Royal Court of Justice
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The Mount Vema Royal Court of Justice
The Mount Vema Royal Court of Justice is the highest court of the Vema Seamount Territory after the Mount Vema Royal House of Appeals. |
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Rule 24092020-1 - Royal Order
Judges from countries with common law may apply to work in Mount Vema or provide virtual services in accordance with the Mount Vema Legal System and the laws of the realm. This rule expires on December 31st, 2054.
As of January 1st, 2055, the rule may be extended or reverted to the basic rule where jurists from lower and higher courts, including the court of appeals will have to be citizens of the Kingdom of Mount Vema.
As of January 1st, 2055, the rule may be extended or reverted to the basic rule where jurists from lower and higher courts, including the court of appeals will have to be citizens of the Kingdom of Mount Vema.
The Royal Court of Justice
The Mount Vema Royal Court of Justice follows decisions of the Mount Vema Royal House of Appeals and its own past decisions. However the court has the flexibility to depart from a decision where the liberty of a person is involved or a judge considers that the material facts of the present case are sufficient from an earlier case. He/she may distinguish the case and refuse to follow the earlier decision.
The Royal Court
1- Once a case has been transferred from the Royal Tribunal, a plea and directions hearing are held to establish whether the plea is guilty or not guilty and to identify key issues for the trial.
2- If the defendant pleads guilty, the judge decides the sentence.
3- If the defendant pleads not guilty, the trial is held before a judge and a jury of 12. The judge decides the law and the jury decides the facts. The jury decides whether the defendant is guilty or not guilty. This can be by a unanimous verdict or by a majority verdict (2 to 10).
Appeals from the Royal Court
The defendant may appeal against conviction and/ or sentence to the Royal House of Appeals. In all cases the defendant needs leave to appeal from the House of Appeals or the trial judge must grant a certificate that the case is fit for appeal.
1- The only ground for allowing an appeal against conviction is that the conviction is unsafe.
2- If the House of Appeals allows the defendant’s appeal, it may order a retrial or it may quash the Conviction.
3- When hearing an appeal, the House of Appeals have power to admit fresh evidence if it is necessary or expedient in the interests of justice.
Appeals by the Prosecution
The prosecution may apply to the higher Court to order a re-trial or to quash an acquittal. Because of interference with a witness, the jury, the judge has made an error of law or there is new and compelling evidence that the defendant is guilty and it is in the interests of justice to hold a re-trial.
1- Once a case has been transferred from the Royal Tribunal, a plea and directions hearing are held to establish whether the plea is guilty or not guilty and to identify key issues for the trial.
2- If the defendant pleads guilty, the judge decides the sentence.
3- If the defendant pleads not guilty, the trial is held before a judge and a jury of 12. The judge decides the law and the jury decides the facts. The jury decides whether the defendant is guilty or not guilty. This can be by a unanimous verdict or by a majority verdict (2 to 10).
Appeals from the Royal Court
The defendant may appeal against conviction and/ or sentence to the Royal House of Appeals. In all cases the defendant needs leave to appeal from the House of Appeals or the trial judge must grant a certificate that the case is fit for appeal.
1- The only ground for allowing an appeal against conviction is that the conviction is unsafe.
2- If the House of Appeals allows the defendant’s appeal, it may order a retrial or it may quash the Conviction.
3- When hearing an appeal, the House of Appeals have power to admit fresh evidence if it is necessary or expedient in the interests of justice.
Appeals by the Prosecution
The prosecution may apply to the higher Court to order a re-trial or to quash an acquittal. Because of interference with a witness, the jury, the judge has made an error of law or there is new and compelling evidence that the defendant is guilty and it is in the interests of justice to hold a re-trial.
Miscarriages of Justice
All miscarriages of justice shall be referred and reviewed by a Court higher than the one where the case was tried.
Hierarchy of the Mount Vema Courts
All miscarriages of justice shall be referred and reviewed by a Court higher than the one where the case was tried.
Hierarchy of the Mount Vema Courts