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 so ...

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 thro ...

) authorized to consider whether

prize A prize is an award to be given to a person or a group of people (such as sporting teams and organizations) to recognize and reward their actions and achievements.

s 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 A court is an institution, often a government entity, with the authority to adjudicate legal disputes between parties and administer justice in civil, criminal, and administrative matters in accordance with the rule of law. Courts gene ...

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 court District courts are a category of courts which exists in several nations, some call them "small case court" usually as the lowest level of the hierarchy. These courts generally work under a higher court which exercises control over the lower co ...

s 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 Law of the United Kingdom#Legal jurisdictions, 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. Th ...

, prize jurisdiction is exercised by the

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

, part of the King'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 (England and Wales), Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cour ...

(see Prize Courts Act 1894 and

Senior Courts Act 1981 The Senior Courts Act 1981 (c. 54), originally named the Supreme Court Act 1981, is an act of the Parliament of the United Kingdom. The act prescribes the structure and jurisdictions of the Senior Courts of England and Wales (previously know ...

, 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 August ...

. In

France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...

, 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 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 ( ) is the capital city of the South Holland province of the Netherlands. With a population of over half a million, it is the third-largest city in the Netherlands. Situated on the west coast facing the North Sea, The Hague is the c ...

on October 18, 1907, but this was never ratified or implemented. An important factor in the diminishing importance of prize courts was the adoption of the

navicert The navicert, short for navigation certificate, also known as a "Letter of Assurance", was a form of commercial passport issued to allow ships to pass through blockades without inspection. This was of particular relevance during the British naval b ...

system for managing the British blockades in WWI and WWII.

References

Diplomacy Prize warfare {{Navy-stub