| Bailiff of Guernsey | |
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since 11 May 2020 | |
| Style | His Excellency |
| Member of | |
| Appointer | Monarch of the United Kingdom on the advice of the Lieutenant Governor and Lord Chancellor |
| Term length | At His Majesty's Pleasure until retirement age of 65 |
| Formation | 1270 |
| First holder | Hugh de Trubleville |
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The title Bailiff of Guernsey has been used since at least the 13th century and indicated the leading citizen of Guernsey.
The 90th and current Bailiff is Sir Richard McMahon. [1] [2]
A Bailli, the early Norman name for Bailiff was the person who held and preserved the territory for the Duke of Normandy via the Sénéchale de Normandie and their Vicomté des Îles, upholding the laws of Normandy. [3] : 22
Significant change took place following the loss of Normandy in 1204 with King John appointing resident Wardens to defend the islands. John, as Count of Mortain, having himself been made a Warden of the Isles in 1198. [3] : 22
We find that during the 13th century the term Bailli had different meanings however by the 14th century the rights and duties had solidified and become a distinct office from the sub-warden, who became the military commander on the island. [4] : 111 The first Bailiff of Guernsey was Hugh de Trubleville who served from 1270 to 1277.
The duty of the Bailiff was to preside over the Royal Court and direct the twelve Jurats who had the power to render judgement. [4] : 111
In 1617 a Privy Council decision clarified the division of civil and military responsibilities between the Bailiffs and the Lieutenant Governors in Guernsey and Jersey. For the first time the Crown laid down the Bailiff's precedence over the Governor in judicial affairs and in the States chamber.
Until 1813 the position of Bailiff was virtually unpaid, changing when a petition by the then Bailiff, Peter de Havilland was accepted by the Prince Regent. [5]
The Bailiff was required to reside in Guernsey and was appointed by either the King or the Warden of the Channel Islands or Guernsey although it was later normal for the Jurats to elect a Bailiff. [4] : 111 The appointment is now made by the Sovereign by letters patent under the Great Seal, [6] following recommendations.
The duties of the Bailiff were reduced in 2004 to avoid perceived conflicts of interest when acting in a political sense as head of the States of Deliberation with a casting vote in passing laws, followed by sitting in court and ruling on these same laws in a litigation or criminal case. The political duties have now been reduced. [4] : 115 This has led to the island having two main citizens, the President of the Policy and Resources Committee of Guernsey, also known as the “Chief Minister” being the figurehead of the States of Guernsey, the Bailiff remaining head of the Island as regards the law and civic matters.
From the start of the 19th century a Bailiff has always been a Guernsey qualified lawyer, which means qualifying in both English law and then obtaining a Certificat d’Etudes Juridiques Françaises et Normandes from Caen University [7] before being invited to the Bar in Guernsey. More recently the proposed Bailiff now normally serves as H.M. Procureur and/or as Deputy Bailiff before assuming the duty of Bailiff. [4] : 111
The new Bailiff is robed and sworn into the office in front of the Jurats, the Members of the States of Guernsey and Advocates of the Royal Court. The oath is given in French with the oath giver undertaking to fulfil the office by maintaining the laws, liberties and customs of the island, advancing the Glory of God and honouring the Sovereign, as a true and loyal subject. [4] : 112
Since 1853 the Bailiffs’ dress is a silk lined robe of purple, trimmed with ermine. A velvet bonnet of traditional French design is the approved headgear. [4] : 113
The retirement age is set out in the letter of patent, normally the age of 65. [6]
Current duties include:
In the absence of the Bailiff, the Deputy Bailiff will normally fulfil most duties. The office of Deputy Bailiff was created in 1969. [6]
A Judge of the Royal Court may preside over the Royal Court. [4] : 118
A senior Jurat may be appointed a Lieutenant Bailiff to preside over lesser Courts, such as the Contract Court and Liquor Licensing Extension Court. A professional lawyer may also be appointed as a Lieutenant Bailiff. A Lieutenant Bailiff may fulfil additional court duties in an emergency situation. [4] : 117
Politics of the Bailiwick of Guernsey take place in a framework of a parliamentary representative democratic British Crown dependency.
Jersey – the largest of the Channel Islands – has been an island for around 6,000 years. Early inhabitation is evidenced by various neolithic monuments and hoards. In the 10th century, Jersey became part of Normandy. When the Normans conquered England in the 11th century, Jersey remained a part of the Duchy of Normandy, but when Normandy and England were finally split in the 13th century, the Channel Islands remained loyal to the English Crown, splitting Jersey politically from mainland Normandy.
The Bailiwick of Jersey is a British Crown dependency, unitary state and parliamentary representative democracy and constitutional monarchy. The head of the civil administration and judiciary is the Bailiff Timothy Le Cocq, while the Chief Minister Lyndon Farnham is the head of government. The current monarch and head of state is King Charles III.
A bailiff is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offices and duties vary greatly.
The Bailiff is the chief justice in each of the Channel Island bailiwicks of Guernsey and Jersey, also serving as president of the legislature and having ceremonial and executive functions. Each bailiwick has possessed its own bailiff since the islands were divided into two jurisdictions in the 13th century. The bailiffs and deputy bailiffs are appointed by the Crown on the advice of the Secretary of State for Justice and may hold office until retirement age.
The Bailiwick of Guernsey is a self-governing British Crown Dependency off the coast of Normandy, France, comprising several of the Channel Islands. It has a total land area of 78 square kilometres (30 sq mi) and an estimated total population of 67,334.
The Bailiff of Jersey is the civic head of the Bailiwick of Jersey. In this role, he is not the head of government nor the head of state, but the chief justice of Jersey and presiding officer of Jersey's parliament, the States Assembly. The Bailiff is also the President of the Royal Court. It is similar in role to the Bailiff of Guernsey.
Guernsey elects a legislature at the national level. The islands of Alderney and Sark also elect their own parliaments.
The jurats are lay people in Guernsey and Jersey who act as judges of fact rather than law, though they preside over land conveyances and liquor licensing. In Alderney, however, the jurats are judges of both fact and law in both civil and criminal matters.
The States Assembly is the parliament of Jersey, formed of the island's 37 deputies and the Connétable of each of the twelve parishes.
The lieutenant governor of Jersey, properly styled the lieutenant-governor of Jersey, is the representative of the British monarch in the Bailiwick of Jersey, a dependency of the British Crown.
The lieutenant governor of Guernsey is the representative of the British monarch in the Bailiwick of Guernsey, a Crown dependency of the British Crown. The role of the lieutenant governor is to act as the de facto head of state in Guernsey and as liaison between the governments of Guernsey and the United Kingdom. The holder of this office is also ex officio a member of the States of Guernsey but may not vote and, by convention, speaks in the Chamber only on appointment and on departure from post. The duties are primarily diplomatic and ceremonial. He has the authority to appointment two members of the board of governors of Elizabeth College and the Priaulx Library.
The law of Jersey has been influenced by several different legal traditions, in particular Norman customary law, English common law and modern French civil law. The Bailiwick of Jersey is a separate jurisdiction from that of the United Kingdom, and is also distinct from that of the other Channel Islands such as Guernsey, although they do share some historical developments. Jersey's legal system is 'mixed' or 'pluralistic', and sources of law are in French and English languages, although since the 1950s the main working language of the legal system is English.
The States of Election has only one purpose, to elect a new Jurat to the Courts in Guernsey.
The judiciary of Jersey is a branch of the government of Jersey that interprets and applies the laws of Jersey, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The Bailiff of Jersey is the President of the Royal Court. Individual trials are heard by the Bailiff, the Deputy Bailiff or a Commissioner. The Master of the Royal Court deals with some preliminary matters in civil cases. The Court is supported by the Judicial Greffier who acts as the registrar. In addition to the judge, the Royal Court includes a number of volunteer Jurats. The Jurats decide issues of fact in criminal and civil trials, hand down sentences in criminal trials and award damages in civil trials. All judges in Jersey are bound by a code of conduct, introduced in 2007, which requires them to "uphold the integrity and independence of the judiciary and perform their duties with competence, diligence and dedication".
The Courts of Guernsey are responsible for the administration of justice in the Bailiwick of Guernsey, one of the Channel Islands. They apply the law of the Island, which is a mixture of customary law dating back as far as the 10th century and legislation passed by the legislature, the States of Deliberation.
The Law of Guernsey originates in Norman customary law, overlaid with principles taken from English common law and French law, as well as from statute law enacted by the competent legislature(s) – usually, but not always, the States of Guernsey.
Sir Richard Collas was Bailiff of Guernsey.
The Royal Court is the principal and oldest court in Jersey, and exercises both criminal and civil jurisdiction. It can sit in a number of configurations, depending on the type of case and the powers to be exercised.
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