Legal Advice

The information and opinions within this website are for information purposes only. They are not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances.

To make a filing to the Department of Justice, you must use this form. If you are not in direct contact with a member of staff at the Department of Justice, you will then be contacted for you to submit your full filing.

GENERAL NOTES

If you are ever in doubt as to legal matters, you are free to contact the Department of Justice.
There are no restrictions on who may submit a report to the Department of Justice. However, not all cases will be considered if the Mcarthian Judiciary has no jurisdiction. If you are in doubt, you are recommended to seek legal advice.
Mcarthian law is strictly enforced. You are recommended to familiarise yourself with offences under Mcarthian law to avoid being subject to legal action.
If you are in need of legal counsel, please contact the Department of Justice who maintains a list of available attorneys.
If you are unhappy with any aspects of your experience with the judicial system, you may submit a formal complaint to the Secretary of State for Justice. Complaints must be submitted in writing (preferably by way of FORM 7-B), and be clearly and unambiguously presented as complaints. The First Minister, the Supreme Justice, and Parliament will all be informed of your complaint. If, after a period of fourteen days, a resolution cannot be reached, complaints may be passed to a higher authority for resolution. If you submit a genuine complaint, you enjoy the right
- to remain anonymous
- to remain free from prosecution as a result of the submission of your complaint
- to have your complaint dealt with as specified by statute
- to be informed of the status of your complaint
- to be provided with a full explanation by a senior judicial staff member if your complaint cannot be resolved
- to pursue judicial remedies at any time
- to an effective remedy for violation of these rights.

YOUR RIGHTS

In the judiciary, you have the right

to equality before the law
to not be punished without legal basis
to a fair, quick, and efficient trial.

When in court, you have the right

to a hearing in accordance with the law
to hear any charges against you and the grounds for them
to see all evidence against you, if requested.

When detained, you have the right

to independent legal advice free of charge
to contact family members or friends at reasonable intervals, and immediately after being detained or a decision is made on your detention
to view procedural rules and rights that apply to your treatment
to equal treatment
to know how long you can legally be detained for
to be informed of the reason for your detention
to be informed what stage your case is at.

MAKE A CRIMINAL REPORT

If you have been the victim of a crime, or have witnessed one, you are asked to submit a report to the Department of Justice here. Your report may be passed to other government departments and agencies, including, but not limited to the National Police Service, the National Investigations Office, and the Mcarthian Intelligence Service.

You may be contacted later for more information.

FILE A CIVIL COMPLAINT

If you have suffered damages, or have been the victim of a civil offence, you may file a civil complaint here. It is highly recommended, but not required, that you seek legal counsel before pursuing a lawsuit in Mcarthia. Following the filing of a civil complaint, the Department of Justice will advise you as to the correct procedure.

HAVE YOU BEEN ACCUSED OF A CRIME?

If you have been accused of a crime in Mcarthia, you must seek legal counsel. You are required to be represented in court, and a lawyer will also be able to advise you on Mcarthian legal procedure and your rights.

If you are accused of a crime, you may be arrested. this prevents you from taking part in Mcarthian affairs, and prevents you from renouncing your citizenship. You may not be detained any longer than is necessary.

If your case is to be pursued, an indictment will be published by the Office of the Public Prosecutor. From that time, you have seven days to inform the Department of Justice if you intend to send representation to court. Opting not to send representation to court does not automatically result in a guilty verdict, but if you wish to plead guilty, you should still send representation. Following this stage, you will be advised as to the date and time of the trial.

ARE YOU INVOLVED IN LEGAL MATTERS IN ANOTHER STATE? DO YOU REQUIRE SUPPORT?

The Department for Justice and the Department of Foreign Affair can provide assistance to any citizen involved in criminal or civil proceedings in another micronational state, and you are advised to contact the government if you are in such a situation. Diplomatic communications will be opened with other states to ensure fair judicial proceedings.

The government of Mcarthia strongly advises its citizens to act in accordance with the law of any micronation they are a citizen of, or are in. The government of Mcarthia will not ordinarily attempt to excuse its citizens from legal proceedings in other states, unless there is evidence of breaches of judicial standards.

The government of Mcarthia cannot offer assistance in any macronational legal matters.

INTERNATIONAL LITIGATION

International and intermacronational litigation is an extremely complex and often controversial area. The government of the Republic of Mcarthia cannot assist with macronational civil actions, but the Department of Justice may be able to offer advice with certain intermicronational civil actions. Please contact the Department of Justice for further information.

APPEALS

Any court decision may be appealed. Parties wishing to appeal must make a motion to appeal through court channels.

CASES IN REM

If you wish to submit a case regarding

interpretation of legislation or the constitution
the validity of a decision or decision making process of a public agency
practises of a public agency
ownership of property
or any other similar subject

you should file a petition for action calling for a case in rem. A case in rem is not a lawsuit - it is a legal case regarding a 'thing.' Cases in rem are complex legal affairs, and you should always contact the Department of Justice and/or an attorney before pursuing one.

WHISTLEBLOWING

The General Judicial Act of 2017 protects whistle blowers from prosecution for unlicensed disclosure, and it is government policy to support and protect all those acting to make illegal or improper conduct known. If you wish to whistle blow, please take note of the following advice:

Seek legal advice immediately. You could end up in legal trouble, and having a qualified attorney is essential.
Document all your findings, and keep the evidence secure.
Consider reaching out to micronational news outlets. Getting news coverage will increase the legitimacy of your findings.
Share your findings with as few other people as possible before going public. You put yourself and your findings in danger if you inform too many others - you don't know else may get to hear about your actions.
Be aware that when you go public with your findings, you will be under close scrutiny. Therefore, you must act with a great deal of cautious throughout to whistleblowing process to avoid having your findings being called into question.
Do not act illegally, either in Mcarthia or elsewhere. While you are protected for unlicensed disclosure in Mcarthia, you may not be protected for other offences, and many micronations have no protection in place at all for whistle blowers.