![]() These rules are found in Volume 22, of the Code, and in the annual cumulative supplement. Supreme Court has established rules regarding the administration of the Defense of Indigents Act, §§17-3-10 - 17-3-110. It also documents the actions of the magistrate and the defendant for the Circuit Court in cases either beyond the trial jurisdiction of the magistrate or in cases appealed from the magistrate. The purpose of the Checklist is to provide the magistrate or municipal judge with a checklist of procedural rights, so as to assure that these rights of the defendant are not inadvertently overlooked. At the end of that period, the Checklist may be destroyed, however the warrant and other related papers should be retained indefinitely. If the case is within the trial jurisdiction of the magistrate, the Checklist is to be attached to the warrant and kept as a part of the case in magistrate or municipal court for a period of three years. ![]() If the case is transmitted to the Court of General Sessions, or the case is appealed, the Checklist is to be sent to the clerk of court with the warrant and other papers pertaining to the case. Magistrates and municipal judges are required to attach the Checklist for Magistrates and Municipal Judges to the arrest warrant at the time of the return of the warrant with the arrested person or at the bail proceeding. Checklist for Magistrates and Municipal Judgesīy Order of the Chief Justice, all magistrates and municipal judges are required to use the "Checklist for Magistrates and Municipal Judges" (Form SCCA-507) in all criminal cases in which an arrest warrant has been issued. Right To Be Present At Trial (Rule 16 South Carolina Rules of Criminal Procedure)Ģ. Right To Reasonable Time To Prepare A Defense I, §13, and TRIAL PROCEDURE, Selection of the Jury, and The Voir Dire) Right To Trial By Impartial Jury (See S.C. Right To Compel The Attendance Of Witnesses (See S.C. Right To Preliminary Examination (see PRELIMINARY EXAMINATION) Right To Bail (see Article I, Section 15, S. Right Against Self-Incrimination (infra)į. ![]() ![]() Right To Be Informed Of The Nature Of The Complaint (infra)Ĭ. While it is not possible to discuss all of the procedural rights of the defendant, the following outline may be of some use to magistrates and municipal judges.Ī. South Carolina Bench Book for Summary Court Judges - Criminal Section ![]()
0 Comments
Leave a Reply. |