Law Courts Act
| P.R.O. LAW CONSOLIDATION | |
|---|---|
| Law Status: | In-Force |
| Last Consolidated: | 2017-12-10 |
An Act to establish the Law Courts of the Royal Kingdom of Gotzborg, so as to oversee the judicial management of its laws.
Be it decreed by His Royal Majesty, King August Charles II, by and with the advice and consent of the Government and Peoples of Gotzborg, in this Chamber of Deputies here assembled, and by the authority of the same, as follows:
Short Title
1. This Act may be cited as the Law Courts Act.
Establishment of the Civil Court
2. The Court of First Instance for the Civil Justice System shall be referred to from now on as "The Duchies Court".
3. The Duchies Court shall have the power to order compensation to any of the litigants at its own discretion and it shall further have the power to rule whether a litigant is at fault or not at fault.
4. The Duchies Court shall have jurisdiction over all claims brought against any person, any business or any Government Department in the Royal Kingdom of Gotzborg, regardless of the size of the claim.
5. The Duchies Court shall be bound by its own decisions (unless there are distinctions which the Judge shall make at his own discretion), by statute from the Chamber of Deputies, by the Royal Kingdom of Gotzborg's Constitution, by Royal Decrees and by Higher Courts' decisions.
6. There shall be a charge of 50GTh for using The Duchies Court to settle disputes.
Establishment of the Criminal Court
7. The Court of First Instance shall be referred to from now on as "The Crown Court".
8. The Crown Court shall have the following powers:
- to impose exile;
- to impose a fine;
- to impose a custodial sentence;
- to impose a community sentence;
- to impose a compensation order;
- to impose a restraining order;
- to grant an absolute or conditional discharge; and,
- to impose a suspended sentence.
9. The Crown Court's powers shall be limited by relevant statute, the Constitution and by Royal Decree.
10. The Crown Court shall be bound by its own decisions (unless there are distinctions which the Judge shall make at his own discretion) and by decisions of the Higher Courts.
Establishment of the High Court
11. There shall be a Court of Appeal which shall be known as the High Court.
12. The High Court shall have the following powers:
- To quash a conviction by the Crown Court;
- To uphold a conviction by the Crown Court;
- To quash a compensation order by the Duchies Court;
- To uphold a compensation order by the Duchies Court; and,
- To overrule or uphold an "at fault" or "not at fault" ruling by the Duchies Court.
13. The High Court shall be bound by its own decisions, by relevant statute, by Royal Decree or by a higher court.
14. There shall be grounds for appeal only on the following matters:
- The Judge made a mistake in interpreting the law;
- The sentence or order was too harsh; and,
- The sentence or order was too lenient.
Establishment of the Judiciary
The Lord High Justice
15. There shall be one overall judge to oversee the entire legal system who shall from this point on be known as "The Lord High Justice".
16. The Lord High Justice shall be appointed by the King and it is the Chamber of Deputies' recommendation that any person who holds this office shall be learned in the Law. The Chamber shall have the right to recommend a person to hold this position; however, this recommendation is non-binding on the King.
17. The Lord High Justice shall sit in the High Court only.
18. The Lord High Justice is allowed to attend the Royal Cabinet as a member if invited to do so by the King.
Master of the Civil Rolls
19. There shall be a single judge to oversee the Civil Justice System who shall be referred to from now on as "The Master of the Civil Rolls".
20. The Master of the Civil Rolls shall sit in The Duchies Court only.
21. The Master of the Civil Rolls shall be appointed by The Lord High Justice.
22. The Master of the Civil Rolls shall not hold any positions in Royal Cabinet of His Royal Majesty the King or Ministerial positions in any of the Government Departments, nor shall he be an owner of any business registered in the Kingdom of Gotzborg.
The Lord Criminal Justice
23. There shall be a single judge to oversee the Criminal Justice System who shall be referred to from now on as "The Lord Criminal Justice".
24. The Lord Criminal Justice shall sit in the Crown Court only.
25. The Lord Criminal Justice shall be appointed by The Lord High Justice.
26. The Lord Criminal Justice shall not hold any positions in Royal Cabinet of His Royal Majesty the King or Ministerial positions in any of the Government Departments.
Establishment of the Final Court of Appeal
27. The Final Court of Appeal in the Royal Kingdom of Gotzborg shall be referred to as "The King in Council".
28. The King in Council shall consist of His Royal Majesty the King and his Royal Cabinet as well as the Lord High Justice.
29. The King in Council shall not be constrained by any other Court in the land, by any of its previous decisions, by any statute of the Chamber of Deputies or by any Royal Decree.
30. The King in Council's powers are the same as those of the High Court as described in Article 12.
31. The King in Council shall only ever be appealed to in the following circumstances:
- In the event of a serious and dangerous error in the Law by the High Court; and,
- In the event that the High Court has upheld a decision to exile a Gotzborg citizen.
32. In the event of an appeal, an appellant must pay 500GTh for the right to have the King hear his case.
Removal of Justices
33. The Justices of the courts established by this bill are free to retire whenever they please.
34. The Justices of the courts established by this bill shall not be removed from their appointment by anyone other than the reigning monarch.
35. The Justices of the courts established by this bill shall only be removed on the ground of proved misbehaviour or incapacity including the loss of citizenship.
36. Any misbehaviour or incapacity must be submitted before a committee of review including any retired justices, the reigning monarch, one member of the Chamber of Deputies and one independent private citizen.
Miscellaneous
37. The Chamber of Deputies shall retain the right to set up further courts at any date in the future.
Commencement
38. This Act shall become Law once the King has given it his Royal Assent.
Notes
| Chamber of Deputies Hansard Record | |
|---|---|
| Introduction Date: | 2007-02-09 |
| Tabled By: | Charles de Montford |
| Vote Outcome: | In Favour: 3; Against: 0 |
| Royal Assent Date: | 2007-03-16 |
