The Constitution of the
High Court of Britannia

Article I : Introduction

We, the High Council of Britannia, acting under the guidance of the Ruling Council of Britannia, and under the guidance of the people of Britannia, do establish this document as a guideline for the High Court of Britannia.  Its purpose is to establish a court system that is both fair, while at the same time recognizes the potential for extreme corruption.  In an attempt to balance this possibility to overextend and overreach, the Courts will have a system of checks in the form of the Triumverate.

Britannian streets and land can become a perilous place.  Our society has become much more complex, ruled by unaccountable opposing factions, guilds, organizations, and governments.  Disagreements, disputes, and acts against the good members of our society will sometimes necessitate the need for a third party unbiased and not emotionally involved to mediate.  In such instances, it becomes the duty of the courts of the land to hear these cases which society itself is too entwined with to properly determine right and wrong.  Furthermore, often the members of this society are so entwined and closely connected with each other, that it is necessary for a few members to fill roles as unbiased Judges and Lawyers of Britannia.  The High Court is established in the City of Yew, the city of Justice, to administer Justice to those who violate the law, clear the innocent, and settle disputes.

Article II : Judicial Branches

The Judicial System of Britannia shall be composed of two levels, the first (hereafter referred to as the Local Court) being administered by Judges appointed or elected by the towns they serve, and the High Court which shall be administered by the Justicars of Virtue or their adjutants.

Judges must complete the following steps in the application process:

1. An essay detailing the applicant's reason for desiring to become a judge.

2. A brief history of the applicant's life and experience.

3. Knowledgeable of the High Council's laws.

4. Knowledgeable of the processes contained within the Constitution.

5. Shows an understanding and acceptance of Virtue.

6. Applicant must have NO criminal record.

7. Applicant may NOT be an enemy of the state.

8. Applicant may NOT also serve in a non-Judicial position upon the High Council.

Local Courts:  In charge of civil disagreements, lawsuits, and the prosecution of crimes of felony level and below.

1. Judges of the Local Courts will be comprised of Local Judges from the cities represented with Councilors on the High Council or with local governments that are recognized by the High Council.

2. The High Court has the ability to bar local Judges from hearing non-local trials by a two-thirds majority vote of the Triumverate.

3. The Judges of the Local Court may be reviewed by the Justicars of Virtue if questions should arise about their ability to conduct a fair trial.

4. No ruling shall be made by a Local Court that supercedes a previous ruling made by the High Court.

5. If a ruling by a Local Court is deemed unjust by a Justicar of Virtue, he/she may call for a retrial of the case in the High Court.

The High Court:  In charge of trials of High Crimes such as, but not limited to: Political Corruption, Treason, Slavery, Murder of a Public Official or Magistrate, and Unvirtuous laws or acts.

The Justicars of Virtue, or their adjutants, shall administer the High Court.

Officer of the Court:  An officer of the court is any person appointed by a two-thirds vote of the High Justicars, with the task of carrying out duties assigned to them by the High Justicars of Virtue.

Article III : Defense and Prosecution

1. It shall be assumed the accused shall act as their own defense, though they do have the right to appoint a lawful individual of their choosing to defend them.

2. The Prosecution may be a person appointed by the High Council, a Justicar of Virtue, or another party whom has brought charges and wishes to prosecute.

Article IV : Grant of Power to the Britannian Armed Forces for Military Tribunals

1. Any Non-Citizen who is arrested as a prisoner of war or with a charge of committing acts of war against Britannia may be charged in a Military Tribunal.

2. Any member of the Britannian Armed Forces charged with committing a crime within the Military may be charged and tried in a Military Tribunal.

3. The decision to allow a Military Tribunal to convene shall be a a joint vote consisting of both a two-thirds majority vote by the Justicar's Triumverate and a Yea vote by the Grand Marshall.

4. In the event there is a disagreement as to the jurisdiction of such trial between the Courts and Military, the matter will be decided by the Chancellor of Virtue.

Article V : Due Process

1. Warrants to Pre-Trial Incarceration

   1. Issuing:  Warrants can be issued by the High Court or persons appointed by the High Justicar.  The Field ranks are empowered to also issue warrants.  Persons observed by a BAF member committing a crime maybe arrested on the spot without a warrant.  Such arrests are subject to review by the High Justicar.  The High Council may call for a warrant as through the High Court.  Local Government officials may also do so through their local Judges or the Justicar's Office.

   2. Warrants:  A warrant must contain the name of the accused, the charge or charges that they are sought for, the date the warrant is issued, and which court is seeking them.  The name of the party filing charges may be withheld to protect them from retaliation.  The Court cannot add to the charges after arrest.  If, however, the individual confesses to more than charged with, he/she can be tried for the crimes confessed to.  Multiple warrants may be enacted at any one time.  Charges may be grouped together on one warrant if from the same incident.  Warrants must be posted in a visible place.

   3. Time Limits:  Warrants must be issued as soon as possible, at first confirmed knowledge of a crime, preferably within 72 hours, and posted in a highly visible place.

   4. Collection of Evidence: Evidence is any item directly connected to the incident, an eyewitness to the crime, possibly a long-time friend or guildmate.  Depositions from witnesses should be taken at the time of the crime if at all possible, or they should be directed toward the Justicar's office to set up a time to do so as soon as possible.  Lack of evidence or witnesses can devastate a case.

   5. Arrest:  Arrests should be peaceable, with violence to be avoided at all costs.  If a criminal is apprehended, and dies in the process, resurrect them for transport, allow them to gather their belongings, and proceed.  The arresting party must identify themselves as an Officer of the Court, the charges they are arresting the criminal for, and which court issued the warrant.  If the process of arrest results in additional charges, such as resisting arrest, fleeing an Officer of the Court, or such, those should be brought immediately to the attention of the Court.  These must be issued on a new warrant.  Failure to follow these simple measures can result in cases being thrown out for failure to follow due process.

   6. Pre-Trial Incarceration:  Criminals will be taken to the first available cell for lesser crimes.  These may be outposts of the Britannian Armed Forces.  Individuals whose warrants are for High Crimes will be transported to Yew Prison.  In the event that this is not possible, they are to be taken to their local cell, then transported at the earliest opportunity.  If prisoners are not deemed a flight risk, or immediate danger to society, they may be bound to the Court with a bracelet of binding, and released pending their trial.  Prisoners shall be fed, at the minimum, two meals per day, and a decent serving of at least minimal rations of Bread and Water.  Jailors have the right to keep prisoners they deem a risk of flight in shackles for the duration of their stay.  At no time shall a prisoner be threatened or beaten while in the care of the Court and Jailor.  If an incident occurs where either a prisoner is injured or a guard is assaulted, this must be documented and reported to the Court and Superior Officers.  An investigation is expected to be conducted.

2. Court Protocol and Proceedings

   1. Local Courts shall be staffed by local city judges.  High Court cases shall be heard by a Justicar or their adjutant.  Extreme cases (such as, but not limited to, Treason) may be heard by the Triumverate.  If two or more judges are not available on a given date, the trial will be rescheduled.

   2. Time Limits:  Arraignment should be within one (1) week of arrest, with the trial date to be set no later than two (2) weeks after arraignment, and at the earliest possible convenience of the parties involved.  If the selected judge is not available during that two week period, then another shall be selected.

   3. Preliminary Hearings:  Preliminary hearings are to be held before the main trial.  A hearing of this sort is designed to: Determine if there is enough evidence to bind the party over for trial; Determine if the prisoner is fit to stand trial (see criteria for Pleas for Mentally Unfit); To clearly indicate for the records what charges are being sought by the realm; To establish a date for Trial if that is the direction determined, or other course of action.
      Plea Possibilities:
      Not Guilty:  In effect, the defendant or representative for the defendant is entering a statement that the defendant has done nothing to violate the law or committed the act in question.
      Guilty:  The defendant or their council is stating that they freely admit without force or coercion that they did commit these acts or crimes.
      Mentally Unfit:  This plea can be entered on behalf of the defendant if they are able to meet the following criteria:

      1. The individual is not oriented (able to recognize) where he/she is, the date, time, their name, family names; those things engrained in us since childhood.

      2. The individual must be too dimwitted to comprehend right or wrong.

      3. The individual has received an injury to the head preventing their ability to understand what is happening or has happened.

      4. Mentally Unfit (Insane) is a fair defense if at the time of commission of the acts constituting the offense, the defendant, as a result of severe mental disease, defect, or deficiency, was unable to appreciate the nature and wrongfulness of his/her acts.

      5. Such a plea is not necessarily going to result in acquittal.  A person may be unfit, and still be found guilty of committing a crime.  It may possibly change the severity of the punishment, the time of trial, or result in acquittal.

   4. Pre-Trial Proceedings:

      1. All concerned parties shall meet at the appointed court.

      2. The Judge shall be seated facing the Court, the Plaintiff and Defendant in the areas allotted.

      3. A court Bailiff (if available) shall be posted in the actual area of the Judge and other parties.

      4. All wishing to witness the trial shall be seated in the Gallery.

      5. A Bailiff (if available) will be posted at the exit to the courtroom.

      6. All participants shall rise as the Judge enters the courtroom.

      7. Members of the Herald (reporters) shall be allowed within the court area.

   5. Trial Proceedings:

      1. The Judge shall call the Court to order.

      2. All participants may be seated as the Judge is seated.

      3. The accused shall act as their own defense, unless they arrange for someone else to represent them, as long as this individual is of lawful standing in the realm.

      4. The Prosecution, assuming the realm wishes this act(s) to be addressed, may be a person appointed by the High Council, a Justicar of Virtue, or another party bringing charges wishing to do so.

      5. Calls for a plea of Guilty, Not Guilty, or Mentally Unfit, if applicable from the Defense.  Such a plea may not be applicable in a Civil Case.

      6. The Prosecution presents its side:

         1. The Prosecution must present all evidence and information it has acquired.

         2. The Prosecution may call witnesses, including the person(s) on trial.

         3. The Prosecution may present a history, biography, or profile of the person(s) on trial as the person(s) character may be evidence of crimes or unvirtuous acts committed.

         4. The Prosecution may make a final statement.

      7. The Judge calls the Defense to present its case:

         1. The Defense must present all evidence and information acquired.

         2. The Defense may call witnesses, including the accuser(s) of the person(s) on trial.

         3. The Defense may present a history, biography, or profile of the accuser(s), as it may present evidence of bias against the defendant.

         4. The Defense may make a final statement.

      8. The Judge shall retire to his/her office for a minimum of five minutes to contemplate the case.  Further, he/she may call for a recess for a period of up to two days to determine the outcome.

      9. The Judge shall render a judgement once a decision has been reached.

   6. Outcomes:

      1. All participants being charged with a crime should be aware there is no guarantee of guilt or innocence, and be prepared to deal with the consequences either way.  All charged individuals will be asked if they prefer a combat or non-combat related ordeal prior to trail, as well as their ability to make financial restitution.  This does not mean they are guilty; this simply means the court will know how to proceed if they are found guilty.  If the accused is found innocent, there is no need for alternatives.

      2. Not Guilty.  You are free to go if found "not guilty," and may leave at the end of the trial.

      3. Guilty.  Criminals, in the event they are guilty, may express a preference for punishment, ordeal by combat, or other.  Methods of punishment deemed viable by the Judge can be incorporated where appropriate.

      4. Mentally Unfit.  Individuals found to be in this category could be held until fit to stand trail, committed to an asylum for treatment until able to stand trial, or until dead if applicable, found guilty and have punishments reduced, or be acquitted.

   7. Punishments (Restitution or Remedy):

      1. Combat Ordeals:  If this option is selected, the guilty party will be subjected to an ordeal by combat, with a representative of the Court's choosing.  This battle will be carefully balanced between opponents to the highest degree possibe.  Public lashings or flogging would be in this category.

      2. Other Ordeals:  If this option is selected, the guilty party will be assigned a quest, based on a level achievable with their skills.  This quest or task shall be appropriate to the crime.

      3. Fines:  The Court may impose a fine to be paid in gold pieces to restore the injured party in a robbery, fraudulent activity, or wrongful death.  Fines may also be imposed in civil matters.  These monies shall be held by the High Justicars' office to be used by the High Council for the support of Civic activities.  Fines should be based on realistic money value of the time period.

      4. Death Sentence:  If the party were sentenced to death by burning or electrocution, this shall be administered by a mage, and the use of a flamestrike or lightening bolt respectively (as an example; others exist such as gladiator types, caning by Shepard's crook, et cetera).  The guilty party shall not retaliate or defend.  The guilty party will be resurrected and allowed to gather their belongings.  If the party were sentenced to any other form of death, the combat style shall be the quickest possible.  The guilty party shall not retaliate or defend.  The guilty party shall be resurrected and allowed to gather their belongings.  These shall be public executions.

   8. Closing a Trial:

      1. The Judge shall then announce punishment or payment required of the Defendant if proven guilty.

      2. The Judge shall make a public announcement regarding the result of the trial, or appoint a member of the Judicial Law Committee to do so.

   9. Appeal:

      1. The result of a Local trial may be overturned and retried by a Justicar of Virtue if he or she deems it necessary.

      2. The result of a trial held in the High Court may be appealed by a two-thirds vote of the Justicars Triumverate.

Article VI : Requirement of Office

1. This is defined in Article 14 of the High Council Charter/Constitution.

2. In addition, the High Justicars are required to update the Council of Court activities.

3. Attendance of High Council meetings is a must, and those requirements are the same as for Councilors.

4. Opinion MUST be clearly stated as such; hence there is no confusion between a Justicar's personal views or feelings and the law.

5. Justicars must make themselves available in their office as well as by pigeon or parrot or whatever messenger is available to them.

6. Justicars are required NO specific attire except during a Trial.  At which time a Bright Blue robe and any shoe is required.  No hats or cloaks.  This is merely to set the Justicar off from the public.

7. Justicars may belong to any guild or none at all.

Article VII : Term Length

Justicars are currently elected for "life," or until they wish to leave the court, or are removed due to investigation or resignation.

Article VIII : Amendments

1. The Judicial body created this document, and can and may make amendments to it in the future, should such a need arise.  Three forms of amendments are possible under this constitution: an amend of the original text, an addition to the original text, and the addition of felonies and misdemeanors deemed illegal by the Court or by the High Council.

2. An amendment to the original text requires a two-thirds majority vote by the Triumverate.

3. An addition or removal of a felony or misdemeanor to the Illegal Acts list can be added to the constitution by a simple majority vote of the High Council.

Ratification

This constitution was ratified by the High Justicar Triumverate consisting of Justicars Lifestar, Tanda, and Silthanis, and by a vote of the High Council (details to follow).