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

Royal_Court_States_Building_Saint_Helier_Jersey

The Court has its origins in the 13th century when, following the English Crown's loss of those portions of the Duchy of Normandy which are on the European mainland, King John decreed that Jersey should continue to be subject to Norman customary law. The Royal Court exercised both judicial and

legislative A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...

functions for the Island, although the power to make laws moved to the States Assembly in the 15th century.

Judiciary

The

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 ...

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 A commissioner (commonly abbreviated as Comm'r) is, in principle, a member of a commission or an individual who has been given a commission (official charge or authority to do something). In practice, the title of commissioner has evolved to in ...

. Commissioners are part-time judges, appointed from the ranks of judges in the

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or senior experienced lawyers from the Channel Islands, United Kingdom or the

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, either for defined periods of time or for specific cases. The master of the Royal Court deals with some preliminary matters in civil cases. The Court is supported by the judicial

greffier A greffier is the clerk to a legislature or a court in some countries where French is, or used to be, the language of the legal system. The word greffe refers to the records kept by the greffier or the department of government under the greffier ...

who fulfils the role of

clerk of the court A court clerk (British English: clerk to the court or clerk of the court ; American English: clerk of the court or clerk of court ) is an officer of the court whose responsibilities include maintaining records of a court, administer oaths to wit ...

. 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. 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 A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England d ...

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 matters. The ''Héritage'' division decides cases concerning

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and

immovable property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixe ...

. The Family division deals with

divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving th ...

adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, fro ...

and the care of children. The Probate division is concerned with wills and

inheritance Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Of ...

. 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 (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. Royal_Court_of_Jersey_(interior)

The Inferior Number of the Royal Court tries offences (termed 'contraventions') defined in statute law or (where the

defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisd ...

agrees) offences against

customary law A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudina ...

. It also deals with

bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countrie ...

applications. When sitting as the Inferior Number, the court is made up of the bailiff (or the deputy bailiff, or a commissioner) and two jurats. There is no jury, and the jurats are the judges of fact. The Inferior Number may hand down a sentence of up to four years

imprisonment Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is " false imprisonment". Imprisonment does not necessar ...

. 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 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.

Visite Royale

A ''Visite Royale'' is an annual ambulatory inspection by the Royal Court of one of the

parishes of Jersey The parishes of Jersey ( Jerriais: ) are the civil and religious administrative districts of Jersey in the Channel Islands. Jersey has a unitary system of governance and all the powers and administration of the parishes are governed by laws e ...

. Since 1803 the alternation of the ''visites'' has been fixed so that each parish is visited once every six years. The origin of the custom goes back to the jurisdiction of 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 ...

over the roads and paths of the Duchy of Normandy. The court inspects the parish accounts (although since modern practice is that accounts are professionally audited, this is a formality) and receives a report on policing and other matters from the '' connétable'' and '' chef de police''. A panel of twelve ''voyeurs'', made up of notable Parishioners nominated by the Connétable, is sworn in and leads the court on a circuit of roads around the parish, drawing the court's attention along the way to transgressions and encroachments that require judgment. The jurisdiction of the Visite Royale is to make "any order designed to ensure the rights of the public lawfully to use the public roads and pathways of the Island without obstruction, or inconvenience." Judgment is given on the spot, although this may be an order that further investigations should take place and be reported to the Royal Court at a later date.

References

{{Reflist Jersey