Judicial power vests in the Prince, who, by the Constitution, delegates its full exercise to the courts and tribunals. The court system renders justice in the name of the Prince.
The independence of judges is guaranteed and judges shall not be removable by any Member of the Government.
The organisation, jurisdiction and operations of the tribunals, as well as judges’ status, are laid down by law.
The Courts of the Principality consist of the Civil Court, Criminal Court, Supreme Court, and the Court of Appeal.
Civil disputes shall be heard and adjudicated in the Civil Court.
The Civil Court shall have jurisdiction to adjudicate all disputes concerning contracts which were made under, and civil wrongs which took place within, the jurisdiction of the Principality.
Without prejudice to the powers of arrest as described in this Constitution, no Person shall be imprisoned as a result of Civil Court cases or Civil cases appealed through the Court of Appeal.
Criminal cases are heard by the Criminal Court. The Victim(s) of a criminal offence shall have the inherent right to initiate a Prosecution of an accused Person.
A Public Prosecution of an accused Person shall be instituted by the Public Prosecutor on behalf of the Victim or the Citizens of the Principality:
All criminal offences shall be tried in the Criminal Court before a panel of 3 or 5 Judges, depending on case complexity and severity, who pronounce a verdict of “Guilty” or “Not guilty” by simple majority.
The Supreme Court hears cases of the most serious nature, including but not limited to; bestiality, necrophilia, paedophilia, incest, defacing the dead, rape, serious assault, paedophilia, murder, any coups or coup attempts, serious fraud, repeated offence of lesser offences. The Bench is composed of five full members and two substitute members.
The Supreme Courts members are appointed by the Prince, as follows:
- One full member and one substitute member are introduced by the Government from outside its members
- One full member and one substitute member are introduced by the Government from outside its members
- One full member is introduced by the Crown Council from outside its members
- One full member is introduced by the Court of Appeal from outside its members
- One full member is introduced by the Civil Court of First Instance from outside its members.
These introductions are done by each of the bodies here above mentioned at the rate of two per seat.
If the Prince does not agree with these introductions, He is free to require new ones be selected.
The President of the Supreme Court is appointed by the Prince.
A - In constitutional matters, the Supreme Court rules in sovereign fashion over:
1) Compliance of the Governmental rules of procedure with constitutional and, if need be, legislative provisions under the conditions prescribed by article 61
2) Appeals on petitions for annulment, petitions to review validity and actions for damages arising from violations of these rights and freedoms prescribed in chapter III of the Constitution, and which are not referred to in subsection B of the present article
B - In administrative matters, the Supreme Court rules in sovereign fashion over:
(a) Proceedings for annulment of ultra vires decisions taken by various administrative authorities or Sovereign Ordinances to enforce laws, and the award of related damages
(b) Appeals by way of quashing decisions of last resort taken by administrative jurisdictions
(c) Appeals for interpretation and petitions to review the validity of decisions of various administrative authorities or Sovereign Ordinances to enforce laws
C - The Supreme Court rules over conflicts of jurisdiction.
The Supreme Court deliberates either in plenary session composed of five members or in administrative section composed of three members.
It sits and deliberates in plenary session:
1) In constitutional matters
2) As judge of conflicts of jurisdiction
3) In administrative matters on references ordered by the President of the Supreme Court or decided by the administrative section.
The Supreme Court sits and deliberates in administrative section in all other cases.
The Court of Appeal was established to hear appeals arising from the Civil, Criminal and Supreme Courts. The Bench comprises two appeal judges and a judge of equivalent status and expertise from the Court from which the original case stems, but this will not be the judge which made the original verdict.
1. No person shall be convicted, sentenced, or imprisoned without due process of law and a fair hearing.
2. No person shall be convicted or sentenced without the possibility to appeal.
3. The defendant has the right to a speedy and public trial.
4. The defendant has the right to be informed of criminal charges.
5. The defendant has the right to cross-examine witnesses and to compel witnesses to appear in court through the defendant’s legal representative.
6. The defendant has the right to legal assistance at all times during legal proceedings.
7. The defendant has the right to be presumed innocent until proven guilty.
8. The defendant has the right not to be compelled to be a witness against himself or herself.
9. The defendant has the right to inform family about the detention.
Proposed laws can be initiated by either the Prince, any Government member, or by any citizen via their local Government Minister. Every proposed law must be passed by the Prince, the Government and the public before becoming an enforceable law of the Principality.
HRH Prince > Minister of State > Ministers > Public veto > Law.
or
Minister of State > HRH Prince > Ministers > Public veto > Law.
or
Ministers > Minister of State > HRH Prince > Public veto > Law.
The same process remains in place to revise current laws.
Article 1: Before the Trial
1. A person suspected of committing one or more of the criminal offences listed in Part II might be detained by the police for no more than 12 hours unless the Warrant issued by the Judge of the Criminal Court deems that it is plausible that he or she will try to escape or erase evidence.
2. The Judge of the Criminal Court can issue the Warrant upon the request made by the Chief Prosecutor if he or she considers the evidence submitted to give solid grounds to the possibility of conviction upon the criminal trial.
3. The Chief Prosecutor can request the Judge of the Criminal Court to issue the Warrant allowing detention of the accused if he knows of evidence which give grounds to a potential future conviction of the accused in the Criminal Court.
4. The Judge can issue a Warrant for detention with or without the possibility of bail.
5. Bail, if granted, shall not be subject to excessive bail fees.
6. The accused is indicted by the Chief Prosecutor and brought before the Judge in the Criminal Court if the Chief Prosecutor considers the evidence to be sufficient to secure conviction(s).
Article 2: The Trial
1. The defendant in the Criminal Court pleads either ‘guilty’or ‘not guilty’.
2. The Judge in the Criminal Court examines the evidence submitted by the Chief Prosecutor and the defendant, including testimonies given by the witnesses called by the parties, and defences (if any) raised by the defendant.
3. The evidence submitted by either side must be legally obtained, and cannot be obtained by torture, inhuman treatment, or any form of physical or psychological pressure.
4. The Judge weights the credibility, relevance and the strength of the evidence submitted and gives the verdict of ‘guilty’ or ‘not guilty’ according to the law and sense of justice.
5. The Judge determines the sentence taking into account all mitigating and/or aggravated circumstances surrounding the commitment of the offence.
6. The Judge sentences the defendant as provided in Part II and Part IV.
7. The defendant who was convicted in the Criminal Court can appeal from the verdict or from the sentence to the Court of Appeal.
8. Witnesses called by either party to the criminal proceedings must appear in the Court, take an oath and testify the truth, whole truth and nothing but the truth.
Article 3: Verdict Compliance and Enforcement
1. The Judges and the police force of the Principality are responsible for ensuring that the verdicts of the Courts are complied with.
After sentence has been passed, both the convicted and the Prosecutor can appeal the decision and/or sentence if they wish. In cases where the convicted plead Guilty, only the sentence can be appealed.
Bail may be granted until the Appeal case is heard by the Court of Appeal if; (i) there is no risk of the convicted absconding, and (ii) no risk to the public.
At the Appeal, the Justice in the Court of Appeal examines once again the evidence submitted by the Chief Prosecutor and the defendant, in addition to any new evidence and/or circumstances which are materially significant to the case, and either confirms or overrules the original verdict pronounced in the Criminal Court.
In the case of appeals which are appealing only the form or severity of the sentence, the Justice in the Court of Appeal examines once again the circumstances in which the offence was committed and either confirms the sentence or imposes another or different sentences instead that the Judges of the Court of Appeal consider more appropriate.
The verdicts and sentences pronounced by the Court of Appeal are final, and are not subject to Appeal.
An accused person is admitted to bail in the event that the judge has been persuaded by their lawyer that they can be trusted to adhere to certain conditions.
In granting Bail, the Court shall impose on the accused:
(a) five Standard Conditions; and
(b) any such further Special Conditions as the Court considers necessary to secure the citizens and/or the Principality.
The Standard Conditions are:
(a) the accused appears at the appointed time at every diet relating to the offence with which he is charged of which he is given due notice, and makes himself available for the purpose of participating in an identification parade (or other identification procedure), or of enabling any print, impression or sample to be taken from him
(b) does not commit an offence while on bail;
(c) does not interfere with witnesses or otherwise obstruct the course of justice whether in relation to himself or any other person;
(d) does not behave in a manner which causes, or is likely to cause, alarm or distress to witnesses;
(e) makes himself available for the purpose of enabling enquiries or a report to be made to assist the court in dealing with him for the offence with which he is charged;
Special conditions can be anything deemed necessary in the circumstances, however they will usually involve a prohibition of contacting or attempting to contact or approaching or attempting to approach a particular person or persons or visiting a particular place or places. The geographical reach of prohibition can be extensive.
It is possible for a decision to refuse bail to be subject to appeal. It is also available to the Prosecutor to appeal against a decision to grant bail. In either case the procedure demands to be considered by the Court of Appeal promptly. Any intention to appeal must be expressed immediately.
Breach of any Bail conditions constitutes a criminal offence attracting up to 12 months imprisonment depending on the severity of the original offence in relation to the breach of Bail conditions. Alternatively, or in addition, a fine of up to £100,000 can also be imposed.