The Times history of the war (1914) (14762199554)

A prize court is a court (or even a single individual, such as an

ambassador An ambassador is an official envoy, especially a high-ranking diplomat who represents a state and is usually accredited to another sovereign state or to an international organization as the resident representative of their own government or s ...

consul Consul (abbrev. ''cos.''; Latin plural ''consules'') was the title of one of the two chief magistrates of the Roman Republic, and subsequently also an important title under the Roman Empire. The title was used in other European city-states throu ...

) authorized to consider whether prizes have been lawfully captured, typically whether a ship has been lawfully captured or seized in time of war or under the terms of the seizing ship's letters of marque and reprisal. A prize court may order the sale or destruction of the seized ship, and the distribution of any proceeds to the captain and crew of the seizing ship. A prize court may also order the return of a seized ship to its owners if the seizure was unlawful, such as if seized from a country which had proclaimed its neutrality.

History/jurisdiction in various countries

Prize courts were common in the 17th through 19th centuries, during times of American or European naval warfare. The United States in 1780 established the Federal Court of Appeals in Cases of Capture to hear appeals of prize cases from state prize courts; this court was ended in 1787, after conclusion of the war. Under current U.S. law, pursuant to , the district courts have exclusive jurisdiction in prize cases. Due to changes in the nature of naval warfare, no prize cases have been heard since the statutes were adopted in 1956. In

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...

, prize jurisdiction is exercised by the

Admiralty Court Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries, and offences. Admiralty courts in the United Kingdom England and Wales Scotland The Scottish court's earliest ...

, part of the Queen's Bench Division of the

High Court of Justice The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC ( Engl ...

(see Prize Courts Act 1894 and Senior Courts Act 1981, ss. 20(1)(d), 27 and 62(2)), and by way of appeal to the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Aug ...

. In

France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...

, the prize council () has jurisdiction to determine the issue of the prize. Since 2007, piracy has been transferred to criminal courts. The council's jurisdiction is reduced to war time. The way of appeal is open to the

President of the French Republic The president of France, officially the president of the French Republic (french: Président de la République française), is the executive head of state of France, and the commander-in-chief of the French Armed Forces. As the presidency is ...

acting as judge. The International Prize Court was an international court proposed at the beginning of the 20th century, to hear prize cases. An international agreement, the ''Convention Relative to the Creation of an International Prize Court'', was established at

The Hague The Hague ( ; nl, Den Haag or ) is a city and municipality of the Netherlands, situated on the west coast facing the North Sea. The Hague is the country's administrative centre and its seat of government, and while the official capital o ...

on October 18, 1907, but this was never ratified or implemented.

References

Diplomacy Prize warfare {{Navy-stub