The Courts of Jersey are responsible for the
administration of justice in the
Bailiwick
A bailiwick () is usually the area of jurisdiction of a bailiff, and once also applied to territories in which a privately appointed bailiff exercised the sheriff's functions under a royal or imperial writ. The bailiwick is probably modelled on th ...
of
Jersey
Jersey ( , ; nrf, Jèrri, label=Jèrriais ), officially the Bailiwick of Jersey (french: Bailliage de Jersey, links=no; Jèrriais: ), is an island country and self-governing Crown Dependencies, Crown Dependency near the coast of north-west F ...
, one of the
Channel Islands
The Channel Islands ( nrf, Îles d'la Manche; french: îles Anglo-Normandes or ''îles de la Manche'') are an archipelago in the English Channel, off the French coast of Normandy. They include two Crown Dependencies: the Bailiwick of Jersey, ...
. They apply the
law of the Island, which is a mixture of customary law and
legislation
Legislation is the process or result of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating laws by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law i ...
passed by the legislature, the
States Assembly.
The principal court is the Royal Court, which has been in existence since the 13th century, and exercises both civil and criminal jurisdiction. Additional courts, such as the Magistrate's Court, which deals with minor criminal matters, and the Court of Appeal, which hears appeals from the Royal Court, have been added to the Island's legal system more recently. There are also a number of specialist tribunals.
Appeal courts
Prior to 1949 there was no
appellate court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
in Jersey (or
Guernsey
Guernsey (; Guernésiais: ''Guernési''; french: Guernesey) is an island in the English Channel off the coast of Normandy that is part of the Bailiwick of Guernsey, a British Crown Dependency.
It is the second largest of the Channel Islands ...
). Appeals could be heard by 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 Augus ...
, but this was only possible if special leave was given and was not by right. It was felt that, particularly in criminal cases, this was not satisfactory. Therefore, in 1949 an
Order in Council was made by
King George VI
George VI (Albert Frederick Arthur George; 14 December 1895 – 6 February 1952) was King of the United Kingdom and the Dominions of the British Commonwealth from 11 December 1936 until his death in 1952. He was also the last Emperor of Ind ...
creating the Channel Islands Court of Appeal, to deal with appeals from both Jersey and Guernsey. However it was soon realised that a joint court would not work and the Channel Islands Court of Appeal never sat. It was ultimately replaced by separate Courts of Appeal in each of the two
bailiwick
A bailiwick () is usually the area of jurisdiction of a bailiff, and once also applied to territories in which a privately appointed bailiff exercised the sheriff's functions under a royal or imperial writ. The bailiwick is probably modelled on th ...
s.
The Court of Appeal
The Court of Appeal of Jersey was finally created in 1961 and sits about six times each year. The judges of the Court of Appeal comprise the Bailiff and Deputy Bailiff, and a number of
King's Counsel
In the United Kingdom and in some Commonwealth countries, a King's Counsel ( post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or ...
from the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
, the
Channel Islands
The Channel Islands ( nrf, Îles d'la Manche; french: îles Anglo-Normandes or ''îles de la Manche'') are an archipelago in the English Channel, off the French coast of Normandy. They include two Crown Dependencies: the Bailiwick of Jersey, ...
or the Isle of Man. Currently, there are 11
judges of the Court of Appeal, including the Bailiff of
Guernsey
Guernsey (; Guernésiais: ''Guernési''; french: Guernesey) is an island in the English Channel off the coast of Normandy that is part of the Bailiwick of Guernsey, a British Crown Dependency.
It is the second largest of the Channel Islands ...
.
Youth Appeal Court
The Youth Appeal Court is made up of the Bailiff and three members of the Youth Court Panel.
Judicial Committee of the Privy Council
Further appeals can be made 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 Augus ...
, but only with special leave.
Royal Court
Originating in the 13th century when the King declared that Jersey should continue to follow
Norman law Norman law (, , ) refers to the customary law of the Duchy of Normandy which developed between the 10th and 13th centuries and which survives today in the legal systems of Jersey and the other Channel Islands. It grew out of a mingling of Frankish ...
, the Royal Court is the principal and oldest court in Jersey. The President of the Court is the Bailiff and the Court is otherwise composed of the island's
jurats. The Court has jurisdiction over both civil and criminal matters. The Royal Court also conducts the ''Visites Royales'' - yearly inspections of each of the parishes.
Lower courts
The Magistrate's and Petty Debts Courts were established by
legislation
Legislation is the process or result of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating laws by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law i ...
in 1853 to deal with minor
criminal
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
and
civil
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
cases instead of the Royal Court (although their
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
is generally concurrent with that of the Royal Court, rather than exclusive). They are both presided over by the Magistrate, a position which was created as a distinct post in 1864. The Magistrate is referred to in the
Jersey French of the legislation as the ''Juge d’Instruction'', although his role is not the same as the position with the same title in
inquisitorial systems.
Magistrate's Court
Originally established in 1853 as the Police Court, and renamed the Magistrate's Court in 1996. The Magistrate's Court can
try
Try or TRY may refer to:
Music Albums
* ''Try!'', an album by the John Mayer Trio
* ''Try'' (Bebo Norman album) (2014) Songs
* "Try" (Blue Rodeo song) (1987)
* "Try" (Colbie Caillat song) (2014)
* "Try" (Nelly Furtado song) (2004)
* " Try (Ju ...
any
criminal offence if the Magistrate considers that the appropriate
sentence is not more than one year in
prison
A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correc ...
or a fine of £10,000. If the Magistrate considers that a heavier sentence might be appropriate, then the case will be committed to the Royal Court for trial. Similarly if, having tried the case, the Magistrate subsequently decides that their sentencing powers are insufficient, they may refer the case to the Royal Court for sentencing.
Petty Debts Court
The Petty Debts Court deals with civil cases where the value of the claim is no more than £10,000, and also with
landlord and tenant
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a ...
disputes.
Youth Court
The Youth Court was created in 1994 and is made up of the Magistrate and two members of the Youth Court Panel (which is appointed by the Superior Number of the Royal Court). It sits in private (although the press may be present) and deals with cases where the defendant is aged under 18, unless the likely sentence means that the case needs to be sent to the Royal Court.
Parish Hall Enquiry
The Parish Hall Enquiry is an informal way of dealing with minor criminal behaviour, particularly by young people, which has been in use in Jersey for over 800 years.
The Enquiry is not actually a court hearing. It is an opportunity for the
Centenier
There is an Honorary Police ( French: Police Honorifique) force in each of the twelve parishes of Jersey. Members of the Honorary Police are elected by the voters of the parish in which they serve, and are unpaid.
Honorary Police officers have, ...
(the head of the
Honorary Police
There is an Honorary Police ( French: Police Honorifique) force in each of the twelve parishes of Jersey. Members of the Honorary Police are elected by the voters of the parish in which they serve, and are unpaid.
Honorary Police officers have ...
for the parish) to review the evidence and decide whether it is in the
public interest
The public interest is "the welfare or well-being of the general public" and society.
Overview
Economist Lok Sang Ho in his ''Public Policy and the Public Interest'' argues that the public interest must be assessed impartially and, therefore ...
for the case to be tried in the Magistrate's Court. In doing so the Centenier will discuss the evidence with the
accused
Accused or The Accused may refer to:
* A person suspected with committing a crime or offence; see Criminal charge
** Suspect, a known person suspected of committing a crime
* The Accüsed, a 1980s Seattle crossover thrash band
*''The Accused'', a ...
person and, if the offence is minor, possibly agree a non-statutory
sanction
A sanction may be either a permission or a restriction, depending upon context, as the word is an auto-antonym.
Examples of sanctions include:
Government and law
* Sanctions (law), penalties imposed by courts
* Economic sanctions, typically a b ...
which will avoid the need for the case to go to court. Attendance at the Enquiry is voluntary, the Centenier does not make a
finding of guilt (a sanction is only imposed if the accused agrees, otherwise the case is sent on to the Magistrate's Court) and at any time the accused may elect to have the case referred to the Magistrate.
Sanctions which can be imposed include:
* no further action/'words of advice'
* a written
caution
* a
fine
Fine may refer to:
Characters
* Sylvia Fine (''The Nanny''), Fran's mother on ''The Nanny''
* Officer Fine, a character in ''Tales from the Crypt'', played by Vincent Spano
Legal terms
* Fine (penalty), money to be paid as punishment for an offe ...
of up to £100 for some offences, e.g. minor motoring offences
* deferral of a sanction, dependent on good behaviour
* voluntary supervision by the
probation service
These sanctions are not
convictions but a record is kept and they may be referred to in the event of the accused coming into contact with the criminal justice system on a subsequent occasion.
The Parish Hall Enquiry system has been found to "deal successfully and appropriately with a wide range of offending", to have a low rate of
recidivism
Recidivism (; from ''recidive'' and ''ism'', from Latin ''recidīvus'' "recurring", from ''re-'' "back" and ''cadō'' "I fall") is the act of a person repeating an undesirable behavior after they have experienced negative consequences of th ...
, and a high level of satisfaction amongst victims.
Inquests
In the case of a sudden or unexpected death in the Island, an
inquest
An inquest is a judicial inquiry in common law jurisdictions, particularly one held to determine the cause of a person's death. Conducted by a judge, jury, or government official, an inquest may or may not require an autopsy carried out by a coro ...
will need to be held to determine the cause of death. The
Viscount
A viscount ( , for male) or viscountess (, for female) is a title used in certain European countries for a noble of varying status.
In many countries a viscount, and its historical equivalents, was a non-hereditary, administrative or judicial ...
is the
coroner
A coroner is a government or judicial official who is empowered to conduct or order an inquest into Manner of death, the manner or cause of death, and to investigate or confirm the identity of an unknown person who has been found dead within th ...
(although in recent years this function has been delegated to the Deputy Viscount) and may sit with a jury, although this is unusual. Hearings take place in public.
Tribunals
In addition to the courts, there are a number of Tribunals, including:
* Jersey Employment Tribunal
* Commissioners of Appeal for Tax
* States of Jersey Complaints Board
* Health and Safety Appeal Tribunal
* Data Protection Tribunal
* Rent Control Tribunal
* Rate Appeal Board
* Social Security Tribunal
* Mental Health Review Tribunal
Judgments and law reports
Judgments of the Royal Court, Court of Appeal and the Employment Tribunal are published online by the
Jersey Legal Information Board 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. and The Bailiwick of Jersey is a separate jurisdiction from that of the United Kingdom ...
,
as part of the
Free Access to Law Movement. Since 1985, selected judgments containing points of legal principle are formally published in the ''Jersey Law Reports''. Selected judgments between 1950 and 1984 were published in 11 volumes by the Royal Court in the ''Jersey Judgments'' series of
law reports.
See also
*
Law of Jersey 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. and The Bailiwick of Jersey is a separate jurisdiction from that of the United Kingdo ...
*
List of laws of Jersey
Jersey, one of the Channel Islands, is a self-governing Crown dependency with its own legal system. Laws are passed and amended by the elected parliament, the States Assembly.
21st century
2001–2010
2001
2002
2003
*Advocates And Sol ...
References
External links
{{Judiciaries of Europe
Judiciary of Jersey
Jersey law
Jersey
Jersey ( , ; nrf, Jèrri, label=Jèrriais ), officially the Bailiwick of Jersey (french: Bailliage de Jersey, links=no; Jèrriais: ), is an island country and self-governing Crown Dependencies, Crown Dependency near the coast of north-west F ...
Organisations based in Jersey