Legislation:SBR/P001-011/Original text

Enactment clause, short and long titles

Be it enacted by the Grand Forum of All Citizens, as follows—

Proposition 001-011, Judiciary Act 2018

An Act to establish Justicial Councils inferior to the Senior Justicial Council and provide for their procedure.

Chapter I: General Provisions

Section A: Judges

1. The Chief Justice may appoint and dismiss a judge by notice to the Rector and the Grand Forum.
2. The Chief Justice is responsible for assigning a judge to an action.

Chapter II: On the Organisation of Councils

Section A: Council of First Instance

1. There is hereby established a Council of First Instance.
2. The Council of First Instance has original and exclusive jurisdiction over all actions in the first instance.

Section B: Advisory opinions

1. The Senior Justicial Council may, on reference, give an advisory opinion as to any question of law.
2. The Senior Justicial Council may dismiss a reference on the grounds that the reference—
   1. does not raise a question of law of general public importance;
   2. raises matters on which the law is already clear;
   3. is excessively vague.
3. No court order may be made in an action proceeding on reference.
4. A lower court may file a reference seeking an opinion on a question or proposition of law on which it seeks instruction for the proper decision of a case.
5. An advisory opinion does not constitute binding judicial precedent, but a lower court must give respectful consideration to any advisory opinion of the Senior Justicial Council.

Section C: Judicial review

1. The right of judicial review is in addition to, and not in derogation of, any other rights that a party has to seek a review, whether by a Justicial Council or by another tribunal, authority or party, of that enactment, decision, conduct or failure.
2. Where a person no longer holds or for whatever reason is not performing the duties of an office amenable to judicial review, a claim for judicial review may be made against—
   1. the person for the time being holding or performing the duties of that office or
   2. if there is no person for the time being performing the duties of that office or that office no longer exists, the Rector, or a personauthorised by them for such purpose.

Section D: Removal from court venues

1. A Justicial Council may order that a person is removed from a venue of the Council if the person is continually disruptive to the proceedings of the court or disrespectful to the dignity of the court.
2. A removal under this section may not be ordered for longer than is necessary.

Section E: Vexatious litigants

1. The Chief Justice may designate an individual a vexatious litigant by notice to the Rector and the relevant individual if that individual has repeatedly attempted to initiate vexatious, frivolous or totally unmeritorious actions.
2. An individual designated a vexatious litigant must not initiate any action without the permission of the court to which at which it is entered.

Chapter IV: On Offences Concerning the Judiciary

Section A: Offences under this Act

1. A person who alleges publicly, to another person or to a public authority that another person is guilty of a criminal offence while knowing the allegation to be false commits an offence.
2. A person who acts so as to obstruct the fair disposition of any court action is guilty of an offence.
3. A person who wilfully asserts as to a matter of fact, opinion, belief or knowledge before a court, such assertion being known by the person to be false, and offered with the intent of misleading the court, commits an offence.
4. A person who—
   1. violates a court order;
   2. breaches an undertaking to the court;
   3. publishes any statement that creates a real risk that the course of justice may be impaired;
   4. disrupts proceedings of the court;
   5. disrespects the dignity of the court;
   commits an offence.