- The Seastead Court’s authority derives from two sources: the Captain’s authority under Flag and Maritime Law as Master; and the Captain’s authority to resolve disputes and decide matters under the Seastead Charter.
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The Seastead Court does not replace or limit the Captain’s legal responsibility as Master to preserve safety, seaworthiness and good order. It exists as an alternative where in his opinion summary or emergency action is not required. The Captain has discretion to act in a summary manner where in his opinion, it is necessary to do so. At other times, he is required as a condition of his appointment to act wherever possible through the Seastead Court.
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The Seastead Court decides matters brought before it by the Master at Arms according to law and justice. Disputes under the Charter may be brought by any member of the Seastead corporation.
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The Seastead Court is comprised of the Captain assisted by off-board Counsel (who is not a member of the Legal Review Panel) on matters of procedure and law. The Court relies on a jury of Residents to make determinations of fact. The Ship AI supervised by the Captain’s Clerk records and transcribes Seastead Court proceedings, creating and preserving the official record of proceedings.
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Questions of fact in Seastead Court are unanimously decided by a jury of five members drawn at random as required from a panel of twenty potential jurors drawn each month in advance by the Ship’s AI from the body of Residents. Potential jurors may apply to the Court to be excused for good reason. Potential jurors are subject to challenge by Counsel. A person who serves on a jury thereby fulfils their community obligation on a time served basis.
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Any person appearing before the Court is entitled to off-board Counsel provided by the Seastead or of their own selection and all the normal protections of the law.
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Where the matter before it involves allegations of offences against the law of the Flag Nation or the Law of the Sea, the Seastead Court decides whether there is a probable case to answer, sufficient to warrant the transfer of a person off-board into custody of an appropriate law enforcement authority. A decision to transfer off-board based on a finding of probable case to answer is not subject to appeal, as it is resolved in due course by the off-board legal process. A person deported to answer external legal charges is suspended from duties until discharged or finally convicted. A person who is discharged may return to the Seastead and resume duties without loss of benefits or continuity.
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Where the matter before it is brought under the Seastead Charter, the Seastead Court has original jurisdiction.
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The Seastead Court may acquit, convict, discharge, and / or sentence persons appearing before it according to the Seastead Charter, and the interests of justice. Penalties may include fines, loss of privileges, confinement and deportation, as prescribed by the Seastead Charter. The Seastead Court may, with the agreement of the person concerned, bind a person to be of good behaviour and prescribe conditions, with or without conviction.
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The penalties applied under a decision of the Seastead Court may be avoided if the convicted person elects to renounce the Charter and accept deportation with prejudice at the Captain’s early convenience. Someone who is deported after renouncing the Charter or under sentence of the Seastead Court (as opposed to one who is deported on probable cause to answer off-board charges) may not return to the Seastead except with the permission of the Senate and Captain.
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- Seastead Court decisions are subject to appeal to the off-board Legal Review Panel. Questions as to interpretation and construction of the Seastead Charter are reviewed “de novo” but the LRP sets aside a finding of fact only if such finding was clearly erroneous.
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The Chair of the Legal Review Panel and his Associates are appointed by the Foundation subject to the confidence of the Senate. Appointments to the Legal Review Panel are for a fixed period of five years, which may not be extended or renewed. Appointees are subject to recall only by a super-majority of the Senate confirmed within 30 days by a super-majority of the Foundation.
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The Legal Review Panel is chaired by a retired Justice or Judge from the jurisdiction of the Flag Nation. The Chair is aided and advised by two experienced associates admitted to practice in the Flag jurisdiction. Decisions of the LRC are by simple majority. The basis for review is a certified copy of the Seastead Court’s judgement, the transcript and any exhibits.
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Subject to the Seastead Charter, the LRC may act in any manner it determines to be appropriate to a court of review, confirming or reversing the Seastead Court’s judgement and sentence. It may remand cases back to Seastead Court for further adjudication subject to whatever orders and conditions it may see fit. Decisions of the LRC are binding precedent on the Seastead Court and have no further avenue of appeal.
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