Judiciary of Jersey

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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 (and also of the Court of Appeal). Individual trials are heard by the Bailiff, the Deputy Bailiff (also a full-time role) 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. [1] In addition to the judge, the Royal Court includes a number of volunteer Jurats. [2] The Jurats decide issues of fact in criminal and civil trials (except criminal assizes, when a jury is present), hand down sentences in criminal trials and award damages in civil trials. [3] All judges in Jersey are bound by a code of conduct, introduced in 2007, [4] which requires them to "uphold the integrity and independence of the judiciary and perform their duties with competence, diligence and dedication". [4] : para. 1 

Contents

Appointment and removal

Crown Officers

The Bailiff and Deputy Bailiff are appointed by the King, on the advice of the UK Secretary of State for Justice. Vacancies for the Deputy Bailiff, Attorney General and Solicitor General are usually advertised and a shortlist of candidates is prepared by a selection panel comprising the Bailiff, the senior Jurat and the chairperson of the Jersey Appointments Commission. The selection panel interviews the candidates after consulting the Jurats, the States Consultative Panel (which includes the Chief Minister), some elected States members, senior lawyers (the Bâtonnier, the President of the Law Society, the former President of the Law Society of Jersey and the President of the Chambre des Ecrivains), the other Crown Officers and the local Commissioner of the Royal Court. The Lieutenant Governor then sends a single name to the Secretary of State for Justice. [5] : pp.5–15  This process is not used for appointing the Bailiff because the Deputy Bailiff is seen to be training for the office of Bailiff. [5] : p.14  The Bailiff, Deputy Bailiff and members of the Jersey Court of Appeal 'hold office during good behaviour'. [6] The Secretary of State for Justice can dismiss a Jersey judge without consulting the States of Jersey, unlike senior judges in England and Wales whose dismissal requires the consent of both Houses of Parliament. [7] [8] In 1992, when Deputy Bailiff Vernon Tomes was dismissed by the Home Secretary (who at the time was responsible for Crown Dependencies) because he was slow to present written judgments. [9] [10]

Commissioners

The Bailiff and Jurats outside the Royal Court in 2009 Juges Jour d'la Libethation 2009 a.jpg
The Bailiff and Jurats outside the Royal Court in 2009

Commissioners of the Royal Court are part-time judges, appointed by the Bailiff from either Commonwealth judges or senior experienced lawyers from the United Kingdom and Islands, either for defined periods of time or for specific cases. [2] : Part II 

Jurats

Jurats are unpaid lay people, aged 40 or more, elected through secret ballot by an electoral college of the Bailiff, the existing Jurats, the Connétables, the elected Members of the States, and advocates and solicitors of the Royal Court. [2] : Article 4  Jurats hold office until the age of 72. The Court can call for the resignation of any Jurat who "is permanently unable to carry out the duties of the office", and if the Jurat refuses to resign, the Bailiff and five or more Jurats of the Royal Court can request an Order of Her Majesty in Council to enforce resignation. [2] : Article 9 

Magistrates

The Bailiff also appoints, on the advice of a panel, [5] : pp.17–18  a full-time salaried Magistrate and Assistant Magistrate and part-time locum Relief Magistrates. [11] The Magistrates can only be dismissed by an Order of Her Majesty in Council. [11] : Article 2(3)  In June 2008, a Magistrate-Designate, Ian Christmas, did not take up his post because he was being investigated for alleged fraud, [12] [13] [14] which resulted in a conviction and a fifteen-month prison term. [15] Subsequently, the Bailiff's Office asked the Ministry of Justice to arrange a disciplinary investigation because Ian Christmas could not be removed from office by the Bailiff. [16] [17]

Judicial independence

Dual role of the Bailiff

The courts of Jersey are required by the European Convention on Human Rights to be independent and impartial. [18] In 2000, the European Court of Human Rights ruled that there was a breach of the Convention in neighbouring Guernsey where the Bailiff or Deputy Bailiff sat as President of the States of Guernsey when legislation was being debated and subsequently presided in the Royal Court of Guernsey in a case where that legislation was relevant. [19] Although there was no suggestion that the Bailiff was subjectively biased, the mere fact that this happened could cast doubt on the Bailiff's impartiality. A Bailiff or Deputy Bailiff in Jersey could avoid such a situation by not sitting in Royal Court cases concerned with legislation that was debated when he presided in the States, but there were suggestions that reform might be needed. [5] : pp.46–47 

Carswell report

During 2009–2010, the States of Jersey commissioned an inquiry, chaired by Lord Carswell, into the roles of Jersey's Crown Officers i.e. the Bailiff, Deputy Bailiff, Attorney General and Solicitor General. [20] The subsequent report recommended reforms to the States of Jersey, including suggesting that the Bailiff should no longer be the President of the States, [20] : para. 5.16  something the States did not endorse. [21]

Criticism

In recent years, a former States member, Stuart Syvret, has argued that the Jersey judiciary do not appear impartial and independent. In July 2008, Syvret and UK Liberal Democrat MP John Hemming sought a judicial review of what they saw as Jack Straw's failure to ensure that Jersey authorities protected child abuse victims. [22] [23] [24] [25] [26] [27] [28] [29] In March 2009, the Administrative Court refused permission for the case to proceed to a full hearing. [30] [31] [32] In 2010, Syvret commenced an unsuccessful civil action in the Royal Court against the Chief Minister, the States Employment Board and the Attorney General of Jersey. [33] [34] [35] His arguments relating to lack of independence and impartiality because judges are appointed by the Bailiff and judges have attend social events with the Bailiff, were rejected by the Royal Court and Court of Appeal in Jersey several times between 2009 and 2011. [36] [37] [38] [39] [40] [41]

See also

Related Research Articles

<span class="mw-page-title-main">History of Jersey</span>

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.

<span class="mw-page-title-main">Politics of Jersey</span>

The Bailiwick of Jersey is a British Crown dependency, unitary state and parliamentary representative democracy and constitutional monarchy. Since 2005, Jersey has a system of ministerial government, with a Chief Minister and Council of Ministers appointed from among the 49 elected members of the States Assembly. The Bailiff is chief judge, President of the States Assembly, and civic head. The current monarch and head of state is King Charles III.

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.

<span class="mw-page-title-main">Bailiff of Guernsey</span> Head of the government of Guernsey

The title Bailiff of Guernsey has been used since at least the 13th century and indicated the leading citizen of Guernsey.

<span class="mw-page-title-main">Bailiff of Jersey</span> Civic head of the Bailiwick of Jersey

The Bailiff of Jersey has several roles:

<span class="mw-page-title-main">Elections in Jersey</span>

Elections in Jersey take place for the States Assembly and at parish-level. Various parties have been formed over the years in Jersey, but few candidates stand for election affiliated to any political party. All elections in Jersey use the first-past-the-post voting system. In 2008, the voting age was reduced to 16 years.

<span class="mw-page-title-main">Political parties in Jersey</span>

Although the politics of Jersey has been largely based on independent parliamentary representatives, from time to time the island has had political parties. There are currently 3 active political parties in the island.

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.

<span class="mw-page-title-main">Philip Bailhache</span> Jersey politician and lawyer (born 1946)

Sir Philip Martin Bailhache KC is a Jersey politician and lawyer.

<span class="mw-page-title-main">Parishes of Jersey</span> First-level administrative divisions of the Bailiwick of Jersey

The parishes of Jersey are the civil and religious administrative districts of Jersey in the Channel Islands. There are twelve in total; all have access to the sea and share a name with their ancient parish churches.

<span class="mw-page-title-main">States Assembly</span> Parliament of Jersey, a British Crown Dependency

The States Assembly is the parliament of Jersey, formed of the island's 37 deputies and the Connétable of each of the twelve parishes.

<span class="mw-page-title-main">Stuart Syvret</span> Jersey politician

Stuart Syvret is a former Jersey politician. He held elected office as a member of the States Assembly from 1990 to 2010. From 1999 to 2007, Svyret had executive responsibilities first as president of the Health and Social Services Committee and, after the 2005 constitutional reforms, as Minister for Health and Social Services in the Council of Ministers. He was dismissed from ministerial office in September 2007 and returned to the backbenches until he was disqualified from membership of the States in April 2010 due to his absence from the island. He has been involved in a series of legal proceedings, as a defendant in a criminal prosecution in Jersey and as a claimant in judicial review and civil claims in Jersey and London.

<span class="mw-page-title-main">Viscount of Jersey</span> Chief executive officer of the Royal Court of Jersey

The Viscount of Jersey has, since the 14th century, been the chief executive officer of the Royal Court of Jersey. Since 1930, court services have been provided by the Viscount's Department in conjunction with the Judicial Greffe. Until 1973 the Viscount was appointed by the Crown; since 1973 Viscounts have been appointed by the Bailiff of Jersey.

<span class="mw-page-title-main">Law of Jersey</span>

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.

<span class="mw-page-title-main">Courts of Jersey</span>

The Courts of Jersey are responsible for the administration of justice in the Bailiwick of Jersey, one of the Channel Islands. They apply the law of the Island, which is a mixture of customary law and legislation passed by the legislature, the States Assembly.

<span class="mw-page-title-main">Courts of Guernsey</span> Court system of Guernsey

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.

<span class="mw-page-title-main">Constitution of Jersey</span> Principles of political governance of the Bailiwick of Jersey

The Bailiwick of Jersey has an unwritten constitution arising from the Treaty of Paris (1259). When Henry III and the King of France came to terms over the Duchy of Normandy, the Norman mainland the suzerainty of the King of France. The Channel Islands however remained loyal to the British crown due to the loyalties of its Seigneurs. But they were never absorbed into the Kingdom of England by any Act of Union and exist as "peculiars of the Crown".

<span class="mw-page-title-main">Royal Court (Jersey)</span> Principal court of the Bailiwick of Jersey

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.

<span class="mw-page-title-main">Corn Riots</span> 1769 riots in Jersey

The Corn Riots, also known as the Jersey Revolution, was a revolt which took place in Jersey on 28 September 1769. In an example of direct action against government oppression, under the government of Lieutenant Bailiff Charles Lemprière, hundreds of Jerseymen marched from the north of the island to the south and occupied the Royal Court. The revolt is a significant point in Jersey political history, as the powers of legislation were removed from the Royal Court and placed in the States Assembly.

References

  1. ↑ "The Royal Court". Jersey Courts. Archived from the original on 2013-12-23. Retrieved 23 December 2013.
  2. 1 2 3 4 "Royal Court (Jersey) Law 1948". Jersey Legal Information Board . 11 January 2024. Retrieved 23 December 2013.
  3. ↑ "Jurats". Jersey Courts. Archived from the original on 2013-12-23. Retrieved 23 December 2013.
  4. 1 2 "Code of conduct for members of the Judiciary of Jersey". Government of Jersey . 17 July 2007. Retrieved 23 December 2013.
  5. 1 2 3 4 "Evidence of Mr M Birt (Bailiff), public hearing 4 May 2010" (PDF). States of Jersey. Retrieved 23 December 2013.
  6. ↑ "Court of Appeal (Jersey) Law 1961". Jersey Legal Information Board . Retrieved 23 December 2013.
  7. ↑ "Senior Courts Act 1981". National Archives (UK). §11(3). Retrieved 23 December 2013.
  8. ↑ "Judges and parliament". Judiciary of England and Wales. Archived from the original on 24 December 2013. Retrieved 23 December 2013.
  9. ↑ "Debates". Parliamentary Debates (Hansard) . House of Commons. 19 May 1992. Retrieved 23 December 2013.
  10. ↑ Alan Riding (10 June 1992). "St. Helier Journal; On Queen's Special Island, Lese-Majeste No Less". New York Times. Retrieved 23 December 2013.
  11. 1 2 "Loi (1864) concernant la charge de Juge d'Instruction". Jersey Legal Information Board . 1 January 2012. Retrieved 23 December 2013.
  12. ↑ "Extract from States of Jersey Hansard" (PDF). States of Jersey. 2009. Retrieved 23 December 2013.
  13. ↑ "Official Report ('Hansard')". States of Jersey. 8 June 2010. Archived from the original on 24 December 2013. Retrieved 23 December 2013.
  14. ↑ "Further delay in fraud case". Jersey Evening Post. 15 March 2011. Archived from the original on December 23, 2013. Retrieved 23 December 2013.
  15. ↑ "Attorney General v Lewis, Christmas, Foot and Cameron (2012) JRC 177". Jersey Legal Information Board . 5 October 2012. Retrieved 23 December 2013.
  16. ↑ "What next for fraud judge?". Jersey Evening Post. 27 July 2012. Archived from the original on December 23, 2013. Retrieved 23 December 2013.
  17. ↑ "New inquiry to decide whether Christmas retains his position". Jersey Evening Post. 25 September 2012. Archived from the original on December 23, 2013. Retrieved 23 December 2013.
  18. ↑ "Human Rights (Jersey) Law 2000". Jersey Legal Information Board . 1 January 2019. Retrieved 2 June 2020.
  19. ↑ McGonnell v United Kingdom, (2000) ECHR 62British and Irish Legal Information Institute (European Court of Human Rights8 February 2000).
  20. 1 2 "Report into Review of Crown Officers". Government of Jersey. 6 December 2010. Retrieved 23 December 2013.
  21. ↑ "Written submissions on role of Crown Officers". Review of the Roles of the Crown Officers. Retrieved 23 December 2013.
  22. ↑ Gordon Rayner (2 June 2008). "Jersey abuse case: Jack Straw urged to step in". Daily Telegraph. ISSN   0307-1235. OCLC   49632006 . Retrieved 23 December 2013.
  23. ↑ Andrew Pierce (18 August 2008). "High Court challenge over Jersey child abuse case". Daily Telegraph. ISSN   0307-1235. OCLC   49632006 . Retrieved 23 December 2013.
  24. ↑ Gordon Swaine (22 August 2008). "Government must intervene in Jersey abuse case, says MP". Daily Telegraph. ISSN   0307-1235. OCLC   49632006 . Retrieved 23 December 2013.
  25. ↑ Andy Sibcy (31 July 2008). "Syvret to take Straw to court". Jersey Evening Post. Archived from the original on December 23, 2013. Retrieved 23 December 2013.
  26. ↑ Ben Quérée (13 August 2008). "UK lawsuit could be filed tomorrow". Jersey Evening Post. Archived from the original on December 23, 2013. Retrieved 23 December 2013.
  27. ↑ Ben Quérée (15 August 2008). "Abuse: Legal papers filed". Jersey Evening Post. Archived from the original on December 23, 2013. Retrieved 23 December 2013.
  28. ↑ "A threat of constitutional disruption". Jersey Evening Post. 22 August 2008. Archived from the original on December 23, 2013. Retrieved 23 December 2013.
  29. ↑ Stuart Syvret (23 August 2008). "Justice must be seen to be done". Jersey Evening Post. Archived from the original on December 23, 2013. Retrieved 23 December 2013.
  30. ↑ Diane Simon (18 March 2009). "Abuse inquiry: Senator's High Court bid fails". Jersey Evening Post. Archived from the original on December 23, 2013. Retrieved 23 December 2013.
  31. ↑ "Jersey abuse case review rejected". BBC. 17 March 2009. Retrieved 23 December 2013.
  32. ↑ "Syvret loses High Court bid". channelonline.tv. 17 March 2009. Retrieved 23 December 2013.
  33. ↑ "April decision on Syvret case". Jersey Evening Post. 20 January 2011. Archived from the original on December 23, 2013. Retrieved 23 December 2013.
  34. ↑ Syvret v Chief Minister and Others, [2011 JRC116.aspx (2011) JRC 116Jersey Legal Information Board]( Royal Court of Jersey 20 June 2011).
  35. ↑ "Stuart Syvret's case struck out". Channel TV. Archived from the original on 2013-12-24. Retrieved 23 December 2013.
  36. ↑ Syvret v Attorney General, (2009) JRC 165Jersey Legal Information Board (Royal Court of Jersey18 August 2009).
  37. ↑ Syvret v Attorney General, [2009 JCA181.aspx (2009) JCA 181Jersey Legal Information Board]( Jersey Court of Appeal 4 September 2009).
  38. ↑ Syvret v Attorney General and Connetable of Grouville, [2010 JRC179.aspx (2010) JRC 179Jersey Legal Information Board]( Royal Court of Jersey 6 October 2010).
  39. ↑ Syvret v Chief Minister and others, (2011) JRC 116Jersey Legal Information Board (Royal Court of Jersey20 June 2011).
  40. ↑ Syvret v Attorney General and Connetable of Grouville, (2011) JCA 130publisher=Jersey Legal Information Board (Jersey Court of Appeal5 July 2011).
  41. ↑ Syvret v Attorney General and Connetable of Grouville, (2011) JCA 146Jersey Legal Information Board (Jersey Court of Appeal28 July 2011).
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