Senator.
Macdonald's government enacted the County Attorney's Act in 1857--the critical step in establishing public prosecutors in pre-Confederation Canada--it was described as a scheme "to introduce a complete local system for the efficient administration of criminal justice
." (22) In other words, although prosecution became a public rather than a private matter--a matter for the state--it continued to be understood as best undertaken on a local level.