§ 5121. Adoption; scope.
§ 5121. Adoption; scope. (a) The Superior Court may, from time to time, adopt and promulgate general rules which prescribe and regulate the form and manner of process, pleading, practice and procedure governing criminal proceedings in the Superior Court from their inception to their termination, including such proceedings before inferior courts and justices of the […]
§ 5122. Conflict between rules and statutes.
§ 5122. Conflict between rules and statutes. Any inconsistency or conflict between any rule of court promulgated under the authority of § 5121 of this title, or prior law, and any of the provisions of this Code or other statute of this State, dealing with practice and procedure in criminal actions in the Superior Court, […]
§ 5131. Legislative intent.
§ 5131. Legislative intent. The General Assembly finds that it is necessary to provide child victims and witnesses with additional consideration and different treatment than that usually required for adults. It is therefore the intent of the General Assembly to provide each child who is involved in a criminal proceeding within the Superior Court with […]
§ 5132. Definitions.
§ 5132. Definitions. The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Child” shall mean a person who has not yet reached their eighteenth birthday. (2) “Victim” or “witness” shall not include any […]
§ 5133. Expedited proceedings.
§ 5133. Expedited proceedings. In all criminal proceedings in the Superior Court involving a child victim or witness, the Court and the prosecution shall take appropriate action to ensure a prompt trial in order to minimize the length of time a child victim or witness must endure the stress of the victim’s or witness’ involvement […]
§ 5134. Additional rights and services.
§ 5134. Additional rights and services. (a) A child victim or witness is entitled to an explanation, in language understood by the child, of all legal proceedings in which the child is to be involved. (b) A child victim or witness is entitled to be accompanied, in all proceedings, by a “friend” or other person […]
§ 5301. General provisions.
§ 5301. General provisions. (a) The accused shall have the right to trial by petit jury in all criminal cases except as otherwise provided by statute. (b) The Court shall have the power to receive pleas of guilty from persons charged with misdemeanors and to impose sentence or probation according to law, as fully as […]
§ 5302. Rules of criminal procedure.
§ 5302. Rules of criminal procedure. The Judges of the Court, or a majority of them, may, from time to time, adopt and promulgate general rules which prescribe and regulate the form and manner of process, pleading, practice and procedure governing criminal proceedings in the Court from inception to termination. 11 Del. C. 1953, § […]
§ 5303. Election by accused to have case tried by Court when proceeding brought before justice of the peace.
§ 5303. Election by accused to have case tried by Court when proceeding brought before justice of the peace. The accused in all criminal cases in which there is a possibility that a period of incarceration may be imposed or the maximum fine is $100 or more where a justice of the peace or alderman […]
§ 5304. Contempt; issuance of process in aid of jurisdiction.
§ 5304. Contempt; issuance of process in aid of jurisdiction. (a) The Court may punish contempt and may issue all process necessary for the exercise of its criminal jurisdiction, which process may be executed in any part of the State. (b) The Court, in the exercise of its criminal jurisdiction, may issue subpoenas and other […]