Vice City Court House | Legal Library

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Court of Vice City Fiat justitia.

Legal Library

In order to improve accessibility and to increase the ability of practitioners and the Court to access judgements from one topic instead of finding them, I have gone to the task of collating cases from 2017 onwards as well as including legal ordinances here. Any other important cases will also be included here with the relevant citations.


Legal Ordinances

Legal Ordinances are effectively laws made by the Court due to a lack of legislative law-making, this need has become apparent with the release of new scripts and changes in the community.

Spoiler for Crimes (Further Offences) Ordinance 2017:

Crimes (Further Offences) Ordinance 2017

I, Justice Alexander Treblin, make the following Legal Ordinance.

Dated: 30 October 2017.

COURT REGISTRAR


Part 1 - Preliminary

Section 1: Name
This is the Crimes (Further Offences) Ordinance 2017.

Section 2: Commencement
This Ordinance has force immediately upon enactment and applies retrospectively.

Section 3: Authority
This Ordinance is made with the authority that the Court has to govern law and particularly to clarify Section II, Ordinance III of the Constitution.

Section 3A: Purpose and Objects of Ordinance
The purpose of this ordinance is to codify, create, clarify and set out criminal offences for which individuals and bodies corporate may be prosecuted for as well as including other provisions in relation to those criminal offences.

Section 4: Interpretation
In this Ordinance:

Absolute discretion means ultimate authority to decide, without the need to take into consideration any factors or appropriate arguments so long as the decision is made within the confines of the applicable law.

Competent Court means
   (a) the Argonath Federal Court, or
   (b) the Argonath Federal Supreme Court.

Criminal offence means an act or omission which results in harm to society, its institutions, an individual or other party or lack thereof; which is prohibited by law and thus subject to prosecution by the United States of Argonath.

Law enforcement official has the same meaning as law enforcement under the Interim Constitution.

Possession means has such items or things in their custody or; knowingly has such in the custody of another person or; has such in a house, business, or other place that they own, occupy, regularly visit or other relevant activities.

Part 2 - Provisions

Section 5: Illegal Possession Offences
It is a criminal offence for any person to be in possession of:
   (a) an M60 Machine Gun and any relevant ammunition for such weapon, or
   (b) a Bulldog Shotgun and any relevant ammunition for such weapon, or
   (c) a device that can project fire or flames and any petrol, fuel or other thing used to project such fire or flame, or
   (d) a rocket propelled grenade launcher and any relevant ammunition for such weapon, or
   (e) an explosive grenade(s) or remotely controlled explosive grenade(s), or
   (f) a Desert Eagle and any relevant ammunition for such weapon, or
   (g) a Kurz SMG and any relevant ammunition for such weapon.
   (h) a traffickable quantity of gemstones, jewels, raw minerals or any other objects or items that are similar in nature and/or purpose.
   Note: See this topic for clarification.

Minimum Penalty per Count: $8,000 ARD and/or 3 years (3 minutes) imprisonment

Section 6: Law Enforcement Exceptions
To remove doubt, Section 5 does not apply if the person is a law enforcement official and is using the item for proper law enforcement purposes as designated by senior law enforcement officials.

Section 6A: Court to Determine Traffickable Amount
To remove doubt in Section 5(h), a competent Court has absolute discretion when determining whether or not a quantity of gemstones, jewels, raw minerals or any other objects or items that are similar in nature and/or purpose, is a traffickable quantity for the purposes of hearing criminal charges.

Section 7: Tax Evasion Offences
It is a criminal offence for any person or body corporate to:
   (a) store more than $50,000 ARD or the equivalent currency in a house, business, building, property or any other place.

Minimum Penalty per Count: $48,000 ARD and/or 5 years (5 minutes) imprisonment

Section 8: Banks Exempted
To remove doubt, Section 7 does not apply if the place, building or business is a banking institute which is recognised by the State of Vice City.

Section 9: Smuggling Offence
It is a criminal offence for any person to help traffic or bring in any contraband that is not being transported by legal means such as shipping or business delivery to Vice City.

Minimum Penalty per Count: $16,000 ARD and/or 5 years (5 minutes) imprisonment

Section 10: Strict Liability
All criminal offences within this ordinance are to be interpreted that of strict liability, meaning that intention or mens rea is not required to find a defendant guilty of an offence in this ordinance.

Section 11: Civil Remedies for Defendants Removed
If a owner of a property is convicted of an offence mentioned in Section 5 for having in their custody an illegal item prohibited by Section 5 of another person, any civil claims brought by a convicted defendant against the "another person" are to be dismissed by the Court.

Amendment Notes
30 October 2017 - Enacted.
1 November 2017 - Changed name to Crimes (Further Offences) Ordinance 2017, added sections 7 and 8 and made adjustments throughout the ordinance.
3 December 2017 - Added sections 9 and 10.
5 December 2017 - Added section 11.
28 December 2017 - Added sections 6A and 5(h), amended section 4, section 11 repealed.
22 January 2018 - Amended section 2 to remove unconstitutional, retrospective criminalisation of offences.
29 January 2018 - Offences now have minimum sentencing provisions.

Cases

The decisions of the court are important to look at when constructing a legal argument or giving legal advice. The decisions posted here do not constitute the entire common law of this Court as there are other cases from other jurisdictions as well as past cases which have not been collated into proper citations or collections. For clarification, the abbreviation AFCR means Argonath Federal Court Reports.

| 2017 |

United States of Argonath v Mustang [2017] AFCR 1 United States of Argonath v Amal [2017] AFCR 2 United States of Argonath v Mustang [No. 2] [2017] AFCR 3 United States of Argonath v Amal [2017] AFCR 4 United States of Argonath v ‘Ninth Avenue Razors’ [2017] AFCR 5 United States of Argonath v Edgepool [2017] AFCR 6 United States of Argonath v Sinagra [2017] AFCR 7

United States of Argonath v DeZ [2017] AFCR 8 United States of Argonath v Mahm [2017] AFCR 9 United States of Argonath v Silent [2017] AFCR 10 United States of Argonath v Silent [No. 2] [2017] AFCR 11 United States of Argonath v Escotta Family [2017] AFCR 12 Klaus v Vice City Police Department [2017] AFCR 13 United States of Argonath v Silent [No. 3] [2017] AFCR 14 United States of Argonath v Kody [2017] AFCR 15

Writing Legal Arguments

Understanding how to write a proper legal argument in Court is challenging for newcomers to Court roleplay but essentially a very basic and easy way to structure and formulate your argument is to use the I.R.A.C method:

• I - Issue, what issue are you talking about, this should take the form of a heading plus a paragraph to discuss what this issue is relevant to argue.
• R - Rule, what law, case or other applicable legal principle are relying on to support your argument, is it an ordinance from the Constitution or something the Court has said in a past decision? To effectively incorporate a rule into your argument, use the full citation or pinpoint what law you are referring to, judgements from 2017 onwards are written in paragraph numbers [1]. means paragraph 1, [101]. means paragraph 101. A hyphen between paragraph numbers means all the paragraphs in between those two paragraphs inclusive of them. So for example: it can be inferred that the Court intended for civil rights to be important: see United States of Argonath v Escotta Family [2017] AFCR 12 [6]-[9] (Treblin J).
• A - Application, so how does this rule apply in the current context and how should it be applied, give a practical example of what should've or not happened.
• C - Conclusion, summate and go over your main points.

This is not intended for legal advice but rather a guide on how to increase one's written English skills and develop roleplay.

[PulseEffect]

Court of Vice City Fiat justitia.

Announcement re Law Enforcement Ordinance 2018

I have been working on a draft ordinance relating to law enforcement and would kindly like for opinions to be discussed about this ordinance, this ordinance with any amendments will come into effect on the 2nd of February 2018. Discussion link.

Spoiler for Law Enforcement Ordinance 2018:

Law Enforcement Ordinance 2018

I, Justice Alexander Treblin, make the following Legal Ordinance.

Dated: 8 January 2018.

COURT REGISTRAR


Part 1 - Preliminary

Section 1: Name
This is the Law Enforcement Ordinance 2018.

Section 2: Commencement
This Ordinance comes into force upon the 2nd of February 2018.

Section 2A: Ordinance to bind Government
This Ordinance binds the Government in right of the State of Florida and, any other authority or Government in their other capacities.

Section 3: Authority
This Ordinance is made with the authority that the Court has to enact Legal Ordinances under section VI, ordinance IV of the Constitution.

Section 4: Purpose and Objects of Ordinance
The purpose of this ordinance is to codify and set out the internal structures, powers and other provisions relating to the conduct, duties and performance of law enforcement officials.

Section 5: Interpretation
In this Ordinance:

Command staff means the Chief of Police, any Deputy Chiefs of Police and senior law enforcement officials under section 7 who hold a position that is specified by the Chief of Police to be taken as command staff.

Commissioner means the Commissioner or Commissioners of the Argonath RPG Police Department under section 7.

Competent Court means
   (a) the Argonath Federal Court, or
   (b) the Argonath Federal Supreme Court.

Complaints handler see section 28A.

Law enforcement official has the same meaning as law enforcement under the Interim Constitution.

Permanent law enforcement official means a law enforcement official who has been employed on a permanent basis under section 15.

Police officer see section 7A.

President means the President of the United States of Argonath as established by the Interim Constitution.

Prime Minister means the Prime Minister of the United States of Argonath as established by the Interim Constitution.

Roadblock means a barrier or obstruction that would either stop or limit the normal flow of traffic on any road.

Part 2 - The Vice City Police Department

Section 6: Establishment of the Vice City Police Department
There is to be a statutory body corporate known as the the Vice City Police Department.

Section 6A: Constituent Department
To remove doubt, the Vice City Police Department is a constituent department of the Argonath RPG Police Department.

Section 7: Composition of the Vice City Police Department
The Vice City Police Department is to be comprised of:
   (a) the Commissioner or Commissioners of the Argonath RPG Police Department, and
   (b) a Chief of Police, and
   (c) any Deputy Chiefs of Police, and
   (d) senior law enforcement officials designated by the Commissioner, Chief or Deputy Chief or this ordinance, and
   (e) law enforcement officials who have been employed on a permanent basis and,
   (f) law enforcement officials who have been employed on a casual basis.

Section 7A: Members to be Police Officers
To remove doubt, any person holding a position mentioned in Section 7 shall be a police officer for the purposes of this ordinance.

Section 8: The Mission, Objects and Purpose of the Vice City Police Department
The Vice City Police Department is to
   (a) provide police services for Vice City by:
      (1) exercising the powers assigned to them in law to prevent, respond and prosecute the commission of criminal offences, and
      (2) protect the community, individuals, business and other organisations from damage whether criminal in nature or not, and
      (3) act as an emergency service by responding to any emergency incident quickly and as safely as possible, and
   (4) any other service required by them in law.
   (b) uphold the rule of law in Vice City, and
   (c) seek to improve the ordinary lives of citizens and business in Vice City by being socially active in the community, and
   (d) exercise its powers, authority and status as an statutory government agency appropriately, responsibly and with integrity, and
   (e) carry out its functions free from political, media and public pressure in the pursuit of being an independent statutory authority.

Part 3 - Ranks of the Vice City Police Department

Section 9: The Commissioner of the Argonath RPG Police Department 
There is to be a Commissioner or Commissioners of the Argonath RPG Police Department appointed by the President or Prime Minister of the United States of Argonath.

Section 9A: Powers of the Commissioner
The Commissioner or Commissioners shall have the right to:
   (a) oversee and manage the command staff, and
   (b) give and issue commands, directions and guidance to the command staff, and
   (c) handle and adjudicate complaints against the command staff, and
   (d) appoint a Chief of Police when there is a vacancy for the Chief of Police, and
   (e) appoint any senior law enforcement officials, and
   (f) remove and terminate any police officer from working for the Vice City Police Department because of:
      (1) incompetence or incapacity to perform duties assigned to them under this Ordinance, or
      (2) criminal conviction by a court, or
      (3) change in operational structure, thereby resulting in no need for that individual, or
      (4) actions that are deemed inappropriate.

Section 9B: Term of Appointment for Commissioner
The Commissioner or Commissioners holds office permanently unless they vacate office.

Section 9C: Removal of Commissioner
The President or Prime Minister may remove the Commissioner or Commissioners without input from any individual employed by the Argonath RPG Police Department or its constituent departments.

Section 9D: Vacancy in Commissioner’s Office
The office of Commissioner becomes vacant if the Commissioner:
   (a) dies, or
   (b) is removed from office under section 9C, or
   (c) resigns in writing

Section 10: The Chief of Police
There is to be a Chief of Police of the Vice City Police Department appointed by the President or  Prime Minister or a Commissioner.

Section 10A: Powers of the Chief of Police
The Chief of Police shall have the right to:
   (a) the same powers and rights as the Commissioner in sections 9A(a), (b), (c), (e) and (f), and
   (b) give and issue commands, directions and guidance to police officers in the Vice City Police Department, and
   (c) enter into contracts on behalf of the Vice City Police Department for the carrying out of works or the performance of services and supply of goods or materials in connection with the exercise of the functions of the Vice City Police Department, and
   (d) create regulations that impact the performance or exercise of police services by police officers, these regulations have the effect of law when a Court has approved such, and
   (e) appoint or remove any Deputy Chiefs of Police, and
   (f) change the rank or position of any police officer in the Vice City Police Department subject to Part 6 of this ordinance, and
   (g) create ranks, positions, medals and honours in the Vice City Police Department, and
   (h) give or revoke medals and honours of police officers in the Vice City Police Department.

Section 10B: Term of Appointment for Chief of Police
The Chief of Police holds office permanently unless they vacate office.

Section 10C: Removal of Chief of Police
The President, Prime Minister or a Commissioner may remove the Chief of Police on grounds of proven misbehaviour, corruption, criminal conviction, incompetence or incapacity.

Section 10D: Vacancy in Chief of Police’s Office
The office of Chief of Police becomes vacant if the Chief of Police:
   (a) dies, or
   (b) is removed from office under section 10C, or
   (c) resigns in writing

Section 10E: Acting Chief of Police
A Deputy Chief of Police under section 11 becomes Acting Chief of Police if there is a vacancy for the office of Chief of Police, until a person is appointed to the office of Chief of Police, the Deputy Chief of Police is able to exercise the powers and rights of the Chief of Police under section 10A and any other applicable law or ordinance.

Section 10EA: No Deputy Chief
If there is no Deputy Chief of Police, then a vacancy in the office of Chief of Police continues to exist until the appointment of a Chief of Police or Deputy Chief of Police.

Section 11: Deputy Chief of Police
There can be a Deputy Chief of Police who is to be appointed by the Chief of Police or Commissioner.

Section 11A: Powers of Deputy Chief of Police
The Chief of Police may delegate any powers and rights assigned to them under section 10A to the Deputy Chief of Police.

Section 11B: Removal of Deputy Chief of Police
The Chief of Police may remove the Deputy Chief of Police on grounds of proven misbehaviour, corruption, criminal conviction, incompetence or incapacity.

Part 4 - Structure of Vice City Police Department

Section 12: Rank Structure of Vice City Police Department
The ranks of police officers within the Vice City Police Department are (in descending order) as follows:
   (a) Commissioner.
   (b) Chief of Police.
   (c) Deputy Chief of Police.
   (d) Senior law enforcement officials.
   (e) Law enforcement officials who have been employed on a permanent basis.
   (f) Law enforcement officials who have been employed on a casual basis.

Section 13: Positions and Senior Law Enforcement Officials
The Chief of Police may create, change or abolish positions and their hierarchy of senior law enforcement officials in the Vice City Police Department.

Section 14: Senior Law Enforcement Official Powers and Rights
The Chief of Police may delegate any powers and rights assigned to them under section 10A with any specified limitations to a specific position that is meant to be occupied by a senior law enforcement official.

Section 14A: Chief and Deputy Chief are to be Senior Law Enforcement Officials
For the purposes of this ordinance, the Chief of Police and any Deputy Chiefs of Police are also senior law enforcement officials.

Section 15: Permanent Law Enforcement Officials
For the purposes of this ordinance, a law enforcement official is taken to be a law enforcement official who has been employed on a permanent basis if they have:
   (a) made an application in writing to the Vice City Police Department that they wish to become a permanent law enforcement official, and
   (b) a senior law enforcement official has approved that application, and
   (c) the law enforcement official has undertaken any training given to them by a senior law enforcement official or a permanent law enforcement official who has been delegated the power to give training on behalf of the Vice City Police Department.

Section 15A: Court may also take into account other factors
A competent Court, if required to determine whether or not a law enforcement official is a permanent law enforcement official may also use the following factors:
   (a) whether a senior law enforcement official has changed the rank of that law enforcement official to that one of a permanent law enforcement official after successfully passing training given to them under section 15(c), and
   (b) whether the law enforcement official received remuneration, a salary, a wage, a commission any other payment for the exercise of police services from a senior law enforcement official, and
   (c) whether or not permanent law enforcement officials considered the law enforcement official at the time in question, to be a permanent law enforcement official.

Section 16: Other ranks to be permanent law enforcement officials
For the purposes of this ordinance, the Commissioner, the Chief of Police, the Deputy Chiefs of Police and all senior law enforcement officials are also permanent law enforcement officials.

Part 5 - Powers of Police Officers

Section 17: Powers of arrest without warrant
A police officer shall have the power to arrest any person without warrant if
   (a) the police officer suspects on reasonable grounds that the person has committed or is about to commit an offence, and
   (b) the police officer is satisfied that the arrest is necessary because of the following factors:
      (1) to stop the person from fleeing from the police officer and the location from which the criminal offence may have been committed at,
      (2) to stop the person from committing further criminal offences,
      (3) to preserve evidence of a criminal offence or to prevent the fabrication of evidence,
      (4) to protect the safety and nature of any other person (including the person being arrested),
      (5) to be able to effectuate any other power that the police officer is attempting to effectuate whereby the person being arrested is or can prevent the police officer from effectuating that power.

Section 17A: No citizen’s arrest
To remove doubt, a person other than a police officer cannot arrest a person without warrant.

Section 17B: Police must directly state arrest
A police officer when exercising the power of arrest without warrant under section 17 must tell the person being arrested that they are being arrested.

Section 17C: Police may discontinue arrest
A police officer may discontinue an arrest at any time.

Section 18: Power to demand identity
A police officer shall have the power to require a person who is unknown to the police officer, to disclose their identity if the police officer:
   (a) suspects the person has committed a criminal offence on reasonable grounds,
   (b) believes on reasonable grounds that a person may be important to the investigation of a criminal offence,
   (c) has instigated a traffic stop on the basis that the person has committed a traffic offence under section III, act III of the Interim Constitution,
   (d) has instigated a traffic stop and the identity of a passenger of a motor vehicle would be required for investigatory purposes.

Section 18A: What constitutes identity
For the purposes of section 18, identity consists of the person’s full name.

Section 19: Power to enter premises
A police officer shall have the power to enter premises without warrant, if the police officer believes on reasonable grounds that:
   (a) a breach of the peace is or is about to occur and in order to stop or prevent that breach of the peace it is necessary to enter the premises, or
   (b) a person is about to or has suffered significant physical injury and it is thus necessary to enter the premises to come to the aid of the person who has or is about to suffer harm, or
   (c) a person is evading arrest for the commission of a criminal offence.

Section 19A: No power to search premises when using section 19 power
To remove doubt, a police officer does not have the power to search premises when they have entered them under the power to enter premises under section 19.

Section 19B: What constitutes premises
For the purposes of section 19, premises consist of a house, apartment, business, building, fenced off land and any other private property that a person or body corporate may own to which a competent Court draws the usual assumption that police officers cannot enter to effectuate any power of search and seizing illegal material.

Section 20: Power with relation to vehicles
A police officer has the following powers with relation to motor vehicles:
   (a) the power to stop a motor vehicle if the police officer believes on reasonable grounds:
      (1) that the driver of or a passenger in or on, of that motor vehicle has committed a criminal offence or a traffic offence, or
      (2) that the driver of or a passenger in or on, of that motor vehicle can give evidence or assist an investigation with regards to a criminal offence or traffic offence, or
      (3) there is an imminent need to stop that motor vehicle to protect the driver of and/or the passengers in or on, of that motor vehicle, or there would be a significant risk to public safety if the motor vehicle was to continue on its ordinary course of travel.
   (b) the power to erect roadblocks on direction if the police officer believes on reasonable grounds:
      (1) that a driver of, or passenger in or on, of that motor vehicle that may be heading towards the police officer has committed or is committing a criminal offence, or
      (2) that without the usage of a roadblock there would be a serious risk to public safety.
   (c) the power to search the motor vehicle if the police officer believes on reasonable grounds:
      (1) the motor vehicle is being, was or may have been, used in connection with the commission of a criminal offence, and
      (2) that usage of said power may provide evidence of the commission of a criminal offence.
   (d) the power to direct a motor vehicle if the police officer believes on reasonable grounds:
      (1) that usage of said power may contribute to the safety of the public or an individual or,
      (2) that usage of said power would enable police officers to carry out their powers assigned to them under this ordinance or law, without hindrance by vehicles.

Section 20A: No warrant needed for section 20 powers
To remove doubt, a police officer does not require a warrant to exercise the powers assigned to them under section 20.

Section 21: Power with relation to vessels and aircraft
A police officer has the following powers with relation to vessels and aircraft:
   (a) the power to stop, direct and search vessels and aircraft if the police officer believes on reasonable grounds:
      (1) that the vessel or aircraft, or a person in such craft has in their possession anything unlawful to possess under law, or
      (2) that the vessel or aircraft is being or was used, or contains anything that is used or intended to be used, in the commission of a criminal offence, or
      (3) that the vessel or aircraft may constitute a danger to public safety due to operator of such craft or anything contained onboard such craft.
   (b) the power to seize any such unlawful item or anything that may constitute a danger to public safety on any vessels or aircraft.
   (c) the power to board without warrant, any vessel or aircraft if the police officer believes on reasonable grounds:
      (1) that boarding such craft would enable the police officer to exercise other powers in order to prevent or stop the commission of a criminal offence, or
      (2) that boarding such craft would allow the police officer to recover evidence of a commission of a criminal offence or prevent fabrication of a criminal offence, or
      (3) that boarding such craft would allow the police officer to come to the aid of the person who has or is about to suffer significant physical harm.

Section 22: Use of Force
A police officer may use such force as reasonably necessary in order to carry out any powers under this ordinance or other law with relation to individuals and things.

Section 23: Officer not Required to Disclose Reasons for Use of Powers
Unless the contrary appears, a police officer is not required by law to immediately disclose their reasons for the exercise of any powers listed in Part 5 of this ordinance when executing those powers at the time unless:
   (a) the person who would be directly impacted by the use of such powers has asked for such reasons after a short period of time from the initial use of such powers.
   Note: The requirement to disclose that a person is being arrested under section 17B is still required and is unaffected by this section.

Section 24: Offence for Inhibiting Exercise of Powers
For the purposes of section III, act VIII of the Interim Constitution, it is a criminal offence to assault, resist or hinder a police officer in the execution of their duties, of which shall include the execution of their powers.

Part 6 - Misconduct and Relating Provisions

Section 25: Classification of Law Enforcement Misconduct
For the purposes of this ordinance, law enforcement misconduct is classified as any of the following:
   (a) using police powers without valid reason, or
   (b) using police powers for criminal purposes, or
   (c) malicious deprivation of individual’s rights, or
   (d) committing criminal offences whilst being a police officer, or
   (e) excessive use of force, or
   (f) any other common law claims of law enforcement abuse or police misconduct. 

Section 25A: Law Enforcement Misconduct to be Basis of Civil Claim
Law enforcement misconduct under section 25 is an actionable civil claim which a competent Court has original jurisdiction over.

Section 26: Qualification of Jurisdiction of Courts
A competent Court may only exercise its jurisdiction over a law enforcement misconduct claim if a complaint in writing against a police officer is made to the Vice City Police Department and a determination of that complaint has been made, subject to this ordinance.

Section 27: Form of Complaint
The Vice City Police Department has absolute discretion in terms of determining what format a complaint in writing must be and if a complaint does meet that format.

Section 28: Process of Complaints Handling
Upon receiving the complaint, a senior law enforcement official or a law enforcement official who is designated by the Chief of Police to hear the complaint must notify the complainant that the complaint has been received and call upon the police officer who is being complained to respond.

Section 28A: Complaints Handler Definition
For the purposes of this ordinance, a complaints handler is a a senior law enforcement official or a law enforcement official who is designated by the Chief of Police to hear the complaint.

Section 29: Due Process Requirement
A complainant and a respondent police officer must be entitled to make submissions to the complaint at least two times and adduce evidence or call witnesses to support their submissions.

Section 30: Complaints Handler may Restrict Further Submissions
The complaints handler may limit or not take into consideration any submissions which do not full under the due process protections under section 29.

Section 31: Complaints Handler must make Determination
The complaints handler must make a determination about whether the respondent police officer did commit law enforcement misconduct.

Section 32: Complaints Procedure to be Questions of Fact
The complaints handler must not make a determination which attempts to interpret the law.

Section 33: Complaints Procedure to be determined on Balance of Probabilities
The complaint is to be determined on the balance of probabilities.

Section 34: Complaints Handler must be One Rank Higher
The complaints handler must be always one rank or position in hierarchy, higher than the respondent police officer.

Section 35: Complaints against Chief of Police or Deputy Chief of Police
A law enforcement misconduct claim against the Chief of Police or Deputy Chief of Police may bypass the complaints procedure set out in this ordinance.

Section 36: Finding of Law Enforcement Misconduct
If a finding against a respondent police officer of law enforcement misconduct is found by a complaints handler in their determination, the complaints handler may recommend:
   (a) a verbal warning be issued against the respondent police officer, or
   (b) a suspension of the police officer from the Vice City Police Department, or
   (c) a reduction of the police officer’s rank or position within the Vice City Police Department, or
   (d) removal of the police officer from the Vice City Police Department.

Section 37: How Recommendations are dealt with
The Commissioner, Chief of Police, Deputy Chief of Police or a senior law enforcement official who is designated by the Chief of Police may act on the recommendations by:
   (a) agreeing with the recommendation and carrying out the recommendation, or
   (b) varying the recommendation and carrying out a varied alternative, or
   (c) disagreeing with the recommendation and do nothing,
and make an order to that effect.

Section 38: Court Cases
A competent Court may:
   (a) hear an application to reverse the order by the respondent police officer, or
   (b) hear a civil claim of law enforcement misconduct if the determination finds law enforcement misconduct and make the following orders:
      (1) awarding actual and punitive monetary damages, or
      (2) removal of the respondent police officer from the Vice City Police Department or if the respondent police officer is a law enforcement official employed on a casual basis, suspend them, or
      (3) requiring the respondent police officer to make an apology in writing or in person, or
      (4) none of the above.

Section 39: State relieved of Liability
The Vice City Police Department and the United States of Argonath or any other State government is relieved of all liability with respect to law enforcement misconduct claims.

Section 40: False Complaint to be Criminal Offence
It is a criminal offence to make a false complaint using fabricated or substantially altered evidence and to which it can be demonstrated there is a high likelihood of a burdened or strained relationship between the complainant and the respondent police officer.

Section 41: False Evidence to be Criminal Offence
It is a criminal offence to give misleading or false information to a complaints handler or a competent Court with respect to a complaint and a law enforcement misconduct civil claim respectively.

Part 7 - Savings

Section 42: Impounds to be Legal
To remove doubt, a police officer has the power to impound a vehicle without warrant if it is parked in such a manner that breaches section III, act III of the Interim Constitution

Amendment Notes
8 January 2018 - Enacted.
8 January 2018 - Deleted the word "contains" from section 21(a)(3).