The judiciary of Jersey is a branch of the

government of Jersey , image = , caption=Logos of the Government of Jersey in English and Jèrriais , date = , state = Jersey , address = 19-21 Broad Street, Saint Helier , appointed = Chief Minister, with approva ...

that interprets and applies the laws of Jersey, to ensure

equal justice under law Equal justice under law is a phrase engraved on the West Pediment, above the front entrance of the United States Supreme Court building in Washington D.C. It is also a societal ideal that has influenced the American legal system. The phrase wa ...

, 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

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of the Royal Court deals with some preliminary matters in civil cases. The Court is supported by the Judicial Greffier who acts as the

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. In addition to the judge, the Royal Court includes a number of volunteer

Jurats 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 (assisted by th ...

. 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. 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".

Appointment and removal

Crown Officers

The Bailiff and Deputy Bailiff are appointed by the

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, on the

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of the UK

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. 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 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 (assisted by the ...

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 A chief minister is an elected or appointed head of government of – in most instances – a sub-national entity, for instance an administrative subdivision or federal constituent entity. Examples include a state (and sometimes a union terri ...

), 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 A royal court, often called simply a court when the royal context is clear, is an extended royal household in a monarchy, including all those who regularly attend on a monarch, or another central figure. Hence, the word "court" may also be appl ...

. The Lieutenant Governor then sends a single name to the Secretary of State for Justice. This process is not used for appointing the Bailiff because the Deputy Bailiff is seen to be training for the office of Bailiff. The Bailiff, Deputy Bailiff and members of the

Jersey Court of Appeal 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 S ...

'hold office during good behaviour'. 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. In 1992, when Deputy Bailiff Vernon Tomes was dismissed by the

Home Secretary The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national s ...

(who at the time was responsible for Crown Dependencies) because he was slow to present written judgments.

Commissioners

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.

Jurats

s 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. 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.

Magistrates

The Bailiff also appoints, on the advice of a panel, a full-time salaried

Magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judic ...

and Assistant Magistrate and part-time locum Relief Magistrates. The Magistrates can only be dismissed by an ''Order of Her Majesty in Council''. In June 2008, a Magistrate-Designate, Ian Christmas, did not take up his post because he was being investigated for alleged fraud, which resulted in a conviction and a fifteen-month prison term. Subsequently, the Bailiff's Office asked the

Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Just ...

to arrange a disciplinary investigation because Ian Christmas could not be removed from office by the Bailiff.

Judicial independence

Dual role of the Bailiff

The courts of Jersey are required by the

European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...

to be ''independent and impartial''. In 2000, the

European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...

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. 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

cases concerned with legislation that was debated when he presided in the States, but there were suggestions that reform might be needed.

Carswell report

During 2009–2010, the States of Jersey commissioned an inquiry, chaired by

Lord Carswell Robert Douglas Carswell, Baron Carswell, PC (born 28 June 1934) is a retired Lord of Appeal in Ordinary. Early life The son of Alan and Nance Carswell was educated at the Royal Belfast Academical Institution and Pembroke College, Oxford, wh ...

, into the roles of Jersey's Crown Officers i.e. the Bailiff, Deputy Bailiff, Attorney General and Solicitor General. The subsequent report recommended reforms to the States of Jersey, including suggesting that the Bailiff should no longer be the President of the States, something the States did not endorse.

Criticism

In recent years, a former States member,

Stuart Syvret Stuart Syvret is a former Jersey politician. He held elected office as a member of the States of Jersey assembly from 1990 to 2010. From 1999 to 2007, Svyret had executive responsibilities first as President of the Health and Social Services C ...

, 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 John Whitaker Straw (born 3 August 1946) is a British politician who served in the Cabinet from 1997 to 2010 under the Labour governments of Tony Blair and Gordon Brown. He held two of the traditional Great Offices of State, as Home Secretary ...

's failure to ensure that Jersey authorities protected child abuse victims. In March 2009, the

Administrative Court An administrative court is a type of court specializing in administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are considered s ...

refused permission for the case to proceed to a full hearing. 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. 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.

References

{{Judiciaries of Europe Political organisations based in Jersey Jersey law