The bailiff is the chief justice in each of the

Channel Island The Channel Islands ( nrf, Îles d'la Manche; french: îles Anglo-Normandes or ''îles de la Manche'') are an archipelago in the English Channel, off the French coast of Normandy. They include two Crown Dependencies: the Bailiwick of Jersey, ...

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. The bailiwick is probably modelled on th ...

s of

Guernsey Guernsey (; Guernésiais: ''Guernési''; french: Guernesey) is an island in the English Channel off the coast of Normandy that is part of the Bailiwick of Guernsey, a British Crown Dependency. It is the second largest of the Channel Islands ...

and

Jersey Jersey ( , ; nrf, Jèrri, label= Jèrriais ), officially the Bailiwick of Jersey (french: Bailliage de Jersey, links=no; Jèrriais: ), is an island country and self-governing Crown Dependency near the coast of north-west France. It is the ...

, also serving as president of the legislature and having ceremonial and executive functions. Each bailiwick has possessed its own

bailiff A bailiff (from Middle English baillif, Old French ''baillis'', ''bail'' "custody") is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their o ...

since the islands were divided into two

jurisdictions Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Ju ...

in the 13th century. The bailiffs and deputy bailiffs are appointed by

the Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has differ ...

on the advice of the

Secretary of State for Justice The secretary of state for justice, also referred to as the justice secretary, is a secretary of state in the Government of the United Kingdom, with responsibility for the Ministry of Justice. The incumbent is a member of the Cabinet of the Un ...

(not by the governments or legislatures of the islands) and may hold office until retirement age (65 in Guernsey, 70 in Jersey).

Roles of the bailiffs

Originally, the bailiff was both legislator and judge, but the position has become increasingly concentrated on the judicial functions. The bailiff presides in the main

trial court A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...

in his island – the

Royal Court of Jersey 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 ...

and the

Royal Court of Guernsey The Courts of Guernsey are responsible for the administration of justice in the Bailiwick of Guernsey, one of the 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 l ...

, where they sit with

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 the ...

s, elected lay judges responsible for making finds of fact. The bailiff of each island is also a member of the court of appeal in his island, and that of the other. The bailiffs are the presidents ( presiding officers) of the legislatures—the States of Jersey Assembly and the States of Deliberation in Guernsey. Constitutional changes introduced in Jersey (2005) and Guernsey (2004) created posts of chief minister and in Jersey (but not in Guernsey) created a ministerial system of government. This has altered the executive functions of the bailiffs but they continue to have a residual executive role (for example, they see any correspondence between the chief minister of their island and the UK government and may be involved in any political decisions affecting the constitutional relationship between the islands and the United Kingdom). Each bailiff continues to be the 'first citizen' of the island, carrying out civil and ceremonial roles. By constitutional convention he or she (though to date there have been no women holders of the office) and the deputy bailiff are invariably selected from among those who have previously held the senior office within the Law Officers of the Crown–the

Procureur A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...

in Guernsey and the Attorney General in Jersey. Bailiffs and deputy bailiffs in modern times have also invariably been qualified as advocates in their respective islands. A deputy bailiff in each bailiwick may preside in the Royal Court and States chamber when the bailiff is not available. Senior

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 the ...

s may be appointed as lieutenant-bailiffs to perform some ceremonial duties in lieu of the bailiff on occasion as well as presiding over judicial proceedings generally of an administrative nature. In 1617 a

Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mo ...

decision clarified the division of civil and military responsibilities between the bailiffs and the lieutenant governors in

and

. For the first time, the Crown laid down the bailiff's precedence over the governor in judicial affairs and in the States chamber.

Bailiff of Guernsey

The Bailiff of

was less clearly delineated as to separation of legislative or administrative and judicial functions than that of the Bailiff of Jersey. He was head of the administration in Guernsey and used to preside over a number of States committees. In 2000, the

European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...

held in ''McGonnell v. United Kingdom'' that there was a breach of Article 6 in Guernsey where the Bailiff or Deputy Bailiff sat as president of the

States of Guernsey The States of Guernsey (french: États de Guernesey), sometimes referred to as the Government of Guernsey, is the parliament and government of the British Crown dependency of Guernsey. Some laws and ordinances approved by the States of Guer ...

when proposed legislation was being debated and then subsequently sat as a judge of the

in a case where that legislation was relevant. The court, noting that there was no suggestion that the Bailiff 'was subjectively biased', stated that the 'mere fact' that this happened was capable of casting doubt on the Bailiff's impartiality. The Bailiff remains civil head of the island, as well as head of the judiciary, the Presiding Officer of the States of Deliberation'.

Bailiff of Jersey

The Bailiff of Jersey (,

Jèrriais (french: Jersiais, also known as the Jersey Language, Jersey French and Jersey Norman French in English) is a Romance language and the traditional language of the Jersey people. It is a form of the Norman language spoken in Jersey, an island i ...

: ) is the chief justice of the island and the presiding officer of the

States Assembly The States Assembly (french: Assemblée des États; 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 o ...

. The position of

was created shortly after the Treaty of Paris 1259 in which the King of England, Henry III, gave up claim to all of the Duchy of Normandy but the Channel Islands. Rather than absorb the islands into the Kingdom of England, a warden (now

lieutenant governor A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-comm ...

) and bailiff were appointed to run the island on his behalf.

Historical development

The origin of the States of Jersey lies in the summoning of representatives of the parishes (the connétable and rectors) to advise the

Royal Court A royal court, often called simply a court when the royal context is clear, is an extended royal household in a monarchy, including all those who regularly attend on a monarch, or another central figure. Hence, the word "court" may also be appl ...

on legislation. The States of Jersey thus evolved a separate identity. Although it was already sitting in the 16th century, the first separate minutes of the meetings were not kept until the 17th century. The Royal Court, under the presidency of the bailiff, originally not only administered the law of the island but also wrote it. As a Crown appointment, the bailiff was a powerful figure and the post was the subject of patronage. From the time of George Carteret in the 1660s onwards the position of bailiff became a political fiefdom of the de Carteret family and the position was de facto hereditary – although many of the de Carteret bailiffs, such as the

Earl Granville Earl Granville is a title that has been created twice, once in the Peerage of Great Britain and once in the Peerage of the United Kingdom. It is now held by members of the Leveson-Gower family. First creation The first creation came in the Pee ...

, preferred to pursue political careers in England. During this period, the absentee bailiffs appointed lieutenant-bailiffs to exercise office. In 1750 Charles Lemprière was appointed lieutenant-bailiff and set about establishing a powerbase by engineering the election and appointments of members of the Lemprière family to office. A succession of weak lieutenant-governors enabled Lemprière to establish an autocratic régime, making the States subservient to the Royal Court and ensuring, by the handpicked appointment of advocates, that opponents would be unable to get legal representation. A threatened shortage of corn sparked popular protest and led to a mob sacking the Royal Court. The bailiff and

s took refuge in

Elizabeth Castle Elizabeth Castle () is a castle and tourist attraction, on a tidal island within the parish of Saint Helier, Jersey. Construction was started in the 16th century when the power of the cannon meant that the existing stronghold at Mont Orgueil wa ...

and petitioned the king. In 1770 Colonel Bentinck, a Dutchman, was appointed lieutenant-governor with instructions to oversee reform. In 1771 it was laid down in Jersey that no laws might be adopted without being passed by the States of Jersey. From this time on the bailiff was to be the chief power in Jersey as president of the States, rather than as president of the Royal Court. The party of ''Charlots'' (conservative supporters of Lemprière who claimed that the States could not pass legislation without the agreement of the Royal Court) were opposed at elections by ''Magots'', and by 1790 the progressive ''Magots'' had majorities in both the Royal Court and the States. In 1826, the long succession of absentee bailiffs came to an end with the appointment of Thomas Le Breton. Under Jean Hammond (bailiff 1858-1880) the role became established as a politically impartial, if paternalistic, presidency. The introduction of deputies into the States in 1857 added to the democratic weight of the legislative assembly, but the bailiff still guided the government of the bailiwick. The States continued to use the Royal Court as their debating chamber until the construction of a dedicated States chamber on an adjacent site in 1887. The process of democratisation through the 19th and 20th centuries shifted the focus of political influence to the elected members of the States. In 1921, the property and financial powers of the Assembly of Governor, Bailiff and Jurats was taken over by the States of Jersey, leaving that assembly with only power to act as

licensing A license (or licence) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license is granted by a party (licensor) to another party (licensee) as an element of an agreeme ...

bench. With the power to levy impôts henceforth in the hands of the States, and with the introduction of the

Income Tax An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Ta ...

law of 1928, the legislators now controlled the budget independently of the bailiff. Alexander Coutanche, appointed in 1935, was the last bailiff appointed before the passage of a law on the bailiff in 1936. He was the last bailiff appointed for life and the last under the sole prerogative of the Crown without the obligation to consult the States of Jersey. Although the need for centralised administration during the German Occupation 1940-1945 made the bailiff a commanding figure in the circumstances of trying to maintain the life of the bailiwick, the constitutional reforms of 1948 which removed the jurats from the States, replacing them with senators, separated more clearly legislature and judiciary. Political leadership now rested more clearly with the senators as purely political senior elected representatives. In 1958 the post of deputy bailiff was introduced to spread the workload of bailiff – the deputy bailiff generally proceeding to replace the bailiff on the latter's retirement or death. Commissions of the Royal Court (acting judges) now ensures that the bailiff never sits on a case which relied on a law that he had taken part in the legislative process for. The States of Jersey Law 2005 removed the bailiff's

casting vote A casting vote is a vote that someone may exercise to resolve a tied vote in a deliberative body. A casting vote is typically by the presiding officer of a council, legislative body, committee, etc., and may only be exercised to break a deadlock ...

in the event of a tied vote in the States chamber. The 2005 law also introduced a ministerial system of government under a chief minister, which further removed the bailiff from involvement in executive decision-making.

Current roles

The modern-day roles of the bailiff are as follows: * Head of the judiciary of Jersey * President of the

( chief justice) * President of the

Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...

, though in practice the bailiff rarely sits in this court * Member of the Court of Appeal of Guernsey * President of the

( presiding officer) * Deputy governor in the absence of the

* President of the College of Electors under the Royal Court (Jersey) Law 1948 for the election of

s (existing jurats, senators, deputies, connétables and all practising advocates and solicitors); the bailiff is a member, but may only vote in the event of a tie after a second ballot * An attendee of the Emergencies Council * President of the Assembly of Bailiff, Governor and Jurats, inter alia responsible for regulating the sale of alcohol. * Responsibility for giving permission for certain types of public entertainment, including theatre, cinema and cabaret performances. Since 1987, an advisory panel appointed by the States Assembly has delegated authority in the name of the bailiff who is not involved in any respect with the decision-making process. * The bailiff has the power to make various judiciary-related appointments: ** Lieutenant bailiffs (usually jurats) and commissioners, any of whom may preside over the Royal Court and exercise other judicial functions of the bailiff as required. ** the magistrate, assistant magistrate and relief magistrates. ** approves the appointment by the Attorney General of

Crown Advocate Crown advocate is a title used in some former British colonies (and until recently in Britain) for a government prosecutor. In former British Colonies and certain British extraterritorial courts the title is (or was) used by the senior government ...

s. ** appoints the

Viscount A viscount ( , for male) or viscountess (, for female) is a title used in certain European countries for a noble of varying status. In many countries a viscount, and its historical equivalents, was a non-hereditary, administrative or judicia ...

. * The bailiff is the civic head of the island, carrying out various ceremonial duties (such as on Liberation Day and Remembrance Sunday) and receiving distinguished visitors to Jersey. * The bailiff has a role as ‘guardian of the constitution’. Outgoing official correspondence to the Ministry of Justice (the UK government department responsible for relations with the island) goes from the bailiff via the lieutenant governor, with input from the attorney general. Incoming correspondence takes the reverse route. The substance of the correspondence is settled by the political decision of the chief minister who is responsible for the island's external relations. The deputy bailiff has a specific function of being the President of the Board of Examiners for the Jersey law examinations.

Proposed reforms

The question whether the office of bailiff should combine roles of chief justice, presiding officer of the legislature and civic functions has long been a matter of debate. The 1947 ''Report of the Committee of the Privy Council on the Proposed Reforms in the Channel Islands'' recommended 'that there should be no alteration in the present functions of the Bailiff'. However, both the Clothier committee and the Carswell review called for reforms. The States of Jersey have not accepted this aspect of the Carswell report. Many prominent islanders do not believe that any change is necessary or desirable.

Notes

References

* * ''Memoirs of Lord Coutanche''