The Courts of Jersey are responsible for the

administration of justice The administration of justice is the process by which the legal system of a government is executed. The presumed goal of such an administration is to provide justice for all those accessing the legal system. Australia In ''Attorney General for ...

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. In English, the original French combi ...

Jersey Jersey ( ; ), officially the Bailiwick of Jersey, is an autonomous and self-governing island territory of the British Islands. Although as a British Crown Dependency it is not a sovereign state, it has its own distinguishing civil and gov ...

, one of the

Channel Islands The Channel Islands are an archipelago in the English Channel, off the French coast of Normandy. They are divided into two Crown Dependencies: the Jersey, Bailiwick of Jersey, which is the largest of the islands; and the Bailiwick of Guernsey, ...

. They apply the law of the Island, which is a mixture of customary law and

legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...

passed by the legislature, the

States Assembly The States Assembly (; Jèrriais: ) is the parliament of Jersey, formed of the island's 37 deputies and the Connétable of each of the twelve parishes. The origins of the legislature of Jersey lie in the system of self-government according ...

. 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

Judicial Committee of the Privy Council court room 3 in United Kingdom Supreme Court

Prior to 1949 there was no

appellate court An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appel ...

in Jersey (or

Guernsey Guernsey ( ; Guernésiais: ''Guernési''; ) is the second-largest island in the Channel Islands, located west of the Cotentin Peninsula, Normandy. It is the largest island in the Bailiwick of Guernsey, which includes five other inhabited isl ...

). 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 August ...

, 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, an

Order in Council An Order in Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom, this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' ...

, the Court of Appeal (Channel Islands) Order 1949 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 In ...

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. In English, the original French combi ...

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 A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

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 Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...

, the

or the Isle of Man. Currently, there are 11 judges of the Court of Appeal, including the Bailiff of

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

, 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

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 thei ...

s. 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

in 1853 to deal with minor

criminal In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definiti ...

and

civil Civil may refer to: *Civility, orderly behavior and politeness *Civic virtue, the cultivation of habits important for the success of a society *Civil (journalism) ''The Colorado Sun'' is an online news outlet based in Denver, Colorado. It lau ...

cases instead of the Royal Court (although their

jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...

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

Jersey's Magistrate's Court was originally established in 1853 as the Police Court, and renamed the Magistrate's Court in 1996. The Magistrate can try any

criminal offence 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 Ca ...

if they consider that the appropriate sentence is not more than one year in

prison A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, or remand center, is a facility where Prisoner, people are Imprisonment, imprisoned under the authority of the State (polity), state ...

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 after, 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. It also deals 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 has rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a lea ...

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 h ...

(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 h ...

for the parish) to review the evidence and decide whether it is in the

public interest In social science and economics, public interest is "the welfare or well-being of the general public" and society. While it has earlier philosophical roots and is considered to be at the core of democratic theories of government, often paired ...

for the case to be tried in the Magistrate's Court. In doing so the Centenier will discuss the evidence with the accused person and, if the offence is minor, possibly agree to 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 ba ...

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). The accused may at any time elect to have the case referred to the Magistrate. Sanctions which can be imposed include: * no further action/'words of advice' * a written

caution Caution may refer to: * Prudence * A precautionary statement, describing a potential hazard * A police caution, an alternative to prosecution for a criminal offence in some countries such as the United Kingdom and Australia * A statement read by a ...

* a

fine Fine may refer to: Characters * Fran Fine, the title character of ''The Nanny'' * 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 (p ...

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 Probation in criminal law is a period of supervision over an offence (law), offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incar ...

service These sanctions are not

conviction In law, a conviction is the determination by a court of law that a defendant is Guilty (law), guilty of a crime. A conviction may follow a guilty plea that is accepted by the court, a jury trial in which a verdict of guilty is delivered, or a ...

s 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 'recurring', derived from 'again' and 'to fall') is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior, or have been trained to Extinction (psycholo ...

, and a high level of satisfaction amongst victims.

Inquests

In the case of a sudden or unexpected death on 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 cor ...

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. The status and any domain held by a viscount is a viscounty. In the case of French viscounts, the title is ...

is the

coroner A coroner is a government or judicial official who is empowered to conduct or order an inquest into the manner or cause of death. The official may also 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 * Health and Safety Appeal Tribunal * Health Services Disciplinary Tribunal * Data Protection Tribunal * Rent Control Tribunal * Rate Appeal Board * Social Security Tribunal, * Mental Health Review Tribunal which is also the Capacity Law Review Tribunal * Charity Tribunal. * Investigatory Powers Tribunal In 2017, the Jersey Law Commission recommended reform of Jersey's administrative tribunals, proposing the creation of a single tribunal (the Jersey Administrative Appeals Tribunal).

States of Jersey Complaints Panel

The States of Jersey Complaints Panel provides a route for islanders to address grievances concerning administrative decisions made by ministers or Government of Jersey departments. If internal complaint processes fail to resolve the issue, individuals can escalate their concerns to this panel. The panel was established under the Administrative Decisions (Review) (Jersey) Law 1982 and is managed by the Greffier of the States and a panel of lay volunteers. In 2000, the Clothier Review of Jersey’s governance framework proposed replacing the Complaints Panel with a professional

ombudsperson An ombudsman ( , also ) is a government employee who investigates and tries to resolve complaints, usually through recommendations (binding or not) or mediation. They are usually appointed by the government or by parliament (often with a sign ...

. Similarly, the Jersey Law Commission recommended the creation of a Jersey Public Services Ombudsperson in 2017. Although the Council of Ministers endorsed this recommendation in 2022, the matter is under review as of 2024.

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 Kin ...

, as part of the

Free Access to Law Movement The Free Access to Law Movement (FALM) is the international organization devoted to providing free online access to legal information such as case law, legislation, treaties, law reform proposals and legal scholarship. The movement began in 1992 ...

. 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 A or is a compilation of judicial opinions from a selection of case law decided by courts. These reports serve as published records of judicial decisions that are cited by lawyers and judges for their use as precedent in subsequent cases. Hi ...

References

External links

* {{Judiciaries of Europe Judiciary of Jersey Law of Jersey

Organisations based in Jersey