Courts of Jersey
Encyclopedia
The Courts of Jersey are responsible for the administration of justice in the Bailiwick
Bailiwick
A bailiwick is usually the area of jurisdiction of a bailiff, and may also apply to a territory in which the sheriff's functions were exercised by a privately appointed bailiff under a royal or imperial writ. The word is now more generally used in a metaphorical sense, to indicate a sphere of...

 of Jersey
Jersey
Jersey, officially the Bailiwick of Jersey is a British Crown Dependency off the coast of Normandy, France. As well as the island of Jersey itself, the bailiwick includes two groups of small islands that are no longer permanently inhabited, the Minquiers and Écréhous, and the Pierres de Lecq and...

, one of the Channel Islands
Channel Islands
The Channel Islands are an archipelago of British Crown Dependencies in the English Channel, off the French coast of Normandy. They include two separate bailiwicks: the Bailiwick of Guernsey and the Bailiwick of Jersey...

. They apply the law of the Island
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. The Bailiwick of Jersey is a separate jurisdiction from that of the United Kingdom, and is also distinct from that of the other Channel...

, which is a mixture of customary law and legislation passed by the legislature, the States Assembly
States of Jersey
The States of Jersey is the parliament and government of Jersey.The Assembly of the States of Jersey has exercised legislative powers since 1771, when law-making power was transferred from the Royal Court of Jersey....

.

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 (the head of the Honorary Police
Honorary Police
There is an Honorary Police force in each of the 12 parishes of Jersey. Members of the Honorary Police are elected by the voters of the parish in which they serve, and are unpaid....

 for the parish) to review the evidence and decide whether it is in the public interest
Public interest
The public interest refers to the "common well-being" or "general welfare." The public interest is central to policy debates, politics, democracy and the nature of government itself...

 for the case to be tried in the Magistrate's Court. In doing so the Centenier will discuss the evidence with the accused
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...

 person and, if the offence is minor, possibly agree a non-statutory sanction
Sanctions (law)
Sanctions are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations. Criminal sanctions can take the form of serious punishment, such as corporal or capital punishment, incarceration, or severe fines...

 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
    Police caution
    A police caution is a formal alternative to prosecution in minor cases, administered by the police and other law enforcement agencies in England and Wales, and in Hong Kong...

  • a fine of up to £100 for some offences, e.g. minor motoring offences
  • deferral of a sanction, dependant on good behaviour
  • voluntary supervision by the probation
    Probation
    Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...

     service


These sanctions are not conviction
Conviction
In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal . In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal...

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
Recidivism is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior...

, and a high level of satisfaction amongst victims.

Lower courts

The Magistrate's and Petty Debts Courts were established by legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...

 in 1853 to deal with minor criminal
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...

 and civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...

 cases instead of the Royal Court (although their jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

 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
Jersey Legal French
Jersey Legal French, also known as Jersey French, is the official dialect of French used administratively in Jersey. Since the anglicisation of the island, it survives as a written language for some laws, contracts, and other documents. Jersey's parliament, the States of Jersey, is part of the...

 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 the Magistrate's Court, which was renamed in 1996, can try
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...

 any criminal offence
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...

 if the Magistrate considers that the appropriate sentence
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...

 is not more than one year in prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...

 or a fine of £5,000. 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
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...

 where the value of the claim is no more than £10,000, and also with landlord and tenant 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
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...

 is aged under 18, unless the likely sentence means that the case needs to be sent to the Royal Court.

Royal Court

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.

History

The Court has its origins in the 13th century when, following the English Crown's loss of the Duchy of Normandy
Duchy of Normandy
The Duchy of Normandy stems from various Danish, Norwegian, Hiberno-Norse, Orkney Viking and Anglo-Danish invasions of France in the 9th century...

, King John decreed that Jersey should continue to be subject to Norman customary law
Norman law
Norman law refers to the customary law of Normandy which developed between the 10th and 13th centuries following the establishment of the Vikings there and which survives today still through the legal systems of Jersey and Guernsey in the Channel Islands....

. The Royal Court exercised both judicial and legislative
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...

 functions for the Island, although the power to make laws moved to the States Assembly
States of Jersey
The States of Jersey is the parliament and government of Jersey.The Assembly of the States of Jersey has exercised legislative powers since 1771, when law-making power was transferred from the Royal Court of Jersey....

 in the 15th century.

Judiciary

The Bailiff
Bailiff (Channel Islands)
The Bailiff is the chief justice in each of the Channel Island bailiwicks of Jersey and Guernsey, 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...

 of Jersey is the President of the Royal Court (and also of the Court of Appeal). Individual trials may be heard before the Bailiff, the Deputy Bailiff (also a full-time role) or a Commissioner. Commissioners are part-time judges, appointed from the ranks of judges in the Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...

 or senior experienced lawyers from the Channel Islands, United Kingdom or the Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...

, either for defined periods of time or for specific cases. The Master
Master (judiciary)
A Master is judicial officer found in the courts of England and in numerous other jurisdictions based on the common law tradition. A master's jurisdiction is generally confined to civil proceedings and is a subset of that of a judge. Masters are typically involved in hearing motions, case...

 of the Royal Court deals with some preliminary matters in civil cases. The Court is supported by the Judicial Greffier
Greffier
In the Channel Islands, the Greffier is the clerk to the legislature or a court. The word Greffier is French in origin. The word Greffe refers to the records kept by the Greffier or the department of government under the Greffier's management....

 who fulfils the role of Registrar.

In addition to the judge, the Royal Court includes the Jurats. They are unpaid lay people, aged 40 or more, who have been elected by an electoral college
Electoral college
An electoral college is a set of electors who are selected to elect a candidate to a particular office. Often these represent different organizations or entities, with each organization or entity represented by a particular number of electors or with votes weighted in a particular way...

. They hold the office until the age of 72. The Jurats decide issues of fact in criminal and civil trials (except criminal assizes, when a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...

 is empanelled), hand down sentences in criminal trials and award damages in civil trials.

Civil jurisdiction

Three divisions of the Court deal solely with civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...

 matters. The Héritage division decides cases concerning land and immovable property
Immovable property
Immovable property is an immovable object, an item of property that cannot be moved without destroying or altering it - property that is fixed to the Earth, such as land or a house. In the United States it is also commercially and legally known as real estate and in Britain as property...

. The Family division deals with divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...

, adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...

 and the care of children. The Probate division is concerned with will
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...

s and inheritance
Inheritance
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...

.

The Samedi division deals with all other civil cases coming before the Royal Court. It previously sat on a Saturday, hence the name (Samedi is the French word for Saturday), but now sits on Fridays.

When exercising civil jurisdiction, the Royal Court almost always sits as the Inferior Number – that is, comprising the Bailiff
Bailiff (Channel Islands)
The Bailiff is the chief justice in each of the Channel Island bailiwicks of Jersey and Guernsey, 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...

 (or the Deputy Bailiff, or a Commissioner) and two Jurats.

Criminal jurisdiction

As well as hearing civil cases, the Samedi division of the Royal Court also hears criminal cases. There are three ways in which a case can be tried: by the Inferior Number of the Royal Court, by an assize sitting or (for sentencing only) by the Superior Number.

The Inferior Number of the Royal Court tries offences (termed 'contraventions') defined in statute law or (where the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...

 agrees) offences against customary law. It also deals with bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...

 applications. When sitting as the Inferior Number, the Court is made up of the Bailiff
Bailiff (Channel Islands)
The Bailiff is the chief justice in each of the Channel Island bailiwicks of Jersey and Guernsey, 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...

 (or the Deputy Bailiff, or a Commissioner) and two Jurats. There is no jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...

, and the Jurats are the judges of fact. The Inferior Number may hand down a sentence of up to four years imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....

. If it believes that a heavier sentence is appropriate, it must refer the case to the Superior Number for sentencing.

The Inferior Number also hears appeals against decisions of the Magistrates' Court. There is generally no onward appeal.

An assize sitting of the Royal Court is used when the defendant is charged with an offence (called 'crimes' for the more serious offences, and 'délits' for the less serious ones) against customary law. The case is tried by a judge (the Bailiff or Deputy or a Commissioner) and a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...

 of 12 citizens.

The Superior Number of the Royal Court only has a role in respect of sentencing, either on reference or appeal from the Inferior Number. Unlike the Inferior Number, it can impose any sentence allowed by law, including imprisonment for more than four years. The Superior Number is made up of the judge and five or more Jurats.

Appeal courts

Prior to 1949 there was no Court of Appeal in Jersey (or Guernsey
Guernsey
Guernsey, officially the Bailiwick of Guernsey is a British Crown dependency in the English Channel off the coast of Normandy.The Bailiwick, as a governing entity, embraces not only all 10 parishes on the Island of Guernsey, but also the islands of Herm, Jethou, Burhou, and Lihou and their islet...

). Appeals could be heard by the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...

, 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 of the United Kingdom
George VI was King of the United Kingdom and the Dominions of the British Commonwealth from 11 December 1936 until his death...

 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
Bailiwick
A bailiwick is usually the area of jurisdiction of a bailiff, and may also apply to a territory in which the sheriff's functions were exercised by a privately appointed bailiff under a royal or imperial writ. The word is now more generally used in a metaphorical sense, to indicate a sphere of...

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 Queen’s Counsel from the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

, the Channel Islands
Channel Islands
The Channel Islands are an archipelago of British Crown Dependencies in the English Channel, off the French coast of Normandy. They include two separate bailiwicks: the Bailiwick of Guernsey and the Bailiwick of Jersey...

 or the Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...

. Currently, there are 11 judges of the Court of Appeal, including the Bailiff of Guernsey
Guernsey
Guernsey, officially the Bailiwick of Guernsey is a British Crown dependency in the English Channel off the coast of Normandy.The Bailiwick, as a governing entity, embraces not only all 10 parishes on the Island of Guernsey, but also the islands of Herm, Jethou, Burhou, and Lihou and their islet...

.

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
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...

, but only with special leave.

Judgments and law reports

Judgments of the Royal Court and Court of Appeal are published online by the Jersey Legal Information Board, as part of the Free Access to Law Movement
Free Access to Law Movement
The Free Access to Law Movement is the umbrella name for the collective of legal projects across several common law countries to provide free online access to legal information such as case law and legislation. The movement began in 1992 with the creation of the Cornell Law School Legal Information...

. 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
Law Reports
The Law Reports is the name of a series of law reports published by the Incorporated Council of Law Reporting.The Council maintains that they are "'the most authoritative reports' and should always be 'cited in preference where there is a choice'." This series is now divided into four main...

.
The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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