Courts of Jersey
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TheCourts of Jerseyare responsible for theadministration of justicein theBailiwickofJersey,one of theChannel Islands.They apply thelaw of the Island,which is a mixture of customary law andlegislationpassed by the legislature, theStates 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[edit]
Prior to 1949 there was noappellate courtin Jersey (orGuernsey). Appeals could be heard by theJudicial Committee of the Privy Council,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, anOrder in Council,the Court of Appeal (Channel Islands) Order 1949 was made byKing George VIcreating 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 twobailiwicks.[1]
The Court of Appeal[edit]
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 ofKing's Counselfrom theUnited Kingdom,theChannel Islandsor the Isle of Man.[2][3]Currently, there are 11judges of the Court of Appeal,including the Bailiff ofGuernsey.[4]
Youth Appeal Court[edit]
The Youth Appeal Court is made up of the Bailiff and three members of the Youth Court Panel.[5]
Judicial Committee of the Privy Council[edit]
Further appeals can be made to theJudicial Committee of the Privy Council,but only with special leave.[6]
Royal Court[edit]
Originating in the 13th century when the King declared that Jersey should continue to followNorman law,the Royal Court is the principal and oldest court in Jersey.[7]The President of the Court is the Bailiff and the Court is otherwise composed of the island'sjurats.The Court has jurisdiction over both civil and criminal matters.[8]The Royal Court also conducts theVisites Royales- yearly inspections of each of the parishes.[9]
Lower courts[edit]
The Magistrate's and Petty Debts Courts were established bylegislationin 1853 to deal with minorcriminalandcivilcases instead of the Royal Court (although theirjurisdictionis generally concurrent with that of the Royal Court, rather than exclusive).[10]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 theJersey Frenchof the legislation as theJuge d’Instruction,[11][12]although his role is not the same as the position with the same title ininquisitorial systems.
Magistrate's Court[edit]
Jersey's Magistrate's Court was originally established in 1853 as the Police Court, and renamed the Magistrate's Court in 1996. The Magistrate cantryanycriminal offenceif they consider that the appropriatesentenceis not more than one year inprisonor a fine of £10,000.[13]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.[14]
Petty Debts Court[edit]
The Petty Debts Court deals with civil cases where the value of the claim is no more than £10,000. It also deals withlandlord and tenantdisputes.[15][16]
Youth Court[edit]
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.[17]
Parish Hall Enquiry[edit]
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.[18]
The Enquiry is not actually a court hearing. It is an opportunity for theCentenier(the head of theHonorary Policefor the parish) to review the evidence and decide whether it is in thepublic interestfor the case to be tried in the Magistrate's Court.[19]In doing so the Centenier will discuss the evidence with theaccusedperson and, if the offence is minor, possibly agree to a non-statutorysanctionwhich will avoid the need for the case to go to court. Attendance at the Enquiry is voluntary, the Centenier does not make afinding 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.[18][20]
Sanctions which can be imposed include:[18]
- no further action/'words of advice'
- a writtencaution
- afineof up to £100 for some offences, e.g. minor motoring offences
- deferral of a sanction, dependent on good behaviour
- voluntary supervision by theprobationservice
These sanctions are notconvictionsbut 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.[18]
The Parish Hall Enquiry system has been found to "deal successfully and appropriately with a wide range of offending", to have a low rate ofrecidivism,and a high level of satisfaction amongst victims.[21]
Inquests[edit]
In the case of a sudden or unexpected death on the Island, aninquestwill need to be held to determine the cause of death. TheViscountis thecoroner(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.[22]
Tribunals[edit]
In addition to the courts, there are a number of Tribunals, including:
- Jersey Employment Tribunal[23]
- Commissioners of Appeal for Tax[24]
- States of Jersey Complaints Board[25]
- Health and Safety Appeal Tribunal[26]
- Health Services Disciplinary Tribunal[27]
- Data Protection Tribunal[28]
- Rent Control Tribunal[29]
- Rate Appeal Board[30]
- Social Security Tribunal,[31]
- Mental Health Review Tribunal[32]which is also the Capacity Law Review Tribunal[33]
- Charity Tribunal[34]
- Investigatory Powers Tribunal[35]
Judgments and law reports[edit]
Judgments of the Royal Court, Court of Appeal and the Employment Tribunal are published online by theJersey Legal Information Board,[36]as part of theFree Access to Law Movement.Since 1985, selected judgments containing points of legal principle are formally published in theJersey Law Reports.Selected judgments between 1950 and 1984 were published in 11 volumes by the Royal Court in theJersey Judgmentsseries oflaw reports.
See also[edit]
References[edit]
- ^"The Origin Of The Jersey Court Of Appeal".Jersey Legal Information Board.Retrieved5 February2020.
- ^"Court of Appeal".Jersey Courts. Archived fromthe originalon 22 July 2011.
- ^"Jersey Law Course 2010-11: Civil Procedure"(PDF).Jersey Institute of Law. p. 313. Archived fromthe original(PDF)on 22 July 2011.
- ^"Judiciary".Jersey Legal Information Board.Retrieved5 February2020.
- ^"Jersey Law Course 2010-11: Criminal Procedure"(PDF).Jersey Institute of Law. p. 184. Archived fromthe original(PDF)on 22 July 2011.
- ^"Privy Council".Jersey Courts. Archived fromthe originalon 22 July 2011.
- ^"Jersey's judicial system: the Royal Court"(PDF).Jersey Heritage. Archived fromthe original(PDF)on 26 June 2011.
- ^"Jurats".Jersey Courts. Archived fromthe originalon 22 July 2011.
- ^Bailhache, Philip (June 1998)."The Visite Royale And Other Humbler Visits".Jersey Law Review.2(2). Archived fromthe originalon 3 March 2016.Retrieved2 September2012– viaJersey Legal Information Board.
- ^"Loi Etablissant la Cour pour la Repression des Moindres Delits".Jersey Law. 1853.Retrieved5 February2020.
- ^"Loi (1864) concernant la charge de Juge d'Instruction".Jersey Legal Information Board.Jersey Law. 1 January 2019.Retrieved5 February2020.
- ^"Proposition 148/2010"(PDF).States of Jersey. 19 October 2010. Archived fromthe original(PDF)on 22 July 2011.Retrieved1 February2011.
- ^"Magistrate's Court (Miscellaneous Provisions) (Jersey) Law 1949".Jersey Legal Information Board.Retrieved22 October2020.[permanent dead link]
- ^"Jersey Law Course 2010-11: Criminal Procedure"(PDF).Jersey Institute of Law. pp. 11–12. Archived fromthe original(PDF)on 22 July 2011.Retrieved1 February2011.
- ^"Jersey Law Course 2010-11: Civil Procedure"(PDF).Jersey Institute of Law. pp. 19–20. Archived fromthe original(PDF)on 22 July 2011.Retrieved1 February2011.
- ^"Magistrate's and Youth Court".Jersey Courts. Archived fromthe originalon 22 July 2011.Retrieved1 February2011.
- ^"Jersey Law Course 2010-11: Criminal Procedure"(PDF).Jersey Institute of Law. p. 182. Archived fromthe original(PDF)on 22 July 2011.Retrieved1 February2011.
- ^abcd"Parish Hall Enquiries".Jersey Courts. Archived fromthe originalon 22 July 2011.Retrieved21 February2011.
- ^"Parish Hall Enquiries: Code on Decision to Prosecute".Jersey Honorary Police. January 2000.Retrieved1 February2011.
- ^"Parish Hall Enquiries: Centeniers Guidance notes".Jersey Honorary Police. January 2000.Retrieved1 February2011.
- ^Miles, Helen; Raynor, Peter (September 2005)."The conduct and effectiveness of Parish Hall Enquiries"(PDF).Jersey Probation Service. pp. 15–17.Retrieved1 February2011.
- ^"Coroner's functions".States of Jersey.
- ^"Jersey Employment Tribunal".Retrieved9 July2012.
- ^"About the Commissioners of Appeal".States of Jersey.Retrieved27 September2015.
- ^"How to complain to the States of Jersey Complaints Board"(PDF).States of Jersey.Retrieved27 September2014.
- ^"Health and Safety Appeal Tribunal".States of Jersey.Retrieved9 July2012.
- ^"Health Service Disciplinary Tribunal - appointment of Chairman and Members"(PDF).States Assembly. 7 June 2011.Retrieved9 June2024.
- ^"Data Protection Tribunal".Office of the Data Protection Commissioner.Retrieved9 July2012.
- ^"Rent Control Tribunal".States of Jersey. Archived fromthe originalon 27 June 2012.Retrieved9 July2012.
- ^"Rate Appeal Board Report 2023"(PDF).parish.gov.je.Retrieved9 June2024.
- ^"If you think a Social Security decision is wrong".States of Jersey.Retrieved9 July2012.
- ^"Mental Health (Jersey) Law 2016".Jersey Legal Information Board.Retrieved5 February2020.
- ^"Capacity and Self-Determination (Jersey) Law 2016 - Code of Practice (see Chapter 13)"(PDF).States of Jersey Health & Community Services. 2018.Retrieved9 June2024.
- ^"Charities (Jersey) Law 2014, Part 8".Jersey Legal Information Board.Retrieved9 June2024.
- ^"Regulation of Investigatory Powers (Jersey) Law 2005".Jersey Legal Information Board.Retrieved9 June2024.
- ^"Jersey Law - Home".Jersey Legal Information Board.
External links[edit]
