Part I- Preliminary
Section 1- Title and effect
- This Act shall be known as the Justice and Legal Proceedings Act, 2026.
- This Act shall have effect immediately upon the Constitution of the Hokorian State coming into force.
Section 2- Interpretation
- “Court” means the judicial authority of the Hokorian State.
- “Judge” means a person appointed to the Court under the Constitution and the law.
- “Chief Judge” means the Judge designated as Chief Judge.
- “Party” means any person or entity involved in legal proceedings.
- “Legal representative” means a person chosen to represent a party.
- “Authorised official” means a person designated by law to bring a criminal accusation.
- “Civil claim” means a claim brought before the Court.
- “Public register” means the official record of cases, filings and rulings.
- “Minor” means a person under the age of eighteen years.
Part II- Commencement of Proceedings
Section 3- Criminal proceedings
- Criminal proceedings shall begin when an authorised official files an accusation with the Court:
- The filing must identify the defendant,
- The accusation must be clearly stated,
- A summary of evidence must be provided.
- The authorised official shall act as the prosecutor in the case.
- The Court shall notify the defendant and arrange an initial hearing.
Section 4- Civil proceedings
- A civil claim may be filed by any person or entity.
- A claimant must make a reasonable attempt to resolve the matter before filing.
- The Court shall notify the defendant and allow a reasonable time for response.
Section 5- Initial hearings
- The Court shall arrange an initial hearing in criminal matters:
- The defendant shall enter a plea,
- Further proceedings shall be scheduled where necessary.
- The Court may hold preliminary hearings in civil matters to clarify issues.
Part III- Conduct of Proceedings
Section 6- Hearings and procedure
- Hearings shall be conducted by a Judge assigned in accordance with Court procedures.
- A single Judge shall normally hear a case unless otherwise required.
- The Court may issue procedural rules consistent with this Act.
Section 7- Evidence and case management
- Parties shall submit evidence in advance where practicable.
- The Court may:
- Set deadlines for submissions,
- Limit irrelevant or excessive evidence,
- Direct how evidence is presented.
- Evidence obtained unlawfully may be excluded where necessary for fairness.
Section 8- Default decisions
- Where a party fails to respond or attend proceedings:
- The Court may proceed in their absence,
- The Court may issue a default judgement.
- A default judgement may be set aside where there is a reasonable excuse.
Part IV- Determination and Outcomes
Section 9- Criminal determination and sentencing
- The Court shall determine guilt based on the evidence presented.
- Where a person is found guilty the Court may impose a sentence consistent with the law.
- Sentences shall be proportionate to the offence.
Section 10- Civil determination and remedies
- The Court shall determine whether a civil claim is valid.
- The Court may grant remedies including:
- Orders requiring action or restraint,
- Compensation or other relief.
- Remedies shall be fair and proportionate.
Part V- Appeals and Review
Section 11- Appeals procedure
- A party may appeal a decision within a reasonable time.
- An appeal must:
- State the grounds clearly,
- Identify any alleged error or unfairness.
- Appeals shall normally be heard by a different Judge.
Section 12- Powers on appeal
- An appeal authority may:
- Uphold the decision,
- Overturn the decision,
- Modify the decision,
- Order a new hearing.
- Decisions of the Koru shall be final.
Part VI- Administration and Records
Section 13- Court administration
- The Koru shall oversee the administration of Court systems and records.
- The Court may establish filing systems, procedures and requirements.
- All filings shall be made through an official system where provided.
Section 14- Public register
- A public register of cases, filings and rulings shall be maintained.
- Records shall be accessible unless lawfully restricted.
- Personal or sensitive information may be limited where necessary.
Section 15- Closed and sealed proceedings
- The Court may order a hearing to be closed where necessary to protect:
- Privacy,
- Minors or vulnerable persons.
- The Court may seal a case where disclosure would cause serious harm.
- Sealed matters shall not be disclosed except as permitted by law.
Part VII- Integrity and Safeguards
Section 16- Judicial conduct and recusal
- A Judge shall not hear a case where there is a conflict of interest.
- Where a conflict arises another Judge shall be assigned.
Section 17- Protection of participants
- No person shall harass, intimidate or improperly influence any participant in proceedings.
- The Court may issue orders to protect parties, witnesses and victims.
Section 18- Correction of errors
- The Court may correct clerical or administrative errors in its records or rulings.
- Corrections shall not alter the substance of a decision except through appeal.
Part VIII- Offences and Enforcement
Section 19- Offence of contempt of Court
- A person commits contempt of Court where they:
- Intentionally disrupt proceedings,
- Refuse to comply with a lawful order,
- Interfere with the administration of justice.
- Levels of severity:
- Basic offence: minor disruption or non compliance,
- Aggravated offence: serious or repeated conduct.
- Penalties:
- Basic offence shall carry a minimum term of no penalty and a maximum term of 1 month,
- Aggravated offence shall carry a minimum term of 1 month and a maximum term of 3 months.
Section 20- Offence of interference and intimidation
- A person commits an offence where they:
- Harass or intimidate a party, witness or participant,
- Attempt to improperly influence proceedings.
- Levels of severity:
- Basic offence: limited conduct,
- Aggravated offence: serious or harmful conduct.
- Penalties:
- Basic offence shall carry a minimum term of no penalty and a maximum term of 1 month,
- Aggravated offence shall carry a minimum term of 1 month and a maximum term of 3 months.
Section 21- Offence of false evidence
- A person commits an offence where they knowingly provide false or misleading evidence.
- Levels of severity:
- Basic offence: minor falsehood,
- Aggravated offence: serious or outcome affecting deception.
- Penalties:
- Basic offence shall carry a minimum term of no penalty and a maximum term of 1 month,
- Aggravated offence shall carry a minimum term of 1 month and a maximum term of 3 months.
Part IX- Final Provisions
Section 22- Interpretation and application
- This Act shall be applied in a manner that supports fairness, efficiency and access to justice.
- Any doubt shall be resolved in favour of proper administration of justice and protection of participants.
