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The COURTS OF GUERNSEY are responsible for the administration of justice in the Bailiwick of Guernsey
Guernsey
, one of the Channel Islands
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 .

The principal court is the ROYAL COURT 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 over the years.

It is likely that the oldest law that the Royal Court is called upon to provide judgement over is the Clameur de haro a Norman form of injunction, whereby the aggrieved party makes a plea for justice to Rollo
Rollo
the 10th century founder of the Duchy of Normandy .

CONTENTS

* 1 Lower Courts

* 1.1 Magistrates Court * 1.2 Contracts Court

* 2 Royal Court

* 2.1 The Full Court * 2.2 The Ordinary Court * 2.3 The Matrimonial Causes Division

* 3 Other Courts

* 3.1 Guernsey
Guernsey
Court of Appeal * 3.2 Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
* 3.3 Court of Chief Pleas * 3.4 European Court of Human Rights * 3.5 Ecclesiastical Court * 3.6 Sark
Sark
* 3.7 Alderney

* 4 Alternatives to Court

* 4.1 Tribunals * 4.2 Arbitration

* 5 Ancillary Notes

* 5.1 Language * 5.2 Court Building * 5.3 Advocates * 5.4 Law Officers * 5.5 Registry * 5.6 Jurat * 5.7 Earliest Courts * 5.8 Courts no longer in use

* 6 See also * 7 External * 8 References

LOWER COURTS

MAGISTRATES COURT

CRIMINAL JURISDICTION OF THE MAGISTRATE\'S COURT Dealing with criminal law cases which are liable to attract a sentence of a maximum of two years and/or a fine of £20,000.

CIVIL JURISDICTION OF THE MAGISTRATE\'S COURT Dealing with civil matters where the sum in dispute does not exceed £10,000. Commonly known as “petty debt” cases.

FAMILY LAW MATTERS covers child maintenance payments , child contact and other issues which arise from time to time when a relationship breaks down.

INQUESTS are held at the magistrates court and are normally held at the request of the Law Officers of the Crown.

JUVENILE COURT The Juvenile Court is part of the Magistrate's Court and, if considered appropriate by Her Majesty's Procureur, will sit to consider some cases involving juveniles (under the age of 18) who are charged with criminal offences. Her Majesty's Procureur may also refer the case to the Child Youth and Community Tribunal. This court is not open to the public.

CONTRACTS COURT

This court, convened with a Jurat Lieutenant Bailiff and four other Jurats witness conveyances of real property , real property agreements, legal charges on property (bonds), marriage contracts and deed polls prior to their registration on the public records, as well as liquor licence applications.

ROYAL COURT

The primary court of record. It can sit in a number of configurations, depending on the type of case and the powers to be exercised.

THE FULL COURT

Historically known as the COUR EN CORPS comprising:

* a single Judge of law, this being either the Bailiff , the Deputy Bailiff, a Judge of the Royal Court or a Lieutenant Bailiff qualified in law; and, * not less than seven, but no more than twelve, Jurats acting as Judges of fact.

The Full Court has original CRIMINAL JURISDICTION in respect of indictable offences committed anywhere in the Bailiwick of Guernsey with a few exceptions and normally deals with serious criminal offences.

The Royal Court is also an appeal court for lower courts.

Dealing with CIVIL JURISDICTION cases that are beyond the scope of the Magistrates Court and certain other routine civil matters such as registering new legislation as well as some administrative appeals.

THE ORDINARY COURT

Comprising a single Judge of law, this being either the Bailiff, the Deputy Bailiff, a Judge of the Royal Court or a Lieutenant Bailiff qualified in law; and a minimum of two Jurats, although normally with three. Sometimes the Judge will sit alone. The Ordinary Court will deal with criminal matters originating in Alderney or Sark
Sark
. The Ordinary Court deals with all original civil business beyond the competence of the Magistrate's Court such as property disputes, company liquidations, guardianships, evictions, terre mises a l'amende applications and the swearing-in of Parish Officials and Police Officers It acts as a court of appeal for the Courts in Alderney and Sark
Sark
.

THE MATRIMONIAL CAUSES DIVISION

Established under the Matrimonial Causes Law (Guernsey), 1939, constituted by a single Judge of Law, this being either the Bailiff, the Deputy Bailiff, a Judge of the Royal Court or a Lieutenant Bailiff qualified in law, sitting alone; or a single Judge of Law sitting with four Jurats.

Dealing with matters of divorce , judicial separation , annulments and dissolutions of marriages, and contentious judicial separations.

OTHER COURTS

GUERNSEY COURT OF APPEAL

Constituted under the Court of Appeal (Guernsey) Law 1961, it comprises the Bailiff of Guernsey
Guernsey
and other judges appointed by warrant of the Sovereign.

Guernsey
Guernsey
and Jersey
Jersey
work closely together with the Bailiff of each appointed to the opposite Island’s Court of Appeal so that cases that may have a conflict of interest can be heard.

A higher appeal lies from the Guernsey
Guernsey
Court of Appeal to the Judicial Committee of the Privy Council.

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

The higher appeal from the Guernsey
Guernsey
Court of Appeal goes to the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
in civil cases.

In criminal matters further appeals may only be made with special leave of the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
which is the final court of appeal

This is the final appeal for matters from the Magistrate's Court, the Royal Court, the Court of Alderney and the Court of the Seneschal.

COURT OF CHIEF PLEAS

An ancient Court, constituted in the same way as a Full Court. It is attended by the Full Court, the Law Officers of the Crown, Advocates and the Seigneurs and Bordiers owing suit to the Court.

Normally held just once a year at the start of the legal year when oaths are taken from HM Procureur, HM Receiver General and HM Comptroller. It is followed by a service at the Town Church then a traditional dinner.

Dealing with a mixture of issues, such as explosives licenses, water courses, charitable funds, “Salle Publique Licences” and is an opportunity to admit to the Guernsey
Guernsey
Bar, qualified students.

EUROPEAN COURT OF HUMAN RIGHTS

Effective from 2006, the Human Rights (Bailiwick of Guernsey) Law, 2000 incorporates into Bailiwick legislation the European Convention for the Protection of Human Rights and Fundamental Freedoms.

People are able to pursue their rights under the European Convention on Human Rights in the Bailiwick's courts and tribunals, instead of having to go to the European Court in Strasbourg although that is still the final appeal route.

ECCLESIASTICAL COURT

The Ecclesiastical Court's origins probably go back beyond surviving written records, existing in the 13th Century, and almost certainly for centuries before that.

Many of the old jurisdiction functions have fallen by the way, such as dealing with acts of heresy and idolatry. Today the court deals with just three matters:

* The proving of Wills and the issuing of Letters of Administration in deceased Estates; * The granting of marriage licences * The issuing of faculties

In this respect the Ecclesiastical Court is unique in the world.

Normally held each Friday and presided over by the Dean of Guernsey acting under a commission from the Bishop of Winchester . (prior to the time of Queen Elizabeth I , the Bishop of Coutances )

The Court used to be held in an upper room in the Town Church where its most notorious decision was the sentencing in 1556 of the Guernsey Martyrs for heresy. The Court relocated in 1822. It is currently held in the Saint Peter Port Constables offices.

SARK

Chief Pleas (French: Chefs Plaids; Sercquiais: Cheurs Pliaids) is the parliament of Sark
Sark
. Despite having its own legislative assembly, Sark voluntarily submits to Guernsey
Guernsey
in matters of criminal law.

ALDERNEY

The Court of Alderney exercises unlimited original jurisdiction in civil matters and limited jurisdiction in criminal matters. The Court sits with a Chairman (the Judge of Alderney ) and at least three of the six Jurats . Appeals are made to the Royal Court of Guernsey, which also exercises some original jurisdiction in criminal matters in Alderney, and thence to the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
.

ALTERNATIVES TO COURT

TRIBUNALS

The use of tribunals has increased over the years, with tribunals normally created by statute and is a less formal and potentially faster source of justice. These include:

* Chambre de Discipline. Under the Guernsey
Guernsey
Bar (Bailiwick of Guernsey) Law, 2007 (as amended). For complaints made against Advocates. * Child Youth and Community Tribunal (CYCT). Created under the Children ( Guernsey
Guernsey
and Alderney) Law 2008. * Clergy Discipline Measure. A Church of England disciplinary tribunal established in Guernsey
Guernsey
when necessary under the Clergy Discipline (Bailiwick Of Guernsey) Order, 2006 * Employment & Discrimination Tribunal. The Tribunal deals with employment and sex discrimination related matters. * Mental Health Review Tribunals. The Tribunal provides a way for patients to appeal against detention or a Community Treatment Order. * Planning Tribunal. Deals with appeals against the Environment Department planning decisions * Parochial Appeals Tribunals Loi relative aux Douits (Amendment) Law, 2013 and the Parochial Administration Ordinance, 2013 * Police Complaints Commission, a Tribunal * Supplementary Benefit Tribunal. For aggrieved benefit recipients to have their appeal heard by an independent tribunal. * Tax Tribunal. An independent appeal body set up to hear income tax appeals which cannot otherwise be resolved. * Utilities Appeals Tribunal. Deals with complaints made against the Office of Utility Regulation.

ARBITRATION

Arbitration in civil matters is recommended in Guernsey
Guernsey
using the Arbitration (Guernsey) Law, 1982. There are no legal impediments to arbitrating any type of dispute, except where the relief sought by the claimant is only available from specific bodies or institutions, such as the Royal Court. There is a Channel Islands
Channel Islands
branch of the Chartered Institute of Arbitrators.

ANCILLARY NOTES

LANGUAGE

After the Norman conquest of England in 1066, Norman French became the official language used at court and by the nobles. Guernsey's Royal Court and officials employed standard French from the Medieval period to the mid 20th century.

In 1926 English was made an official language of the States of Guernsey
Guernsey
although it took more time for the Courts to change. Until 1948, French was the official language of Guernsey.

COURT BUILDING

The earliest reference to a court building dates from the 12th century, when reference is made to a building in St Peter Port in a district known as La Plaiderie (literally translated as the place of pleading) where courts were held in the King's barn, although it had to be vacated at lunch time so a corn market could take place in the afternoons. During the English Civil War
English Civil War
it was relocated temporarily to Elizabeth College to put it out of range of the Royalist cannon on Castle Cornet .

It was 1799 before the current court buildings were built, with the first sitting in 1803. Expanded repeatedly over the years, with the latest addition completed in 2006.

ADVOCATES

Only Advocates of the Royal Court may have rights of audience to the Royal Court and the Guernsey
Guernsey
Court of Appeal. The Advocate is an officer of the Royal Court and his or her primary duty is to the Court and not to the client.

The qualification route is normally through obtaining a Bachelor of Laws degree in England, then a qualification as a Solicitor
Solicitor
or Barrister
Barrister
in England and Wales, followed by vocational training, passing Guernsey
Guernsey
Bar exams and then obtaining a CERTIFICAT D’ETUDES JURIDIQUES FRANçAISES ET NORMANDES from Caen University

LAW OFFICERS

Appointed by the Crown.

* H.M. Procureur (Attorney General) & H.M. Receiver General * H.M. Comptroller ( Solicitor
Solicitor
General) "> Fief
Fief
la Cour, Rue Des Vallees

* Cour d'Appeaux was a court of appear from the Cour Ordinaire or Ordinary Court, comprising more Jurats than in the Ordinary Court. * Court of Judgements was a court of appeal above the Cour d'Appeaux comprising at least seven Jurats. There could even be less Jurats at this court than at the Cour d'Appeaux. * Mobilaire Courts for matters relating to moveables and chattels. On one Monday the cases heard would be from the Low Parishes (St Sampson, St Peter Port and the Vale) and on the next Monday, cases from the High Parishes (all other Parishes). * Plaids d'Heritage for determining all suits relative to inheritance. * Des Namps or Tuesday Courts dealing with seizures and distress. * Saturday Courts for passing contracts, admiralty causes and criminal informations. * Criminal Court of Correctional Police. The Bailiff and two Jurats with a limit on the sentence. * Superior Criminal Court. The Bailiff and at least seven Jurats for more serious criminal cases. * Fief
Fief
la Cour. Open air courts for issues that were not deemed major enough to trouble the Royal Court. * German Military Courts. During the 1940-5 occupation of the Channel Islands
Channel Islands
, the Wehrmacht
Wehrmacht
, Kriegsmarine and Luftwaffe
Luftwaffe
each operated Military Courts. :117

SEE ALSO

* Channel Islands
Channel Islands
portal * Normandy portal

* Law of Guernsey
Guernsey
* List of laws of Guernsey
Guernsey
* Politics of Guernsey
Guernsey
* Courts of Jersey
Jersey

EXTERNAL

* The Guernsey
Guernsey
Royal Court * Alderney Court Office * Royal Court Calendar 2016 * Clameur de Haro

REFERENCES

* ^ "Sources of Guernsey
Guernsey
law". Guernsey
Guernsey
Bar. * ^ "Attempt to use Guernsey
Guernsey
feudal law denied". BBC. 3 June 2010. * ^ "Civil Jurisdiction of the Magistrate\'s Court". Guernsey
Guernsey
Royal Court. * ^ "Family Law Matters". Guernsey
Guernsey
Royal Court. * ^ "Law Officers". States of Guernsey. * ^ "Inquests". Guernsey
Guernsey
Royal Court. * ^ "Juvenile Court". Guernsey
Guernsey
Royal Court. * ^ "the Contracts Court". Guernsey
Guernsey
Royal Court. * ^ "civil jurisdiction". Guernsey
Guernsey
Royal Court. * ^ "Ordinary Court". Guernsey
Guernsey
Royal Court. * ^ "The Matrimonial Causes Division". Guernsey
Guernsey
Royal Court. * ^ "The Guernsey
Guernsey
Court of Appeal". The Royal Court. * ^ "Judicial Committee of the Privy Council". Guernsey
Guernsey
Royal Court. * ^ "Judicial Committee of the Privy Council". Judicial Committee of the Privy Council. * ^ "Court of Chief Pleas". Guernsey
Guernsey
Royal Court. * ^ "Ecclesiastical Court". Guernsey
Guernsey
Royal Court. * ^ Court Of Alderney Archived 2010-09-24 at the Wayback Machine
Wayback Machine
. * ^ "Tribunals" (PDF). AFR Advocates. * ^ "Complaints procedures / negligence". Guernsey
Guernsey
Bar. Archived from the original on 2015-11-24. * ^ "CYCT". States of Guernsey. * ^ "Employment & Discrimination Tribunal". States of Guernsey. * ^ "Mental Health Review Tribunals" (PDF). States of Guernsey. * ^ "PCC". States of Guernsey. Archived from the original on 2015-11-24. * ^ "Supplementary benefit". States of Guernsey. * ^ "Arbitration". Channel Island Arbitrators. * ^ "The History of Guernesias". Guernsey
Guernsey
Museums. * ^ "Guernesiais today by Julia Sallabank". BBC. * ^ Wimbush, Henry. The Channel Islands. A&C Black 1924. * ^ A B "Royal Court Building - History". The Royal Court of Guernsey. * ^ "Royal Court Building". Guernsey
Guernsey
Royal Court. * ^ "Advocates". Guernsey
Guernsey
Bar. * ^ "Qualifying as a Guernsey
Guernsey
Advocate - more information". The Guernsey
Guernsey
Bar. * ^ "Who we are". States of Guernsey. * ^ "Archive and Research Facilities". Royal Court of Guernsey. * ^ "Jurats and the States of Election". Royal Court of Guernsey. * ^ Berry, William. The History of the Island of Guernsey. Longman, Hurst, Rees, Orme, and Brown, 1815. p. 186. * ^ Berry, William. The History of the Island of Guernsey. Longman, Hurst, Rees, Orme, and Brown, 1815. p. 225. * ^ A B C D E F Berry, William. The History of the Island of Guernsey. Longman, Hurst, Rees, Orme, and Brown, 1815. p. 194. * ^ A B C D E F Duncan, Jonathan. The History of Guernsey: With Occasional Notices of Jersey, Alderney, and Sark, and Biographical Sketches. Longman, Brown, Green, and Longmans, 1841. p. 472. * ^ " Fief
Fief
La Cour". BBC. * ^ Cruickshank, Charles. The German Occupation of the Channel Islands. The History Press; New edition (30 Jun. 2004). ISBN 978-0750937498 .

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Guernsey
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Jersey
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* v * t * e

Guernsey
Guernsey
articles

* History * Geography * Geology

HISTORY

* Archaeology * Braye du Valle

* Fortifications of Guernsey
Guernsey

* Bréhon Tower * Castle Cornet * Chateau des Marais * Doyle Monument
Doyle Monument
* Fort Grey * Fort Hommet
Fort Hommet
* Vale Castle

* German occupation during World War II

* Evacuation * Resistance * Relationships * Civilian life * Deportations * Fort Hommet
Fort Hommet
10.5cm * German fortification of Guernsey
Guernsey
* Channel Islands
Channel Islands
Occupation Society (CIOS)

* Jews in Guernsey
Guernsey
* Royal Guernsey
Guernsey
Light Infantry * Royal Guernsey
Guernsey
Militia * Maritime history * Windmills * Witch trials

SUBDIVISIONS

ISLANDS

* Guernsey
Guernsey
* Alderney * Sark
Sark
* Herm * Jethou * Brecqhou * Lihou

PARISHES

* Castel * Forest * St Andrew * St Martin * St Peter Port * St Pierre du Bois * St Sampson * St Saviour * Torteval * Vale

POLITICS

* Bailiff of Guernsey
Guernsey

* list

* Chief Minister * Courts of Guernsey * Duke of Normandy * Elections * Greffier * Laws * Law enforcement * Lieutenant Governor * Politics of Guernsey
Guernsey
* States of Election
States of Election
* States Assembly

ECONOMY

* Banks * Guernsey
Guernsey
Post

* Guernsey
Guernsey
pound

* coins

* Stock Exchange * Telecommunications

* Transport

* airport * rail * harbour

* Emergency Services

* Ambulance * Fire * Lifeboat * Police

CULTURE

* Cuisine

* Bean Jar

* Demographics

* Languages

* Guernésiais

* Music * St James

* Religion

* Town Church * St Martin\'s Church * Vale Church * Chapel of St Apolline

* Sport * Television

SYMBOLS

* Anthem * Coat of arms * Flag * Floral emblem

* Outline * Index * Bibliography

* Category

.