The Judiciary

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Between the Charter of Scone and several bills passed into law by the Parliament of the Kingdom, the Kingdom has built up several judicial organs. These Courts handle various types of matters that may arise within the Kingdom requiring adjudication and are staffed by Sconnish Citizens.

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The Court of Common Pleas

The Court of Common Pleas is the ordinary Court of First Instance within the Kingdom and hears both civil and criminal matters. The Court of Common Pleas may also be called upon to render legal opinions by the Government or a citizen of the Kingdom through the "Question of Law" process. Any citizen can introduce a civil or criminal case within the Kingdom of Scone through the Grosvenor Hall Facebook Group. Individuals concerned that a criminal matter should be considered before the Court are strongly encouraged to contact the Attorney or Solicitor-General first for assistance.

The Court of Common Pleas may consist of anywhere between 1-5 judges. The current composition of the Court is as follows:

Chief Judge: Lord Ryen Rasmus, Bt.

Associate Judge: The Lord Carlton of Quincet
Associate Judge: Sir Andrew Pollock, CSP, Bt

Associate Judge: The Rt. Hon. & Learned The Lord Dayton of Calder Valley, KC, CSP

Associate Judge: Sir Samuel Korp, KC 

Former Judge: The Viscount York of Hamilton (Resigned, former Chief Judge)

The Court is presided over by the Chief Judge who may issue administrative orders for the Court as he sees fit, within the bounds of Sconnish Law. All judges are appointed by His Majesty in Council and serve at the pleasure of His Majesty. Judgments made by the Court may be appealed to the Court of His Majesty the King in Parliament. Whenever Parliament is not sitting, appeals are heard by the Court of Lord High Steward instead.

The Court of Lord High Steward

The supreme judicial authority in Westminster Style systems has traditionally been placed in Parliament--but what happens when Parliament is prorogued and can not hear a matter? The Court of Lord High Steward is largely antiquated in modern Westminster-style systems, but centuries ago it served as a Court to hear cases that could only be heard by Parliament when it was prorogued, dissolved, or otherwise wasn't sitting. In the Kingdom of Scone, this Court serves a similar function, allowing appeals that would normally be heard by Parliament to be heard in this special Court instead whenever Parliament was otherwise not sitting and will not be sitting for at least 2 weeks from the date of appeal.

The Court of Lord High Steward just has one ordinary member: The Lord High Steward. Traditionally, this post has been held by the Prime Minister of the Kingdom. In the event of a conflict of interest, the Lord High Chancellor serves in this position. Judgments made by the Court may be appealed to the Court of His Majesty the King in Parliament once Parliament resumes sitting.

The Court of His Majesty the King in Parliament

The supreme judicial authority of the Kingdom is invested in His Majesty the King in Parliament and the decisions of this Court are final and may not be appealed any further. The Court of His Majesty the King in Parliament is comprised of the Lord Chancellor assisted by "Lords of Appeal in Ordinary" who are Peers of the Realm learned in law. This Court is an appellate Court, hearing appeals from inferior Courts. The Court also has original jurisdiction for any case where a person is accused of treason.

The current composition of the Court is as follows:

The Lord Chancellor: The Marquess of Avebury, CSP, OGE, KBA *

Senior Lord of Appeal in Ordinary: The Duke of Bergen, CHM, CSP, CGE, KBA

*As Lord Chancellor, Lord Avebury is automatically the Presiding Officer of the Court. Lord Avebury has separately been appointed as a Lord of Appeal in Ordinary. Should he ever cease being Lord Chancellor, Lord Avebury would remain on this Court.

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HIS MAJESTY'S COUNSEL LEARNED IN LAW

His Majesty's Counsel Learned in Law (commonly known as "King's Counsel") are authorized to represent any individual before Sconnish Courts in any matter whatsoever. In order to become a King's Counsel, a citizen must pass a 3-part open book bar exam that tests the citizen's knowledge of Sconnish Law, judicial structure, and procedure. If you are interested in taking the Sconnish Bar exam, please contact the Lord Chancellor or Prime Minister. In order to be appointed as a judge, magistrate judge, or an officer within the Crown Prosecutor or Crown Defender's office, a citizen must first pass this exam.

The current roll of King's Counsel are as follows:

The Duke of Bergen, CHM, CSP, CGE, KBA
The Duke of Walsingham, GCSP, CKE, KGE, KBA
The Marquess of Avebury, CSP, OGE, KBA
The Viscount York of Hamilton, CSP
The Lord Carlton of Quincet, Bt.
The Lord Paul of Chandernagor, GCGE, KC
The Rt Hon. the Earl of Ravensthorpe, GCGE, KC
Lord Ryen Rasmus, Bt.
Sir Andrew Pollock, CSP, Bt.
Sir Adam Ferguson, Bt.
Sir John Sanders, Bt.
Sir Ritoban Paul, MGE
The Lord Dayton of Calder Valley, KC, CSP

MAGISTRATE JUDGES

Parliament passed the Magistrate Judges Act 2018 allowing for the appointment of Magistrate Judges to serve when needed on the Court of Common Pleas or Court of Lord High Steward. Magistrate Judges may be appointed when a full panel is needed for a case but one or more Associate Judges are conflicted out of a case for some reason or are otherwise unavailable to hear cases. Magistrate Judges must be King's Counsel before their appointment. Magistrate Judges may serve in various other legal positions in the Kingdom such as in the Crown Prosecution or Defender services.

Currently, the following citizens are appointed as Magistrate Judges:

The Lord Paul of Chandernagor, MGE

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THE CROWN PROSECUTION SERVICE

The Crown Prosecution service is an independent agency that can investigate accusations of criminal misconduct in a fair and impartial way. If the Government believes that some criminal misconduct has occurred, it may forward the matter to the Crown Prosecution service for further investigation. Any person may also contact the Crown Prosecution service if they believe laws have been violated, though citizens may also file cases directly with the Court if they wish. The Crown Prosecution Service may also be called upon from time to time to represent the Government in civil proceedings or initiate civil litigation.

The two primary officers of the Crown Prosecution Service are the Attorney General, who leads the office, and the Solicitor General who assists.

The current composition of the office is as follows:

Attorney General: Sir Adam Ferguson, Bt.
Solicitor General: Sir John Sanders, Bt.

THE CROWN DEFENDER SERVICE

The Crown Defender service provides legal representation for anyone who needs counsel who is charged with a criminal offense. Any citizen can have any person represent them in legal proceedings, but this office provides specialized services to individuals who are accused of offenses. The Crown Defender service can also represent people who are involved in civil litigation.

At present, the Crown Defender service has no staff. Please contact the Prime Minister if you are interested in the appointment.