Bailiff (Channel Islands)
Encyclopedia
The Bailiff is the chief justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...

 in each of the Channel Island
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...

 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 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...

 and 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...

, also serving as president of the legislature and having ceremonial and executive functions. Each bailiwick has possessed its own bailiff
Bailiff
A bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...

 since the islands were divided into two jurisdictions in the 13th century. The Bailiffs and Deputy Bailiffs are appointed by the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...

 (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
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...

 in his island— the Royal Court of Jersey and the Royal Court of Guernsey, where they sit with Jurat
Jurat
Jurat is the name given to the clause at the foot of an affidavit showing when, where, and before whom the actual oath was sworn or affirmation was made....

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
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...

) of the legislatures—the States of Jersey 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....

 and the States of Deliberation
States of Guernsey
The States of Guernsey is the parliament of the island of Guernsey. Some laws and ordinances approved by the States of Guernsey also apply to Alderney and Sark as "Bailiwick-wide legislation" with the consent of the governments of those islands...

 in Guernsey.

Constitutional changes introduced in Jersey (2005) and Guernsey (2004) created posts of chief minister and ministerial systems of government. This has altered the executive functions of the Bailiffs but they continue to have a residual executive role (for example, they see 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
Constitutional convention (political custom)
A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most...

 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 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 Jurats 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
Privy Council of England
The Privy Council of England, also known as His Majesty's Most Honourable Privy Council, was a body of advisers to the sovereign of the Kingdom of England...

 decision clarified the division of civil and military responsibilities between the Bailiffs and the Lieutenant Governors in Guernsey
Lieutenant Governor of Guernsey
The Lieutenant Governor of Guernsey is the representative of the British monarch in the Bailiwick of Guernsey, a Crown dependency of the British Crown. The role of the Lieutenant Governor is to act as the de facto head of state in Guernsey and as liaison between the governments of Guernsey and the...

 and Jersey
Lieutenant Governor of Jersey
The Lieutenant Governor of Jersey is the representative of the British monarch in the Bailiwick of Jersey, a Crown dependency of the British Crown....

. 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 Guernsey 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 presided over a number of States Committees, functions now abolished.

In 2000, the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...

 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
States of Guernsey
The States of Guernsey is the parliament of the island of Guernsey. Some laws and ordinances approved by the States of Guernsey also apply to Alderney and Sark as "Bailiwick-wide legislation" with the consent of the governments of those islands...

 when proposed legislation was being debated and then subsequently sat as a judge of the Royal Court of Guernsey 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.

Bailiff of Jersey

The position of Bailiff was created shortly after the Treaty of Paris 1259
Treaty of Paris (1259)
The Treaty of Paris was a treaty between Louis IX of France and Henry III of England, agreed to on December 4, 1259....

 in which the King of England, Henry III
Henry III of England
Henry III was the son and successor of John as King of England, reigning for 56 years from 1216 until his death. His contemporaries knew him as Henry of Winchester. He was the first child king in England since the reign of Æthelred the Unready...

, 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
Lieutenant Governor of Jersey
The Lieutenant Governor of Jersey is the representative of the British monarch in the Bailiwick of Jersey, a Crown dependency of the British Crown....

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

Historical development

The origin of the States of Jersey
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....

 lies in the summoning of representatives of the parishes (the Connétables and Rectors) to advise the Royal Court
Courts of Jersey
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....

 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
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...

, 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
George Carteret
Vice Admiral Sir George Carteret, 1st Baronet , son of Elias de Carteret, was a royalist statesman in Jersey and England, who served in the Clarendon Ministry as Treasurer of the Navy...

 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
John Carteret, 2nd Earl Granville
John Carteret, 2nd Earl Granville, 7th Seigneur of Sark, KG, PC , commonly known by his earlier title as Lord Carteret, was a British statesman and Lord President of the Council from 1751 to 1763.-Family:...

, 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 Jurat
Jurat
Jurat is the name given to the clause at the foot of an affidavit showing when, where, and before whom the actual oath was sworn or affirmation was made....

s took refuge in Elizabeth Castle
Elizabeth Castle
Elizabeth Castle is a castle in Saint Helier, Jersey. Construction was started in the 16th century when the power of cannon meant that the existing stronghold at Mont Orgueil was insufficient to defend the Island and the port of St. Helier was vulnerable to attack by ships armed with...

 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 bench. With the power to levy impôts henceforth in the hands of the States, and with the introduction of the Income Tax
Income tax
An income tax is a tax levied on the income of individuals or businesses . Various income tax systems exist, with varying degrees of tax incidence. Income taxation can be progressive, proportional, or regressive. When the tax is levied on the income of companies, it is often called a corporate...

 law of 1928, the legislators now controlled the budget independently of the Bailiff.

Alexander Coutanche
Alexander Coutanche, Baron Coutanche
Alexander Moncrieff Coutanche, Baron Coutanche is a former Bailiff of Jersey and member of the House of Lords in the United Kingdom.-Early life and education:...

, 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
Occupation of the Channel Islands
The Channel Islands were occupied by Nazi Germany for much of World War II, from 30 June 1940 until the liberation on 9 May 1945. The Channel Islands are two British Crown dependencies and include the bailiwicks of Guernsey and Jersey as well as the smaller islands of Alderney and Sark...

 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
Casting vote
A casting vote is a vote given to the presiding officer of a council or legislative body to resolve a deadlock and which can be exercised only when such a deadlock exists...

 in the event of a tied vote in the States Chamber. The 2005 Law also introduced of a ministerial system of government under a chief minister
Chief Minister of Jersey
The Chief Minister of Jersey is the head of government of Jersey. The head of government is not directly elected by the people but rather by the legislature ....

 is further removing 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 the Jersey
    Judiciary of Jersey (list)
    -Currently serving members:The Bailiff of Jersey and the Bailiff of Guernsey are ex officio members of the Court of Appeal. The other currently serving members of the Court in order of seniority are:...

  • President of the Royal Court (Chief Justice
    Chief Justice
    The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...

    )
  • President of the Court of Appeal, though in practice the Bailiff rarely sits in this court
  • Member of the Court of Appeal of Guernsey
  • President of 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....

     (presiding officer
    Speaker (politics)
    The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...

    )
  • Deputy Governor in the absence of the Lieutenant Governor
    Lieutenant Governor of Jersey
    The Lieutenant Governor of Jersey is the representative of the British monarch in the Bailiwick of Jersey, a Crown dependency of the British Crown....

  • President of the College of Electors under the Royal Court (Jersey) Law 1948 for the election of Jurats (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
  • Member 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 taking 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 Advocates.
    • appoints the Viscount.
  • 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 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 reviewcalled for reforms. The States of Jersey
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....

 have not accepted this aspect of the Carswell report. Many prominent islanders do not believe that any change is necessary or desirable.

See also

  • List of Bailiffs of Guernsey
  • List of Bailiffs of Jersey
  • States of Jersey
    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....

  • States of Guernsey
    States of Guernsey
    The States of Guernsey is the parliament of the island of Guernsey. Some laws and ordinances approved by the States of Guernsey also apply to Alderney and Sark as "Bailiwick-wide legislation" with the consent of the governments of those islands...

  • Courts of Jersey
    Courts of Jersey
    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....

  • Bailiff
    Bailiff
    A bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...

  • Law of Jersey
    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...

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