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50-717: 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 States 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

100-476: A day during that period. Honorary Police officers are elected to serve the parish but in certain circumstances may assist or operate outside the parish. Anyone standing for election as a member of the Honorary Police will have to undergo a criminal record check. The Connétables (the civil head of the parish) were formerly the head of the parish honorary police force, but this role has since been transferred to

150-584: A limitation of the time within which actions can be brought, and their Lordships are of the opinion that the language of the section cannot be limited so as to exclude the statute, which for the reasons pointed out by the learned judges were and are so important in the administration of justice in the Colony. Section 92(14) of the Constitution Act, 1867 , also known as the Administration of Justice power, grants

200-674: A monthly meeting that their connétable must attend. Centeniers, Vingteniers and Constables Officers are members of the Honorary Police Association. A Chef de Police is appointed in each Parish from the Centeniers of that Parish and is responsible to the Connétable for the operational policing of the Parish. The Chef de Police of every Parish is a member of the Comité des Chefs de Police and it

250-457: A parish (or to a cueillette in St Ouen) of Jersey. Constable's officers do not have to live within that vingtaine (or cueillette) but must live within the parish at the time of their election. If they move in the interim they are allowed to complete their term of office. They assist both the centeniers and vingteniers of the parish with general policing matters. The Attorney General of Jersey also has

300-463: A period of three years and take an oath in the Royal Court . All Honorary Police officers must live in the parish at the time of their first election or, in the case of St Helier, be a ratepayer or mandataire of that parish. If an officer moves out of the parish during their term of office, they may continue their term of office with the approval of His Majesty's Attorney General and the connétable of

350-407: 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 , and a high level of satisfaction amongst victims. In the case of a sudden or unexpected death on

400-593: A term of three years for a particular vingtaine (or, in St. Ouen , a cueillette) in that parish. Vingteniers, who occupy a rank below that of centenier in the Honorary Police, carry out general community policing in the parish, and fulfill administrative roles within their vingtaine in respect of tasks such as the Visite du Branchage . The office of vingtenier (which is believed to refer to a responsibility of looking after twenty (French: vingt ) households) may date back to 1331, although

450-598: 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. 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

500-564: 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 . Jersey's Magistrate's Court

550-579: Is not actually a court hearing. It is an opportunity for the Centenier (the head of the Honorary Police for the parish) to review the evidence and decide whether it is in the public interest 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 which will avoid

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600-419: Is the role of the Comité to seek to strengthen and uphold the Honorary Police by fostering and maintaining the unity of its members; oversee the management of resources made available to the Honorary Police; co-ordinate the provision of advice and guidance to members of the Honorary Police; promote consistency in operational practice between the Honorary Police of each parish; and foster continued co-operation with

650-513: The Magistrate's Court . Centeniers are, if a person admits to an offence, able to give a written caution, a fined or charged to Court. This is a Parish Hall Sanction and not a criminal record, although the results are still reported to the States of Jersey Police to be placed on the person record. Separate Enquiries are held for youth offences, where Centeniers will try and resolve the situation without

700-604: The States of Jersey Police Service and other agencies. Established on 1 December 2014, the Jersey Honorary Police Long Service and Good Conduct Medal may be awarded to Jersey Honorary Police officers after twelve years service with a clasp awarded for each additional period of nine years service. In addition, officers with a minimum of 5 years service, received the Queen's Jubilee Medals of 2002 , 2012 , 2022 and

750-551: The States of Jersey Police and with other parishes’ Honorary Police in the policing of island events or as needed or requested. Centeniers and vingteniers also assist their parishes with the Visite du Branchage twice yearly and the Visite Royale which happens once every six years. Duty is usually performed for a week on a rota basis. The different parishes differ slightly in their specific arrangements, however, all parishes hold

800-502: The connétable of the parish to maintain law and order. Officers are elected as centeniers , vingteniers or constable's officers , each with various duties and responsibilities. Until the 19th century the Honorary Police provided the only civilian law enforcement in Jersey. However, in the early part of the 19th century, crime was widespread among the urban population in Saint Helier (around 25,000 people) and paid police officers for

850-401: The 15th century, though possibly before. Until the 19th century the Honorary Police provided the only civilian law enforcement in Jersey. However, in the early part of the 19th century, crime was widespread among the urban population in Saint Helier (around 25,000 people) and paid police officers for the Parish of Saint Helier were appointed in 1853 and their remit was later extended to serve

900-538: The Administration of Justice . For the purpose of section 54 of the Criminal Procedure and Investigations Act 1996 , the following are Administration of Justice offences: The offence of perverting the course of justice has been referred to as "interfering with the Administration of Justice" and/or "obstructing the Administration of Justice". Section 6(c) of the Contempt of Court Act 1981 provides that nothing in

950-526: The Administration of Justice in those proceedings, or in any other proceedings pending or imminent, order that the publication of any report of the proceedings, or any part of the proceedings, be postponed for such period as the court thinks necessary for that purpose. Information which is not exempt information by virtue of section 30 of the Freedom of Information Act 2000 is exempt information if its disclosure under that Act would, or would be likely to, prejudice

1000-587: The Administration of Justice" is defined by section 7 of the Criminal Procedure Act 2010 . In England, the Administration of Justice is a prerogative of the Crown . It may be exercised only through duly-appointed judges and courts . The following matters and things pertain to the Administration of Justice: the organisation of the courts; the prerogative of justice, the prerogative of mercy , and any prerogative power to create new courts; nolle prosequi ;

1050-563: The Administration of Justice. Roscoe Pound said: "Dissatisfaction with the administration of justice is as old as the law". Honorary Police#Ranks 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 have, for centuries, been elected by parishioners to assist

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1100-402: The Administration of Justice. An arrestable offence which consisted of making a threat was serious for the purposes of that Act if carrying out the threat would be likely to lead to, amongst other things, serious interference with the Administration of Justice. In any legal proceedings held in public, the court may, where it appears to be necessary for avoiding a substantial risk of prejudice to

1150-804: 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 . 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,

1200-690: The Bailiff of Guernsey . The Youth Appeal Court is made up of the Bailiff and three members of the Youth Court Panel. Further appeals can be made to the Judicial Committee of the Privy Council , but only with special leave. Originating in the 13th century when the King declared that Jersey should continue to follow Norman law , the Royal Court is the principal and oldest court in Jersey. The President of

1250-487: The Chef de Police. The Connétables do still have a supervisory role over the police force and organise with the Chef de Police an annual policing plan for their parish. They also handle complaints against members of the parish police. A centenier is a senior member of the Honorary Police of Jersey . Centeniers are elected for a mandate of three years at a public election within the parish. In addition to general policing matters,

1300-544: The Court is the Bailiff and the Court is otherwise composed of the island's jurats . 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. The Magistrate's and Petty Debts Courts were established by legislation in 1853 to deal with minor criminal and civil cases instead of the Royal Court (although their jurisdiction

1350-510: The Island, an inquest will need to be held to determine the cause of death. The Viscount is the coroner (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. In addition to the courts, there are a number of Tribunals, including: In 2017, the Jersey Law Commission recommended reform of Jersey's administrative tribunals, proposing

1400-431: 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. Prior to 1949 there was no appellate court in Jersey (or Guernsey ). Appeals could be heard by the Judicial Committee of the Privy Council , but this was only possible if special leave

1450-536: The Nullum Tempus Act did not deal merely with procedure. The Lord Chancellor said that the Act 9 Geo 4 c 83 prima facie "applied the Nullum Tempus Act to the Colony in question as much as if it had re-enacted it for that Colony." He then said: Sect. 24 of that Act provides "that all the laws and statutes in force within the realm of England at the passing of this Act" (that is to say, the year 1828) "shall be applied in

1500-498: The Parish of Saint Helier were appointed in 1853 and their remit was later extended to serve the whole island as the States of Jersey Police (SOJP). However, even today the SOJP cannot charge anyone with an offence – charges have to be brought by the centenier of the parish in which the alleged offence was committed – and as such the Honorary Police continue to have a significant role in policing. The Honorary Police have existed since around

1550-609: The Royal Court in the Jersey Judgments series of law reports . Administration of justice In Attorney General for New South Wales v Love (1898), the appellant argued that section 24 of the Act 9 Geo 4 c 83 did not have the effect applying the Nullum Tempus Act (9 Geo 3 c 16) (1768) to New South Wales . Counsel for the appellant said that Whicker v Hume (1858) decided that section 24 referred not to laws generally, but only to laws as to modes of procedure, and that

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1600-439: The administration of justice in the courts of New South Wales," and it is sought by construction to limit the words "all laws and statutes" by introducing into the section the words "having relation to procedure" or some equivalent expression. At least that is the only intelligible mode in which the argument can be supported, because the words which do occur in the section - "in the administration of justice" - would certainly include

1650-411: The appointment, tenure and immunity of judges; the immunity of other participants in legal proceedings; contempt of court ; the composition and availability of juries, any requirement that their verdict be unanimous, and the allowances they receive; the branches of the legal profession; and the provision of legal aid and advice. The Administration of Justice is an act which is normally associated with

1700-595: The carrying on of the business of government. When a government does that act, it is thereby exercising its sovereignty. It would accordingly be a violation of British sovereignty for a foreign government to do that act in British territory without authorisation. Section 2 of the Visiting Forces Act 1952 authorises foreign service courts to exercise their jurisdiction in the United Kingdom. There are offences against

1750-423: The case, the Magistrate subsequently decides that their sentencing powers are insufficient, they may refer the case to the Royal Court for sentencing. 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 disputes. The Youth Court was created in 1994 and is made up of the Magistrate and two members of the Youth Court Panel (which

1800-493: The centenier remains the only officer entitled to charge and bail offenders. The constable of the parish appoints one of the centeniers as chef de police of the parish. Under Jersey law, anyone charged at the States of Jersey Police headquarters must be charged by a centenier of the Honorary Police, and he too will present the charges against an individual if the case is taken to the Magistrate. The centenier presides at parish hall enquiries and acts as prosecuting officer before

1850-492: The creation of a single tribunal (the Jersey Administrative Appeals Tribunal). 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

1900-409: The first recorded reference to the title of vingtenier dates to 1462. The political system of Sark , which was modelled after Jersey's in 1579, also includes a vingtenier. In Sark the sole vingtenier is elected by Chief Pleas as junior to the constable. Constable's officers are the lowest rank of the elected police officers, collectively known as the Honorary Police who represent a vingtaine in

1950-519: The foregoing provisions of that Act restricts liability for contempt of court in respect of conduct intended to impede or prejudice the Administration of Justice. An Arrestable offence , other than one specified in Schedule 5 to the Police and Criminal Evidence Act 1984 , was serious for the purposes of that Act if it led to, or was intended or likely to lead to, amongst other things, serious interference with

2000-662: The matter is under review as of 2024. Judgments of the Royal Court, Court of Appeal and the Employment Tribunal are published online by the Jersey Legal Information Board , as part of the Free Access to Law Movement . 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

2050-451: 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: These sanctions are not convictions but

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2100-525: The need for the young offender to attend Court, and therefore diverting them from obtaining a criminal record whenever possible. If the person does not admit to an offence the Charge is still placed by the Centenier, but the case is handled in Court by a member of the Law Officers Department. A vingtenier is a member of the Honorary Police elected by a parish assembly of electors and ratepayers for

2150-417: The parish and may stand for re-election provided there is no break in service. A person may be nominated for election as a member of the Honorary Police if, on the day of nomination, they are at least 20 years of age and less than 70 years of age. Honorary Police officers are on duty for one week at a time, usually every three or four weeks depending upon the roster within the parish, and are on call 24 hours

2200-449: The provincial legislatures of Canada the authority to legislate on: Section 1 of the Administration of Justice Act (RSO 1990 c A6) provides: In this Act, "administration of justice" means the provision, maintenance and operation of, for the performance of their functions, including any functions delegated to such courts, institutions or offices or any official thereof by or under any Act; (“administration de la justice”) This provision

2250-511: The role of the titular head of the island's Honorary Police force. This is not a formal, but an informal, relationship between the police force and the role of AG. The Attorney General serves to: The tasks are very varied and can include the following: provide foot and mobile patrols, perform speed and road checks, perform premises licence and curfew checks, assisting in searches for missing persons, assist policing major events, centeniers perform parish hall enquiries , assist and co-operate with

2300-473: The whole island as the States of Jersey Police (SOJP). In 2012, the Connétables were removed from their function as the head of the parish police, with the post transferring to the chief Centenier (the Chef de Police). Each parish elects a number of centeniers, vingteniers and constable's officers who act in the name of the connétable of the parish in maintaining law and order. These officers are elected for

2350-499: Was given and was not by right. It was felt that, particularly in criminal cases, this was not satisfactory. Therefore, an Order in Council , the Court of Appeal (Channel Islands) Order 1949 was made by King George VI 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

2400-477: Was originally established in 1853 as the Police Court, and renamed the Magistrate's Court in 1996. The Magistrate can try any criminal offence if they consider that the appropriate sentence is not more than one year in prison 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

2450-568: Was previously section 1 of the Administration of Justice Act (RSO 1980 c 6), which was previously section 1 of Administration of Justice Act (RSO 1970 c 6), which was previously section 1 of Administration of Justice Act 1968 (SO 1968 c 1) (17 Eliz 2 c 1). Queen's Printer copies of the Statutes of the Province of Ontario 1968 describe this provision as "new". This statute replaced the Administration of Justice Expenses Act (RSO 1960 c 5). "Offence against

2500-529: Was ultimately replaced by separate Courts of Appeal in each of the two bailiwicks . 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 from the United Kingdom , the Channel Islands or the Isle of Man. Currently, there are 11 judges of the Court of Appeal , including

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