Politics of Guernsey take place in a framework of a parliamentary representative democratic British Crown dependency.
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.
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 title Bailiff of Guernsey has been used since at least the 13th century and indicated the leading citizen of Guernsey.
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 of Guernsey, officially the States of Deliberation and sometimes referred to as the Government of Guernsey, is the parliament and government of the British Crown dependency of Guernsey. Some laws and ordinances approved by the States of Guernsey also apply to Alderney and Sark as "Bailiwick-wide legislation" with the consent of the governments of those islands. All enactments of the States of Guernsey apply to Herm as well as Guernsey, since Herm is directly administered by the Bailiwick of Guernsey.
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.
In most legal jurisdictions, a supreme court is the highest court within the hierarchy of courts. Other descriptions for such courts include court of last resort, apex court, and highcourt of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.
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 Judge of Alderney is the senior judicial officer in Alderney, ranking above the six Jurats. The holder was until 1949 entitled to a seat in the States of Alderney, and between 1825 and 1949 was Leader of Alderney.
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.
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.
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 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
In France, a cour d’appel of the ordre judiciaire (judiciary) is a juridiction de droit commun du second degré, a. It examines judgements, for example from the correctional tribunal or a tribunal de grande instance. When one of the parties is not satisfied with the verdict, it can appeal. While communications from jurisdictions of first instance are termed "judgements", or judgments, a court of appeal renders an arrêt (verdict), which may either uphold or annul the initial judgment. A verdict of the court of appeal may be further appealed en cassation. If the appeal is admissible at the cour de cassation, that court does not re-judge the facts of the matter a third time, but may investigate and verify whether the rules of law were properly applied by the lower courts.
In France, the tribunal correctionnel is the court of first instance that governs in penal matters over offenses classified as misdemeanors and committed by an adult. In 2013, French correctional tribunals rendered 576,859 judgments on action publique, pronounced 501,171 verdicts and homologué 67,983 compositions pénales.
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.
