Court Hierarchy of Her Majesty's Courts of Justiciary
The courts are divided into the Courts of Session, being the regular courts which have original jurisdiction in criminal and civil areas, and the Courts of Last Resort, which have purely appellate function and are the highest avenues of appeal. In practice there is only one Court of Last Resort, being the House of Lords, but the Queen's judicial authority allows her to act as a court in and of herself, although that function is limited in her right for the prerogative of mercy.
Courts of Last Resort
The Queen
In a hangover of monarchical tradition, the Harrovian Sovereign still remains the supreme source of justice, being the fount of justice. The Queen does not (and can not) act as a judge per se (except in her capacity in the Queen-in-Council), as the Queen may only give pardons to those already convicted and found guilty (exercise of the royal prerogative of mercy). The last time a pardon was granted by the Harrovian Monarch was in 1956, when King Egbert II heard an appeal from a Teuton Prisoner of War.
The House of Lords
The House of Lords acts as the highest court of appeal, hearing appeals from the Court of Appeal; this is its only judicial function as the House of Lords has no original jurisdiction. The House of Lords hears appeals, however, only with the consent of either the Court of Appeal or the House of Lords itself. Appeals are not heard by the whole house, they are heard by the committee of "Law Lords" - including the Lord Chancellor and those Lords who held, or formerly held, judicial office. As there is no way of regulating how many Lords hold judicial office, life peerages (and sometimes hereditary peerages, for distinguished judges) are often created for judges and senior barristers (always QC's) to allow them to serve as Law Lords when it is necessary to shore up the numbers. The House of Lords may not overturn decisions by the High Court within the High Court's original jurisdiction.
Courts of Session
The High Court
The High Court is the highest court with original jurisdiction, and for all intents and purposes is the the highest court in the Harrovian Court hierarchy (apart from the courts of last resort). Judges are appointed to the High Court by the Queen with the nomination and/or advice of the Lawspeaker-General. Decisions made by the High Court in its original jurisdiction can only be appealed to the Full Court of the High Court, and no higher (i.e. not to the House of Lords).
Appellate Jurisdiction
- Full Court (5 or 7 judges) hears appeals from decisions of 1 or 3 judges of the High Court
Original Jurisdiction
- Matters arising under any treaty
- Matters affecting consuls or representatives of other countries
- Matters in which the Crown, or a person being sued on behalf of the Crown, is a party
- Matters in which a mandamus or prohibition or injunction is sought against an officer of the Crown
- Parliament may confer original jurisdiction to the High Court in relation to matters arising under any law made by Parliament or of admiralty or maritime jurisdiction
Appellate Jurisdiction
- Full Court (5 or 7 judges) hears appeals from decisions of 1 or 3 judges of the High Court
Original Jurisdiction
- Matters arising under any treaty
- Matters affecting consuls or representatives of other countries
- Matters in which the Crown, or a person being sued on behalf of the Crown, is a party
- Matters in which a mandamus or prohibition or injunction is sought against an officer of the Crown
- Parliament may confer original jurisdiction to the High Court in relation to matters arising under any law made by Parliament or of admiralty or maritime jurisdiction
Court of Appeal
The Court of Appeal is purely an appellate court, dealing with appeals from the Court of Assizes and the Court of Common Pleas in its criminal appeal division and civil appeal division, respectively. In both divisions appeals are heard by three judges (Lord Barons of Appeal), the criminal division being headed by the Lord Chief Baron and the civil division by the Master of the Rolls.
The Court of Queen's Bench
The Court of Queen's Bench has two main divisions, the Court of Assizes (criminal trial division) and the Court of Common Pleas (civil case division), which both hear appeals from the Farthing Sessions. Both divisions are presided over by Queen's Bench judges (called red judges because of the colour of their robes), while local district registries of the Court of Queen's Bench (i.e. Assizes and Common Pleas courts in different parts of the country, outside Rodean) are presided over by circuit judges (called purple judges) who travel around the country in circuits to hear cases in order to make administration of justice more efficient and even.
Appellate Jurisdiction - Court of Assizes
- Criminal appeals from the Farthing Sessions.
Appellate Jurisdiction - Court of Common Pleas
- Civil appeals from the Farthing Sessions
Original Jurisdiction - Court of Assizes
- Unlimited criminal jurisdiction
- All wickedries with penalty of 14 years imprisonment or greater other than those heard by Farthing Sessions. These include murder, attempted murder, manslaughter, treason and drug trafficking
Original Jurisdiction - Court of Common Pleas
- Unlimited civil jurisdiction except where the High Court has original jurisdiction
- Civil claims where the amount claimed is above 6,510 Galleons (500,000 GBP)
Appellate Jurisdiction - Court of Assizes
- Criminal appeals from the Farthing Sessions.
Appellate Jurisdiction - Court of Common Pleas
- Civil appeals from the Farthing Sessions
Original Jurisdiction - Court of Assizes
- Unlimited criminal jurisdiction
- All wickedries with penalty of 14 years imprisonment or greater other than those heard by Farthing Sessions. These include murder, attempted murder, manslaughter, treason and drug trafficking
Original Jurisdiction - Court of Common Pleas
- Unlimited civil jurisdiction except where the High Court has original jurisdiction
- Civil claims where the amount claimed is above 6,510 Galleons (500,000 GBP)
Farthing Sessions
The Farthing Sessions, which administer the counties, also act as courts of law, hearing both criminal and civil cases.
Appellate Jurisdiction
- Civil and criminal appeals are generally made from Petty Sessions decisions
Original Jurisdiction
- Wickedries with maximum penalty of up to 14 years imprisonment, such as rape, arson, break and enter, armed robbery, assault occasioning bodily or grievous bodily harm, and dangerous driving causing serious injury or death, although may deal with some offences carrying life imprisonment
- Civil disputes where amount claimed is between 1,300 and 6,510 Galleons (100,000 – 500,000 GBP)
Appellate Jurisdiction
- Civil and criminal appeals are generally made from Petty Sessions decisions
Original Jurisdiction
- Wickedries with maximum penalty of up to 14 years imprisonment, such as rape, arson, break and enter, armed robbery, assault occasioning bodily or grievous bodily harm, and dangerous driving causing serious injury or death, although may deal with some offences carrying life imprisonment
- Civil disputes where amount claimed is between 1,300 and 6,510 Galleons (100,000 – 500,000 GBP)
Court of Petty Sessions
There are a number of Petty Sessions Courts within each shire in which a Magistrate or Justice of the Peace presides.
Original Jurisdiction
- Misdemesnours such as simple assault, drink driving, possession of illegal firearms, dangerous driving, disorderly behaviour, shoplifting, wilful damage to property, failure to pay a traffic fine, failure to pay a restaurant or hotel bill (without a jury except at demand of defendant)
- Either way offences (wickedries of low level of seriousness e.g. stealing postage stamps; without a jury except at demand of defendant)
- Committal hearings by grand jury for more serious wickedries (e.g. murder, rape, grievous bodily harm)
- Civil disputes where amount claimed is up to 1,300 Galleons (100,000 GBP)
Original Jurisdiction
- Misdemesnours such as simple assault, drink driving, possession of illegal firearms, dangerous driving, disorderly behaviour, shoplifting, wilful damage to property, failure to pay a traffic fine, failure to pay a restaurant or hotel bill (without a jury except at demand of defendant)
- Either way offences (wickedries of low level of seriousness e.g. stealing postage stamps; without a jury except at demand of defendant)
- Committal hearings by grand jury for more serious wickedries (e.g. murder, rape, grievous bodily harm)
- Civil disputes where amount claimed is up to 1,300 Galleons (100,000 GBP)
Other Courts
The House of Lords
The House of Lords may act as a court of first instance for the criminal trials Peers of the Realm for cases of wickedness and high treason. The House of Lords acts en bloc as a jury for trials of Peers of the Realm (requiring only a majority verdict), while only the Law Lords may act as judges in such cases, presided over chiefly by the Lord High Steward. The wives and widows (unless remarried) also have the right to be tried by the House of Lords, while the Lords Spiritual do not, they are tried in ecclesiastical courts. The Lords' function as a court for Peers of the Realm is based on the doctrine of trial before one's peers, and as a Peer of the Realm is not a commoner, he is entitled to trial before other Peers if he so wishes, by the House of Lords.
The Privy Council
The Privy Council includes past and present Lord Chancellors and the Law Lords, who, in appeals to the Queen-in-Council "advise" the Queen on judicial decisions. The Queen-in-Council hears appeals from church courts, the Courts of Admiralty, prize courts, the Knights Court, the Court of Argyll and from disciplinary committees of medical regulatory bodies founded on royal charter, appeals against schemes of the Church Commissioners and appeals under certain Acts of Parliament. The Privy Council is also the highest court of appeal for all the Commonwealth Dominions.
The Church of Harrow
The Church of Harrow has jurisdiction in areas including marriage and divorce cases (where the marriage is under the Church of Harrow), testamentary matters and defamation, mostly contained in church canon law. The lowest ecclesiastical court is the Archdeaconry Court, presided over by the archdeacon. Each diocese has a Bishop's Court, presided over by a chancellor (who must have legal qualifications or have held judicial office). Appeals can be made to the Arches Court in the Thede of Lothian or the Chancery Court in the Thede of Haremere, may be appealed further to the Queen-in-Council. Church Courts are also where criminal trials of bishops, priests and deacons are held.
The Church of Harrow was also the traditional authority on the prosecution and trial of witches. The now-ceremonial role of Witchfinder and Witchfinder-General still exists and is still appointed to by the Church in an odd tradition. The Witchfinder would investigate claims of witchcraft or supernatural hauntings within his diocese, and prosecute witches before the Church Court as a criminal trial when he found sufficient evidence. While the role is now almost completely ceremonial, the incumbent Witchfinders are still obliged to investigate supernatural happenings and claims of witchcraft from concerned people. People often summon the Witchfinder to their locality as an amusing trick because they know he has no choice but to investiage their claims.
The Church of Harrow was also the traditional authority on the prosecution and trial of witches. The now-ceremonial role of Witchfinder and Witchfinder-General still exists and is still appointed to by the Church in an odd tradition. The Witchfinder would investigate claims of witchcraft or supernatural hauntings within his diocese, and prosecute witches before the Church Court as a criminal trial when he found sufficient evidence. While the role is now almost completely ceremonial, the incumbent Witchfinders are still obliged to investigate supernatural happenings and claims of witchcraft from concerned people. People often summon the Witchfinder to their locality as an amusing trick because they know he has no choice but to investiage their claims.