Judiciary of the Isle of Man

Last updated

The lowest courts in the Isle of Man are the summary courts, Coroner of Inquests, Licensing Court, Land Court, etc. These courts are presided over by magistrates. There are two stipendiary magistrates, the High Bailiff and the Deputy High Bailiff, along with lay justices of the peace.

The superior court of the Isle of Man is the High Court of Justice of the Isle of Man, consisting of a Civil Division and an appeal division, called the Staff of Government Division. The judges of the High Court are the deemsters, appointed by the King (acting on the advice of the Secretary of State for Justice in the United Kingdom), and the judicial officers, appointed by the Lieutenant Governor. The High Bailiff and the Deputy High Bailiff are ex officio judicial officers, and additional judicial officers (full-time or part-time) may be appointed. [1]

Civil matters are usually heard at first instance by a single deemster sitting in the High Court.

Criminal proceedings are heard at first instance before either the High Bailiff or the Deputy High Bailiff or a bench of lay magistrates, in less serious cases. More serious criminal cases are heard before a deemster sitting in the Court of General Gaol Delivery; in a defended case[ specify ] the Deemster sits with a jury of seven (twelve in cases of treason or murder). [2]

Civil and criminal appeals are dealt with by the Staff of Government Division. Appeals are usually heard by a deemster (the one not involved with the case previously in the High Court or Court of General Gaol Delivery) and the Judge of Appeal.

Final appeal is to the Judicial Committee of the Privy Council in the United Kingdom. This dates back to an ancient right of the Manx to appeal to the Crown of England against the decisions of the Lord of Mann, who in previous times was the supreme insular legal authority, and was explicitly confirmed by the Privy Council in their decision of Christian v. Corren in 1716, several years before revestment.

One special case, that also applies to the Channel Islands, is the jurisdiction of the King's Bench Division of the English High Court over the island in matters of habeas corpus. This dates back to the ancient right of the king to at any time have an account as to why the liberty of any of his subjects was restrained, and operated in the Isle of Man pre-revestment, as it did across all the king's dominions despite the other competencies of the Kings's Bench being restricted to England. [3]

Related Research Articles

<span class="mw-page-title-main">Politics of the Isle of Man</span>

The government of the Isle of Man is a parliamentary representative democracy. The Monarch of the United Kingdom is also the head of state of the Isle of Man, and generally referred to as "The King, Lord of Mann". Legislation of the Isle of Man defines "the Crown in right of the Isle of Man" as separate from the "Crown in right of the United Kingdom". His representative on the island is the Lieutenant Governor of the Isle of Man, but his role is mostly ceremonial, though he does have the power to grant Royal Assent.

The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.

<span class="mw-page-title-main">Tynwald</span> Legislature of the Isle of Man

Tynwald, or more formally, the High Court of Tynwald or Tynwald Court, is the legislature of the Isle of Man. It consists of two chambers, known as the branches of Tynwald: the directly elected House of Keys and the indirectly chosen Legislative Council. When the two chambers sit together, they become "Tynwald Court".

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">Judiciary of Hong Kong</span> Law courts in the special administrative region of China

The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters.

<span class="mw-page-title-main">Courts of Scotland</span> Administration of justice in Scotland

The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.

<span class="mw-page-title-main">Magistrates' court (England and Wales)</span> Lower court in the criminal legal system of England and Wales

In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.

The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by the law of Northern Ireland.

<span class="mw-page-title-main">Deemster</span> Judge in Isle of Man

A Deemster is a judge in the Isle of Man. The High Court of Justice of the Isle of Man is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal. The deemsters also promulgate the Laws on Tynwald Day by reading out brief summaries of them in English and Manx.

<span class="mw-page-title-main">Judiciary of England and Wales</span>

There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are generally given more weight than district judges sitting in county courts and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom-wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary.

<span class="mw-page-title-main">Staff of Government Division</span> Government Division of High Court

The Staff of Government Division of the High Court of Justice is the Court of Appeal in the Isle of Man. It hears all appeals, both criminal and civil, from the High Court. It is the second highest court in the Isle of Man with final appeal going to the Judicial Committee of the Privy Council acting as 'The Queen in Council'.

<span class="mw-page-title-main">High Court of Justice (Isle of Man)</span>

The High Court of Justice of the Isle of Man is governed by the High Court Act 1991. There are four permanent judges of the High Court:

<span class="mw-page-title-main">Outline of the Isle of Man</span> Overview of and topical guide to the Isle of Man

The following outline is provided as an overview of and topical guide to the Isle of Man:

<span class="mw-page-title-main">Lieutenant Governor of the Isle of Man</span> Personal representative of the British monarch in Isle of Man

The Lieutenant Governor of the Isle of Man is the Lord of Mann's official personal representative in the Isle of Man. He has the power to grant royal assent and is styled "His Excellency".

<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">Law of the Bahamas</span>

The basis of the Bahamian Law and legal system lies within the English Common Law tradition. Justices of the Supreme Court, Registrars and Magistrates are all appointed by The Governor-General acting on the advice of the Judicial and Legal Service Commission, which is composed of five individuals who are headed by the Chief Justice as their chairman. The Chief Justice and the Justices of the Court of Appeal, including the President, are appointed by the Governor-General on the recommendation of the Prime Minister after consultation with the Leader of the Opposition. Once appointed, the salaries and other terms of appointment of the Chief Justice, Justices of Appeal and Justices of the Supreme Court cannot be altered to their disadvantage. Justices of the Supreme Court can serve until the age of 65 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 67. Justices of Appeal can serve until the age of 68 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 70 years. The law of The Bahamas makes provisions for the appointment of 12 Justices to the Bench of the Supreme Court, inclusive of the Chief Justice, and for five Justices of the Court of Appeal, inclusive of the President. The Chief Justice, as Head of the Judiciary, is an ex officio member of the Court of Appeal, but only sits at the invitation of the President.

<span class="mw-page-title-main">Supreme Court of Mauritius</span>

The Supreme Court of Mauritius is the highest court of Mauritius and is the final court of appeal in the Mauritian judicial system. It was established in its current form in 1850, replacing the Cour d'Appel established in 1808 during the French administration and has a permanent seat in Port Louis. There is a right of appeal from the Supreme Court of Mauritius directly to the Judicial Committee of the Privy Council in London. The Judicial Committee of the Privy Council (JCPC) is the court of final appeal for Mauritius.

The Judiciary of Sri Lanka are the civil and criminal courts responsible for the administration of justice in Sri Lanka. The Constitution of Sri Lanka defines courts as independent institutions within the traditional framework of checks and balances. They apply Sri Lankan Law which is an amalgam of English common law, Roman-Dutch civil law and Customary Law; and are established under the Judicature Act No 02 of 1978 of the Parliament of Sri Lanka.

<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">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.

References

See also