Royal Tribunal
|
The Mount Vema Royal Tribunal
The Mount Vema Royal Tribunal is where all Summary offences within the Vema Seamount Territorial waters and any offence triable either way takes place. Where the defendant agrees to being tried in the Royal Tribunal. |
| ||
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 Tribunal
The Mount Vema Royal Tribunal follows the Mount Vema Royal Court of Justice and its own past decisions.
The Royal Tribunal
Jurisdiction of the Royal Tribunal
1- The Royal Tribunal must try all Summary offences and any offence triable either way where the defendant agrees to being tried in the Royal Tribunal.
2- The maximum sentences in the Royal Tribunal are 24 months for two offences and fines up to 25,000 golles.
3- Conducts plea before venue hearings in respect of all triable either way offences. A defendant who pleads guilty is then dealt with in the Royal Tribunal.
4- Where defendant pleads not guilty to a triable either way offence, a mode of trial hearing will then be held to decide whether the case should be tried in the Royal Tribunal or the Royal Court of Justice.
5- Deals with the first hearing of all indictable offences; these cases are then sent to the Royal Court of Justice.
6- Decides whether to grant arrest warrants or search warrants, and whether the defendant should be granted bail.
7- The Royal Tribunal also have civil jurisdiction. This shall include:
a)- Hearing appeals against a local authority’s refusal to grant licenses.
b)- Enforcing demands for district management and maintenance fees.
c)- Hearing family cases;
The Youth Court
1- Young offenders age 10 to 17 inclusive must be tried in the Youth Court, a section of the Royal Tribunal. The exception is when young offenders are charged with very serious offences including murder, manslaughter, rape, or causing death by dangerous driving, must be tried at the Royal Court. In addition, other offences (carrying a sentence of 10 years’ imprisonment or more for an adult) may be tried in the Royal Court of Justice.
2- There must be three Royal Tribunal Judges on the bench, with a mix of gender, and the Judges must have special training.
3- A parent or guardian must be present where the offender is under 16, unless it would be unreasonable to require such attendance in the circumstances.
Appeals from the Royal Tribunal
There is one appeal route to the Royal Court of Justice.
The route is only available to the defendant. The appeal must be on sentence or conviction or both. The whole case must be reheard at the Royal Court by one Royal Tribunal Judge and two Royal Court Judges.
Jurisdiction of the Royal Tribunal
1- The Royal Tribunal must try all Summary offences and any offence triable either way where the defendant agrees to being tried in the Royal Tribunal.
2- The maximum sentences in the Royal Tribunal are 24 months for two offences and fines up to 25,000 golles.
3- Conducts plea before venue hearings in respect of all triable either way offences. A defendant who pleads guilty is then dealt with in the Royal Tribunal.
4- Where defendant pleads not guilty to a triable either way offence, a mode of trial hearing will then be held to decide whether the case should be tried in the Royal Tribunal or the Royal Court of Justice.
5- Deals with the first hearing of all indictable offences; these cases are then sent to the Royal Court of Justice.
6- Decides whether to grant arrest warrants or search warrants, and whether the defendant should be granted bail.
7- The Royal Tribunal also have civil jurisdiction. This shall include:
a)- Hearing appeals against a local authority’s refusal to grant licenses.
b)- Enforcing demands for district management and maintenance fees.
c)- Hearing family cases;
The Youth Court
1- Young offenders age 10 to 17 inclusive must be tried in the Youth Court, a section of the Royal Tribunal. The exception is when young offenders are charged with very serious offences including murder, manslaughter, rape, or causing death by dangerous driving, must be tried at the Royal Court. In addition, other offences (carrying a sentence of 10 years’ imprisonment or more for an adult) may be tried in the Royal Court of Justice.
2- There must be three Royal Tribunal Judges on the bench, with a mix of gender, and the Judges must have special training.
3- A parent or guardian must be present where the offender is under 16, unless it would be unreasonable to require such attendance in the circumstances.
Appeals from the Royal Tribunal
There is one appeal route to the Royal Court of Justice.
The route is only available to the defendant. The appeal must be on sentence or conviction or both. The whole case must be reheard at the Royal Court by one Royal Tribunal Judge and two Royal Court Judges.
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