LV Jon. I 2015 (Judiciary)

The purpose of this Act is to repeal and replace Article IX, Section A, Paragraphs E-G of the Austenasian Constitution of 2011 in accordance with Paragraph 20 of the First Amendment and thereby to revise the organisation of Town Courts, High Courts, and the Imperial Court.

In accordance with Paragraph 20 of the First Amendment to the Austenasian Constitution of 2011, Article IX, Section A, Paragraphs E-G of the Austenasian Constitution of 2011 are hereby repealed, to be replaced in terms of their description of the organisation of the courts of the Empire by Paragraphs 3-9 of this same Act.

A Town Court shall have as its Judge the Representative (or Acting Representative) of said Town. However, should the Representative also be the defendant or prosecutor of the trial, or if the defendant or prosecutor of the trial has a relationship to the Representative which the Monarch deems likely to affect their impartiality, then the Monarch shall appoint a replacement Judge for that trial.

Town Courts shall have as their Jury no less than two and no more than eleven persons, appointed by the Monarch to serve as Jury in the trial. Members of the Jury of a Town Court should preferably be residents of said Town; however, should the population of said Town not be large enough to supply sufficient suitable persons, impartial individuals residing outside of the Town with an interest in seeing justice served in said Town may be appointed.

A High Court shall have as its Judge a Representative (or Acting Representative) of a Town in the relevant Duchy, or (so long as they are over the age of sixteen years) a Noble residing in or Landed Noble of a place in said Duchy. The Judge of a High Court shall be appointed by the Monarch, with the approval of the Prime Minister (or, should the Prime Minister be deemed by a majority vote of the House of Representatives to be incapable of impartiality in approving a Judge for that particular trial, the approval of a majority vote of the Cabinet). A person with a relationship to the defendant or prosecutor of the trial which the Monarch deems likely to affect their impartiality shall not be appointed as Judge of a High Court.

High Courts shall have as their Jury no less than two and no more than eleven persons, appointed by the Monarch to serve as Jury in the trial. Members of the Jury of a High Court should preferably be residents of the relevant Duchy; however, should the population of said Duchy not be large enough to supply sufficient suitable persons, impartial individuals residing outside of the Duchy with an interest in seeing justice served in said Duchy may be appointed.

The Imperial Court shall have as its Judge the Monarch. When sitting as Judge of the Imperial Court, the Monarch shall wear a loros.

The Imperial Court shall have as its Jury no less than two and no more than eleven persons, appointed by the Monarch and approved by the Prime Minister (or, should the Prime Minister be deemed by a majority vote of the House of Representatives to be incapable of impartiality in approving a Jury for that particular trial, the approval of a majority vote of the Cabinet) to serve as Jury in the trial.

Neither the Judge, nor the defendant, nor the prosecutor of a trial may be a member of its Jury. Neither may the Judge of a trial be the defendant or prosecutor at said trial, nor may the defendant and prosecutor at a trial be the same individual.

In accordance with the 22 December 232 law of Alexander Severus found in Book XIV of the Codex Jonathanus, although the Monarch is not legally obliged to follow the law, they are morally and ethically obliged to do so. Therefore, and in accordance with Article IV, Section A, Paragraph C of the Austenasian Constitution of 2011, the Monarch may not be arrested for any crime. However, should the Monarch believe they have committed a crime, and wish in humility to be tried for it, they may organise a trial for themselves in accordance with Paragraphs 3-8 of this same Act (Paragraph 9 of this same Act not applying). In such a case, if found guilty, the Monarch may not be made to submit to any sentence imposed by the Consuls, but should do so voluntarily.

Members of a Jury shall be appointed on the basis of their impartiality, wisdom, and fairness.

In accordance with Paragraphs C and D of Article IX, Section A of the Austenasian Constitution of 2011, a Town Court may, should its Jury decide that such is necessary, bring a trial of a misdemeanour to the relevant High Court. Similarly, a High Court may, should its Jury decide that such is necessary, bring a trial of a misdemeanour to the Imperial Court.

In regards to XV Dec. I 2012, Paragraph 2, the Consuls shall, when formally issuing a sentence, wear a loros.