An Act designed to repeal the Koru’s Court Act, 2025 which authorised powers to a court system defined in the very act as temporary. In its place will serve the Hokorian Criminal and Civil Courts Act to form the bedrock of the legal system for the Hokorian State and People.
ENACTED by the Koru of the Hokorian State under the Constitution of the Hokorian State.
Part I- Preliminary
Section 1- Short Title
- This Act may be referred to as the Hokorian Courts Act, 2025.
Section 2- Commencement
- This Act shall come into force on a date appointed by the Koru of the Hokorian State.
Section 3- Repealed Legislation
- This Act repeals the Koru’s Court Act 2025 upon assent being granted to the Hokorian Criminal and Civil Courts Act 2025.
Section 4- Interpretation
- “State of Hokoria”- The Hokorian State.
- “De facto Supreme Court”- Until such time as an Act is passed by the Hokorian Assembly forming a Supreme Court; the two named courts in this act shall assume the moniker of Supreme Court in their respective areas.
- “Named Court”- The Relevant Court for the area; that being Criminal or Civil.
- “Officer of the Court”- A person who has a job within the Court as recognised by the law.
- “Case Record Archives”- The records maintained by the Koru’s office pertaining to legal cases in the state of Hokoria.
Part II- Establishment
Section 5- Establishment of the Criminal Court
- The Criminal Court of the Realm shall officially be called the Court of the Star Chamber.
- The Court of the Star Chamber shall be the highest Criminal Court in Hokoria and her provinces in perpetuity.
- All criminal charges shall be heard by the Court of the Star Chamber.
- Judges appointed to this court shall be styled “Reverence”.
- In verbal or formal address to the court; a judge of the Court of the Star Chamber is to be called “Your Reverence”.
- The Court of the Star Chamber shall not employ a jury system.
Section 6- Establishment of the Civil Court
- The Civil Court of the Realm shall officially be called the High Court of Justice.
- The High Court of Justice shall be the highest Civil Court in Hokoria and her provinces in perpetuity.
- All civil charges shall be heard by the High Court of Justice.
- Judges appointed to this court shall be styled “Justice”.
- In verbal or formal address to the court, a judge of the High Court of Justice is to be called “Justice (Surname)”.
- The High Court of Justice shall employ a Jury System.
- Defendants may request a Jury of their Peers or to stand before a Justice alone.
- Should a Jury be Requested; the court shall be responsible for choosing 5 citizens at random for Jury Duty.
Part III- Authority
Section 7- Empowerment of the Courts
- Both the Court of the Star Chamber and the High Court of Justice derive their authority to arbitrate and carry out justice in the name of the Koru from the Koru.
- This Act recognises the two courts as the sole bodies authorised to hear and judge legal matters within Hokoria.
- Both courts shall act in the name of the Koru of the Hokorian State and shall uphold the sovereignty of the State, the supremacy of the Constitution, and the dignity of the Koru.
- Both courts shall exercise the authority to dispense judgement based upon the laws of the land passed by the Hokorian Assembly.
Section 8- Appointment of Star Chamber Judges
- Reverences of the Court of the Star Chamber shall be appointed at the direction of the Koru of the Hokorian State.
- The Prime Minister and Minister in charge of the Ministry of Justice and Enforcement may nominate names to the Koru but cannot in their own right appoint a Reverence.
- Candidates to become a Reverence must be familiar with all Criminal Laws of the State; the records of the Koru’s Court and precedence set in earlier trials.
- Candidates must also meet the following criteria:
- Are over the age of 18.
- Are familiar with the practice and area of the Court of the Star Chamber.
- Are familiar with the laws of the state.
- Candidates must also meet the following criteria:
Section 9- Appointment of High Court Judges
- Justices of the High Court of Justice shall be appointed at the direction of the Koru of the Hokorian State or the Prime Minister of Hokoria.
- The Minister in charge of the Ministry of Justice and Enforcement may nominate names to the Koru or Prime Minister but cannot in their own right appoint a Justice.
- Citizens may apply to the Ministry of Justice and Enforcement to become a Justice of the High Court of Justice.
- Citizens seeking to become a Justice are to meet the following criteria:
- Are over the age of 16.
- Are familiar with the practice and area of the High Court of Justice.
- Are familiar with the laws of the state.
- Are familiar with the appropriate penalties for crimes; or are willing to learn under advisement from the Ministry of Justice and Enforcement.
- Citizens seeking to become a Justice are to meet the following criteria:
Part IV- Jurisdiction and Powers
Section 10- Criminal Jurisdiction
- The Court of the Star Chamber shall have the absolute authority to hear and arbitrate on all criminal matters within the state of Hokoria.
- This authority is extended to Hokorian Provinces.
- Should a province lack a criminal justice system; the Court of the Star Chamber assumes the role of the criminal court of the land.
- Should a province have its own criminal justice system; the Court of the Star Chamber shall serve as the de facto Supreme Court and final Court of Appeal on criminal cases.
- This authority is extended to Hokorian Provinces.
- The Court may impose fines, community service, detention, banishment or other lawful penalties.
Section 11- Civil Jurisdiction
- The High Court of Justice shall have the absolute authority to hear and arbitrate on all civil matters within the state of Hokoria.
- This authority is extended to Hokorian Provinces.
- Should a province lack a criminal justice system; the High Court of Justice assumes the role of the civil court of the land.
- Should a province have its own criminal justice system; the High Court of Justice shall serve as the de facto Supreme Court and final Court of Appeal on civil cases.
- This authority is extended to Hokorian Provinces.
- The Court may make orders for payment, restitution, injunctions and other remedies as it deems just.
Section 12- General Powers
- Both named courts in this act have the powers to issue and or order the following:
- Summons to appear before the court.
- Warrants to seize evidence or to force an outcome that is needed to proceed with a case.
- Contempt of Court and Disbarment actions against lawyers or civilians in a trial for trespass of the rules of the court to be established by the Court Clerk.
- The Court is authorised to create further powers and processes to ensure the good functioning of the court system.
- These powers must be in the spirit of this act; and bound by the constitution or any further acts passed by the Hokorian Assembly.
- Any power or process in violation of these terms will be struck down by the Hokorian Assembly.
- Judges within both courts who continue to violate their offices are subject to impeachment and removal in disgrace by the Hokorian Assembly.
Part V- Procedure
Section 13- Commencement of Proceedings
- Civil proceedings may be commenced by written application to the Court Clerk.
- Criminal proceedings may be commenced by the filing of a charge sheet by a law enforcement officer, or the Ministry of Justice and Enforcement.
Section 14- Hearings
- Hearings shall be conducted by the Presiding Judge.
- Parties shall be given the opportunity to present evidence and submissions.
- The Court may receive oral or written evidence and shall not be bound by technical rules of evidence.
Section 15- Judgments and Orders
- Judgments shall be delivered orally or in writing and shall take effect immediately unless otherwise specified.
- Orders of the Court shall be enforceable throughout the State.
Part VI- Administrative Functions, Records, and Dissolution
Section 16- Court Clerk
- The Minister appointed to run the Ministry of Justice and Enforcement may create the role of Court Clerk.
- This Officer of the Court may be assigned to one or both courts to handle the administrative work to maintain and oversee the good functioning of the courts.
- The Court Clerk is to maintain records, schedule hearings and trial dates, communicate from the court to legal teams; and any other tasks directed by the Minister for Justice and Enforcement or the Presiding Judge in a case before the court.
Section 17- Appeals
- The ruling of the court is final and may not be overturned unless a signed order is issued by the Koru requesting a retrial or to command an overturning of the court’s verdict.
Section 18- Immunity from Prosecution
- No action may be levelled against any Officer of the Court for actions or consequences pursuant to their legal roles and authority.
- This immunity may be lifted should the actions of an Officer of the Court be deemed illegal or not in keeping with this act, or the Constitution.
- The Koru, whose authority is which these courts derive their authority from, is immune to prosecution by these courts.
- These Courts are the Court of the Star Chamber and the High Court of Justice.
Section 19- Record Keeping
- The Courts shall maintain a transcript and record for each case.
- This record must contain the following:
- All court transcripts.
- All evidence.
- A record of the charges.
- The Plaintiff(s) and Defendant(s) names.
- The verdict of the court.
- The written judgment (if applicable).
- Any other information that pertains to the case.
- This record must contain the following:
- The Koru’s Office shall assume the responsibility of maintaining the Case Record Archives; and may make public its contents at the discretion of the Koru or the Minister for Justice and Enforcement.
Section 20- Dissolution
- On a date appointed by the Koru; both courts are subject to dissolution by the Koru.
- Upon dissolution, all pending matters shall be transferred to such court or tribunal as the Koru may direct.
Section 21- Regulations
- The Koru may make regulations to give effect to this Act.