Courts of Auresia

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The Supreme Court consists of one Chief Justice and eight Associate Justices, appointed by the Dynast Sovereign.  They serve until any of the following happens, unless they voluntarily step down or pass away beforehand -  
The Supreme Court consists of one Chief Justice and eight Associate Justices, appointed by the Dynast Sovereign.  They serve until any of the following happens, unless they voluntarily step down or pass away beforehand -  
-
* reaching age 70 (mandatory retirement)
+
* reaching age 75 (mandatory retirement)
-
* reaching 30 years service on the Court
+
* reaching 25 years service on the Court
* dismissal by the Dynast Sovereign
* dismissal by the Dynast Sovereign

Latest revision as of 16:57, 26 June 2020

The courts of Auresia or Imperial Courts System - formally known as His Majesty's Courts - is the judiciary of the Empire, responsible for hearing cases both criminal and civil and providing arbitration and resolution for disputes that arise or are brought to the attention and interest of the system. At its pinnacle, the System is controlled by the Dynast Sovereign.

The Courts maintain a link with the investigations and containment services of the Home Office, as it is into their care all prisoners and mental patients are committed. Similarly, the Courts are inseparably interwoven with the law enforcement services of the Empire.

Contents

Supreme Court

The Supreme Court is considered the highest judicial body within the Empire. It has maximum level (and largely discretionary) appellate jurisdiction over all courts and court cases involving issues of Imperial law. Once the Court rules on a case, their ruling is binding and can only be overridden through a successful appeal to the Dynast Sovereign.

The Supreme Court consists of one Chief Justice and eight Associate Justices, appointed by the Dynast Sovereign. They serve until any of the following happens, unless they voluntarily step down or pass away beforehand -

  • reaching age 75 (mandatory retirement)
  • reaching 25 years service on the Court
  • dismissal by the Dynast Sovereign

High Courts

Each of the regions of the Empire maintains a High Court which serves as the chamber of last review on all cases in that territory. Rulings by these courts can only be overridden by a successful appeal to the Supreme Court itself. Each court has five members - four associate magistrates and one chief magistrate.

Subordinate Courts

Chancery Courts

The Chancery Court deals with issues in connection to business, trusts, taxes, probate, insolvency, and land arrangements in relation to issues of equity. Arbitrations between businesses and guilds are handled at this level, if after due review it is decided that a proper judicial hearing is required. Chancery also hears cases with relation to patent and licensing disputes.

Family Courts

The Family Court deals with personal human matters. This includes family disagreements such as illness and divorce disputes as well as childcare disputes. Because those below their majority are still answerable to the same criminal justice as those who are, family courts have no specific provision for handling juvenile crime.

Criminal Courts

In criminal matters, Criminal Courts the Empire have been organized to deal with minor offences in a speedy manner. All criminal cases start here and over 95 percent of them will end here too – only the most serious ones go to on to formal hearings. Minor (summary) crimes are handled by criminal courts known as the Lower Criminal Courts. Major (indictable) crimes are handled by the Upper Criminal Courts.

Lower Criminal Courts

Summary offences are the least serious criminal offences, committed to the Lower Criminal Court. They include vehicular offences, vandalism, criminal damage of small extent, possession of illicit materials, being drunk and disorderly, minor theft and more. This kind of small criminality will be dealt with in summary proceedings and the defendant has no rights under Imperial Law to request formal review if the magistrate rules it need not pass on to Upper Criminal.

For one offence, they can inflict a fine of up to ʤ100 and imprisonment of up to 6 months. When dealing with more offences, this rises to 12 months. For certain specified offences, fines permitted to magistrates may be higher (for example, fly tipping fines are up to ʤ500). Some driving offences are punished by disqualification from driving for a period of time, or in serious instances license is revoked permanently. Regardless of circumstance, offences will variously be dealt with as summary offences by the court or as indictable offences.

Upper Criminal Courts

Indictable offences, very serious crimes, will be committed to the Upper Criminal Court, if the lower criminal court finds there is a case upon magisterial review. Such cases include murder, rape, high-level theft - items stolen have a value equal to or greater than ƒ1,000 - financial crimes, conspiracy and abuse of family, elderly or children. Upper Criminal also handles any cases involving illicit substances valued at over a thousand florins.

Juvenile justice deals with criminal offences by young people, who have reached the age of criminal liability (12 years). They have the power to impose a sentence of youth detention known as a DTO - detention and training order - on the miscreant for up to three years. Those convicted by the Courts become the wards of the Bureau of Corrections of the Home Office.

Sovereign's Mercy

Purpose

When an accused has exhausted their appeals at every level of the Courts, there is one option available but rarely exercised, as it is difficult to do so. This is to write a brief letter to the attention of the Dynast Emperor himself and appeal for the mercy of the Sovereign. If a condemned makes this choice, word is sent to the Privy Secretariat via a special communications line and the Lord Privy Seal is notified. He dispatches a privy secretary to take possession from the hands of the condemned the letter of appeal, and then delivers it directly to the Sovereign. The contents of these appeals are read by the Sovereign alone; no other may do so.

Limitations

The Dynast Sovereign serves as the High Magistrate of the Realm, its highest and most powerful law enforcement authority. His authority supersedes that of any magistrate at any level, and he can thus override any court at any level without limitation.

Successful Appeal

In the event the Dynast Sovereign does override a court ruling - regardless of the court level - that case is closed and the person absolved of criminal accusations. If a criminal records with regard to the accusations or incidents in question (and only those to which the appeal for mercy was applied) exist, they are expunged.

Failed Appeal

In the event the Dynast Sovereign declines to exercise Sovereign's Mercy, the condemned is informed of this denial in a short message. No reasons are given or apologies made. If the condemned is facing execution, they are officially beyond reprieve at this point.

    Curia Imperiale   
The Crown The Dynast Sovereign, Privy Council, Privy Secretariat, List of Dynast Sovereigns
Executive Prime Minister’s Office (Bureau of the Civil Service, Bureau of Legislative Affairs, Bureau of Internal Affairs, Bureau of Correspondence)
Legislature Imperial Parliament ( House of Lords, House of Delegates)
Judiciary Supreme Court
Ministries Foreign Office, War Office, Home Office, Finance, Justice, Commerce, Health & Welfare, Transport, Works & Infrastructure
State Administrations General Post Administration, Imperial Archives & Records Administration, Imperial Customs & Excise Administration, Imperial Public Health Administration, Imperial Statistical Administration, Strategic Research & Development Administration
Crown Corporations Auresian Broadcasting Corporation, Export-Import Bank of Auresia, Imperial Oil & Gas, Savings & Investment Auresia, Transport Auresia
Related Subjects Government Structure, Foreign Relations, Politics, Crime & Punishment, Farinacci
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