Law of Jersey
Encyclopedia
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 Islands
such as Guernsey
, although they do share some historical developments. Jersey's legal system is 'mixed' or 'pluralistic
', and sources of law are in French and English languages, although since the 1950s the main working language
of the legal system is English.
makes legislation
affecting most areas of activity.
' providing a two to six week breathing space for Members to read the draft Law. Under Article 16 of the Human Rights (Jersey) Law 2000, the Minister or other person lodging the projet au Greffe must make a written statement that the provisions of the projet are compatible with Convention rights or 'make a statement that although [he or she] is unable to make a statement of compatibility, [he or she] nevertheless wants the States to proceed with the projet'. At the next 'second reading' stage, there is a formal debate in the States chamber during which members consider the principle of the projet and then scrutinise the draft in detail. At 'third reading' stage there is an opportunity for minor drafting errors to be corrected. Finally, members vote to adopt the law.
The Law is then submitted via the Lieutenant Governor
's office for transmission to London, where officials in the Ministry of Justice
examine the Law. In 2010, the House of Commons Justice Committee was highly critical of the UK Government's approach, finding that 'The Islands are more than adequately advised by their own Law Officers and Parliamentary Counsel. It seems a strange use of Ministry of Justice resources ... to engage in a kind of legislative oversight which does not restrict itself to the constitutional grounds for scrutiny'. This process may take several months. In an unusual move in 2011, campaigners against a Law that sought to reduce the number of Senators in the States petitioned the UK Government to advise the Queen to refuse Royal Assent. Once official scrutiny is complete in London, the Law is formally presented to Her Majesty for Royal Assent
at a meeting of the Privy Council
, usually held at Buckingham Palace or Windsor Castle.
After a Law receives Royal Assent, the final step is for it be registered with the Royal Court of Jersey. At this point it is 'passed'. The Law is then brought into force at a date decided by the relevant Jersey minister. There may be a considerable delay between a Law being passed and it becoming legally effective if, for example, civil servants need to be trained, computer systems put in place or money found to pay for the new scheme.
Laws adopted and passed are published in print as Recueil de Lois de Jersey and online by the Jersey Legal Information Board on the Jersey Law website.
is to look for evidence of what is "generally accepted usage and practice".
Many rules of customary law have crystalised to such an extent (through repeated acknowledgment by the Royal Court and in the way people conduct their affairs) that everyone accepts them as binding without discussion. The boundaries of the Parishes
, the existence of the office of Bailiff and various rules relating to possession of land and inheritance fall into this category. Many rules of customary law are to be found discussed in the texts of the "Commentators" and the case law of the Jersey courts. Where the works of the commentators do not deal with situation,the Jersey courts look at factual evidence to work out is the "generally accepted usage and practice".
The customary law of the Duchy of Normandy
is particularly influential as a source of law in Jersey, even though Jersey ceased to part of Normandy in 1204. Norman law developed in two main epochs–the "Ancienne coutume" (1199-1538) and the "Coutume reformée" (1538-1804).
manuscript around 1199 to 1223. It was translated into French, probably in about 1230. It is thought to be the work of scholars or court officials, designed to be a manual for legal practitioners. A modern edition was compiled from various sources in 1903 by Professor E.J. Tardiff.
Of more importance to Jersey law is "Le Grand Coutume de Normandie" written in the period 1245-58, originally in Latin manuscript (Summa de Legibus). The first printed version dates to 1438. It sets out the law and practice of Normandy in the form of 125 articles. It is probable that the original compiler "was an individual legal practitioner or scholar, rather than it being in any sense an official work".
When in 1309 Edward II of England
sent Justices to Jersey, the people of Jersey were "asked by what law they claimed to be governed, the law of England, of Normandy, or by some special customs of their own? They answered 'By the law of Normandy, and referred the Justices to the Summa of Malcael [the Jersey name for the Grand Coutumier], where the Norman laws are well embodied'... But they added, and this a clause that caused much trouble later, 'except that we have certain customs used in this island from time immemorial".
In the 16th century, two commentaries on the Grand Coutumier, written in Normandy, have been influential in Jersey law. Guillaume Rouillé of Alençon (also known as Le Rouillé) was the author of Le Grant Coustumier du pays & duché de Normendie : tres utile & profitable a tous practiciens (1534; 1539). He also produced commentary on the neighbouring province of Maine
(pictured).
Guillaume Terrien's Commentaires du droit civil, tant public que privé, observé au pays et Duché de Normandie was first published in 1574. Dawes explains: "Terrien’s own work comprised the selecting of texts from the Grand Coutumier, putting them into an order which suited his scheme (even to the point of cutting and pasting quite disparate texts) and then commenting on the resulting amalgam. To this commentary a further author added notes headed 'Additio', more often than not in Latin".
Two modern versions of the text of the Grand Coutumier have been produced. The first was by Jurat
William Laurence de Gruchy entitled L’Ancienne Coutume de Normandie: Réimpression, éditée avec de légères annotations (1881), based on Le Rouillé’s 1539 edition, using a double-column format setting out the Latin and French texts side by side. In 2009, an English translation of the Latin text by J.A. Everard was published.
issued orders that all the customary laws of France should be "redacted", in other words set out systematically and approved under royal authority. The Duchy of Normandy
was the last part of France to comply with this order but the new text was eventually prepared and received royal approval in 1585 by Henry III of France
.
There are two reasons why the Coutume reformée might be thought to have little relevance to Jersey
: it was created 380 years after Jersey had ceased formally to be part of the Duchy of Normandy
and it was a text sanctioned by the king of France. Nonetheless, Jersey lawyers and courts made frequent references to the Coutume reformée and by virtue of its assimilation into Jersey law over the centuries it is regarded as a source of the island's law.
Commentators on the Coutume reformée include:
Within France, customary law was abolished in 1804 with the introduction of uniform codes
of civil and criminal law across the whole of France.
(1609–1691) and Philippe Le Geyt (1635–1716) wrote several works. Some chapters of C.S. Le Gros' 20th century work, Traité du Droit Coutumier d l'Ile de Jersey also remain relevant.
, requires Jersey courts so far as possible to interpret legislation so that it is compatible with rights and freedoms guaranteed by the European Convention on Human Rights
. Jersey public bodies are required to act in conformity with Convention rights.
The conveyancing of immoveable property was carried out using contracts drafted in French until October 2006, after which contracts were required to be in English. Several French words and expressions
used in Jersey differ from Standard French
.
that exist common law jurisdictions such as England and Wales
. The Royal Court is not bound by its own previous decisions on a point of law but it will generally follow them unless persuaded that the earlier decision was wrongly decided. A similar approach is taken by the Court of Appeal. All Jersey courts are, however, bound by points of law decided by the Judicial Committee of the Privy Council
in previous Jersey appeals to that court.
During the 19th and 20th centuries a series of improvements to the system of writing and reporting judgments was put in place. In 1885, the Royal Court began to publish the Tables des Décisions de la Cour Royal de Jersey–a subject index to decided cases, prepared by the Greffier
.
In 1950, C.T. Le Quesne KC
returned to Jersey from practice at the English Bar
and was appointed Lieutenant Bailiff. Up to this point, the Royal Court's judgments were in the French style of jugements motivés, written in French by the Greffier
rather than the judge, and expressing the reasons for the court's decision only very briefly. Le Quesne changed the language of judgments to English and adopted the common law
style of judgments, where the judge gives detailed reasons for accepting or rejecting the rival submissions made at trail by counsel
. Between 1950 and 1984, the Royal Court published its and the Court of Appeal judgments in a series of law reports
known as the Jersey Judgments (eleven volumes in total). From 1984, judgments have been published a new new series of law reports
known as the Jersey Law Reports.
In 2004, the Jersey Legal Information Board (JLIB) was set-up to promote "accessibility of the written law and legal processes to the public and of an integrated and efficient legal system, through the use of information technology and by other means". Judgments of the Royal Court and Court of Appeal are published online on www.jerseylaw.je, with open access to "unreported" judgments as part of the Free Access to Law Movement
.
is the Bailiff, who as well as performing the judicial functions of a chief justice
is also the President (presiding officer
) of the States of Jersey
and has certain civic, ceremonial and executive functions. The Bailiff's functions may be exercised by the Deputy Bailiff.
An appointment process has developed in recent years, without a legislative basis, for vacancies for the Deputy Bailiff, Attorney General for Jersey and Solicitor General for Jersey. This involves advertising for candidates and the preparation of a shortlist by a selection panel consisting of the Bailiff (in the chair), the senior Jurat
and the chairman of the Jersey Appointments Commission. A process of consultation is then carried out, including the Jurats, the States Consultative Panel (which includes the Chief Minister
), a number of elected members of the States, senior lawyers (the Bâtonnier
, the President of the Law Society, the former President of the Law Society of Jersey and the President of the Chambre des Ecrivains), the other Crown Officers and the local Commissioner of the Royal Court. All candidates on the shortlist are then interviewed by the selection panel. A single name is then sent by the Lieutenant Governor to the Secretary of State for Justice.
This process has not been used for appointment to the office of Bailiff on the basis that "The Secretary of State has accepted that the position of Deputy Bailiff is a training ground for the position of Bailiff, and that, therefore, all things being equal, you would expect to move up, assuming of course that you have performed to everyone's satisfaction".
Jurat
s are elected by an electoral college
consisting of the Bailiff, the Jurats, the Connétables, the elected members of the states, advocates and solicitors of the Royal Court.Article 4 of the Voting is by secret ballot.
Commissioners of the Royal Court are appointed by the Bailiff for the hearing of a specified cause or matter or a specified term.
The Bailiff appoints the Magistrate and the Assistant Magistrate (who hold full-time salaried posts) and part-time Relief Magistrates (legal practitioners who carry out duties on a daily fee-paid basis). It is now normal for the Bailiff to convene a panel to advise on salaried appointments.
. This happened in 1992, when the then Deputy Bailiff Vernon Tomes
was dismissed from office by the Home Secretary
(the UK minister who at the time was responsible for the Crown Dependencies) on grounds of his delays in producing written judgments.
Jurats hold office up to the age of 72 years. A Jurat who 'in the opinion of the Court, is permanently unable, through physical or mental incapacity, or for any other reason, efficiently to carry out the duties of the office, may be called upon by the Court to resign'. A Jurat who refuses to resign may be removed from office by Order of Her Majesty in Council on the petition of the Superior Number (the Bailiff and five or more Jurats) of the Royal Court.
The Bailiff may if he 'thinks fit, terminate the appointment of a Commissioner on the ground of incapacity or misbehaviour'.
The Magistrates, who are also appointed by the Bailiff not the Crown, may not be removed from office 'qu’en vertu d’un Ordre de Sa Majesté en Conseil' (except by virtue of an Order of Her Majesty in Council). In June 2008, the Chief Minister informed the States of Jersey
that the Magistrate-Designate (Mr Ian Christmas) has 'agreed not to sit as a judge following a discussion with the former Bailiff as a result of a criminal investigation into an alleged fraud'.
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
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. A Bailiff and Deputy Bailiff in Jersey is able to avoid a McGonnell situation simply by not sitting in the Royal Court in cases concerned with legislation that was debated when he presided in the States
. The current Bailiff, Mr Michael Birt
has conceded that 'we probably need to improve our systems to be very compliant with McGonnell and that one probably ought to keep a running list of those statutes where I have presided so at least I could invite the parities to consider whether they wanted to object or not'. In a recent review chaired by Lord Carswell, set up by the States of Jersey
, a legal opinion was commissioned from Rabinder Singh
QC in which he expressed the view that 'there is no reason in law why the present constitutional arrangements in respect of the Bailiff should be altered. However, the trend suggests that the tide of history is in favour of reform and that the legal position will be different in 10 years time'. The report of Lord Carswell's inquiry concluded that Mr Singh's opinion 'provides an additional reason why the Bailiff should cease to be the President of the States'. 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.
member Mr Stuart Syvret
has argued in legal proceedings in England and Jersey that all members of the Jersey judiciary
lack the appearance of independence and impartiality. In March 2009, the High Court in London refused him permission to commence a judicial review claim against Home Secretary
Jack Straw
. In Jersey, subsequent proceedings related to a criminal prosecution for a data protection offence (he named a former nurse on his blog
, whom he said was guilty of murdering patients), judicial reviews and appeals relating to that criminal case, and a separate civil action brought by Syvret against fellow politicians and Law Officers in connection with his removal from office as minister for health. Syvret argues that he cannot have a fair trial in the island and there is a lack of appearance of independence and impartiality because judges are appointed by the Bailiff
and the other judges have attended social events with the Bailiff. Syvret's arguments relating to lack of independence and impartiality have been rejected by the Royal Court and Court of Appeal in Jersey on a number of occasions between 2009 and 2011.
Some law firms focus on legal practice relating to Jersey's finance industry, the largest being: Appleby
; Bedell Cristin; Carey Olsen
; Mourant Ozannes
; and Ogier
, all of which are regarded as part of the "offshore magic circle"
. Smaller firms and sole practitioners also provide a wide range of legal services. Several law firms now have offices in both Jersey and Guernsey
but the legal professions of the two islands are separate.
The Law Officers of the Crown are responsible for criminal prosecution work and for providing legal advice to the Crown, ministers and other members of the Assembly of the States of Jersey
. The Attorney General and his deputy, the Solicitor General, are non-voting members of the States Assembly.
The process of qualifying as a Jersey lawyer is regulated by the Advocates and Solicitors (Jersey) Law 1997 and is similar for both advocates and solicitors. Since 2009, candidates for the Jersey law examinations are required to enrol on the Jersey Law Course run by the Institute of Law, Jersey. They are required to take five compulsory papers: (i) Jersey legal system and constitutional Law; (ii) Law of contract and the law relating to security on moveable property and bankruptcy; (iii) testate and intestate succession; law of immoveable property and conveyancing; and civil and criminal procedure. In addition, candidates must take one of three option papers: (i) company law; (ii) trusts law; or (iii) family law.
system in Jersey, though the States of Jersey
may exercise discretion to pay defence legal fees in serious criminal trials and in cases involving children. During their first 15 years of practice, Jersey lawyers are required to participate in a scheme organised by the profession to ensure so far as possible that people without sufficient resources are not prevented from pursing or defending civil and criminal cases in the island's courts. The scheme is administered on behalf by the Bâtonnier
(a senior member of the profession). Cases accepted by the Bâtonnier as eligible are allocated to lawyers on the basis of the 'Tour de Rôle' (i.e. according to one's turn). Depending on the litigants' income and assets, lawyers may work pro bono
or charge a reasonable fee in accordance with published guidelines. A lawyer assigned a legal aid case may choose to pay another lawyer to handle the case and several firms have established specialist legal aid departments. There have been numerous and long-standing calls for reform of the present system.
in 1996 to keep Jersey law under review
and bring forward proposals for law reform.
Norman law
Norman law refers to the customary law of Normandy which developed between the 10th and 13th centuries following the establishment of the Vikings there and which survives today still through the legal systems of Jersey and Guernsey in the Channel Islands....
, 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 Islands
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...
such as 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...
, although they do share some historical developments. Jersey's legal system is 'mixed' or 'pluralistic
Legal pluralism
Legal pluralism is the existence of multiple legal systems within one geographic area. Plural legal systems are particularly prevalent in former colonies, where the law of a former colonial authority may exist alongside more traditional legal systems...
', and sources of law are in French and English languages, although since the 1950s the main working language
Working language
A working language is a language that is given a unique legal status in a supra-national company, society, state or other body or organization as its primary mean of communication...
of the legal system is English.
Legislation adopted by the States of Jersey
Jersey's legislature, the States AssemblyStates 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....
makes legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
affecting most areas of activity.
Laws
The highest form of legislation made by the States is 'Laws'. If a proposed Law is likely to be controversial, the general desirability of having new legislation on the topic may be debated before the Law drafted. The procedure for making Laws is set out in the Standing Orders of the States of Jersey. Once the Law is in draft from, it starts the legislative process as a projet de loi, which may be introduced to the States by a Minister, any States Member, a scrutiny panel or the Comité des Connétables. At the stage known as 'first reading', the title of the projet is read out and the projet is 'lodged au GreffeGreffier
In the Channel Islands, the Greffier is the clerk to the legislature or a court. The word Greffier is French in origin. The word Greffe refers to the records kept by the Greffier or the department of government under the Greffier's management....
' providing a two to six week breathing space for Members to read the draft Law. Under Article 16 of the Human Rights (Jersey) Law 2000, the Minister or other person lodging the projet au Greffe must make a written statement that the provisions of the projet are compatible with Convention rights or 'make a statement that although [he or she] is unable to make a statement of compatibility, [he or she] nevertheless wants the States to proceed with the projet'. At the next 'second reading' stage, there is a formal debate in the States chamber during which members consider the principle of the projet and then scrutinise the draft in detail. At 'third reading' stage there is an opportunity for minor drafting errors to be corrected. Finally, members vote to adopt the law.
The Law is then submitted via 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....
's office for transmission to London, where officials in the Ministry of Justice
Ministry of Justice (United Kingdom)
The Ministry of Justice is a ministerial department of the UK Government headed by the Secretary of State for Justice and Lord Chancellor, who is responsible for improvements to the justice system so that it better serves the public...
examine the Law. In 2010, the House of Commons Justice Committee was highly critical of the UK Government's approach, finding that 'The Islands are more than adequately advised by their own Law Officers and Parliamentary Counsel. It seems a strange use of Ministry of Justice resources ... to engage in a kind of legislative oversight which does not restrict itself to the constitutional grounds for scrutiny'. This process may take several months. In an unusual move in 2011, campaigners against a Law that sought to reduce the number of Senators in the States petitioned the UK Government to advise the Queen to refuse Royal Assent. Once official scrutiny is complete in London, the Law is formally presented to Her Majesty for Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
at a meeting of the Privy Council
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
, usually held at Buckingham Palace or Windsor Castle.
After a Law receives Royal Assent, the final step is for it be registered with the Royal Court of Jersey. At this point it is 'passed'. The Law is then brought into force at a date decided by the relevant Jersey minister. There may be a considerable delay between a Law being passed and it becoming legally effective if, for example, civil servants need to be trained, computer systems put in place or money found to pay for the new scheme.
Laws adopted and passed are published in print as Recueil de Lois de Jersey and online by the Jersey Legal Information Board on the Jersey Law website.
Other types of legislation
In Jersey, there are other types of legislation in addition to Laws. These are 'Regulations', 'Triennial Regulations', 'Orders' and 'Rules'.Customary law
Custom is a source of law in the Jersey legal system. It has been described as "the product of generally accepted usage and practice. It has no formal sanction or authority behind it other than the general consensus of opinion within the community". It differs from English common law where rules stated by a judge of a senior court are binding law because they are stated by a judge. In customary law, the role of the judiciaryJudiciary 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:...
is to look for evidence of what is "generally accepted usage and practice".
Many rules of customary law have crystalised to such an extent (through repeated acknowledgment by the Royal Court and in the way people conduct their affairs) that everyone accepts them as binding without discussion. The boundaries of the Parishes
Parishes of Jersey
The Channel Island of Jersey is divided into twelve administrative districts or parishes. All have access to the sea and are named after the saints to whom their ancient parish churches are dedicated.:* Saint Helier...
, the existence of the office of Bailiff and various rules relating to possession of land and inheritance fall into this category. Many rules of customary law are to be found discussed in the texts of the "Commentators" and the case law of the Jersey courts. Where the works of the commentators do not deal with situation,the Jersey courts look at factual evidence to work out is the "generally accepted usage and practice".
The customary law of the Duchy of Normandy
Duchy of Normandy
The Duchy of Normandy stems from various Danish, Norwegian, Hiberno-Norse, Orkney Viking and Anglo-Danish invasions of France in the 9th century...
is particularly influential as a source of law in Jersey, even though Jersey ceased to part of Normandy in 1204. Norman law developed in two main epochs–the "Ancienne coutume" (1199-1538) and the "Coutume reformée" (1538-1804).
Ancienne coutume of Normandy
The northern and western regions of Medieval Europe "were a patchwork of territorial areas in which the main source of law was customs, usages and practices which had become relatively fixed and settled". Norman law was based on oral tradition and repeated practices in Feudal society. The earliest known written account of the Ancienne coutume of Normandy is the "Très-ancienne coutume", first set down in LatinLatin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
manuscript around 1199 to 1223. It was translated into French, probably in about 1230. It is thought to be the work of scholars or court officials, designed to be a manual for legal practitioners. A modern edition was compiled from various sources in 1903 by Professor E.J. Tardiff.
Of more importance to Jersey law is "Le Grand Coutume de Normandie" written in the period 1245-58, originally in Latin manuscript (Summa de Legibus). The first printed version dates to 1438. It sets out the law and practice of Normandy in the form of 125 articles. It is probable that the original compiler "was an individual legal practitioner or scholar, rather than it being in any sense an official work".
When in 1309 Edward II of England
Edward II of England
Edward II , called Edward of Caernarfon, was King of England from 1307 until he was deposed by his wife Isabella in January 1327. He was the sixth Plantagenet king, in a line that began with the reign of Henry II...
sent Justices to Jersey, the people of Jersey were "asked by what law they claimed to be governed, the law of England, of Normandy, or by some special customs of their own? They answered 'By the law of Normandy, and referred the Justices to the Summa of Malcael [the Jersey name for the Grand Coutumier], where the Norman laws are well embodied'... But they added, and this a clause that caused much trouble later, 'except that we have certain customs used in this island from time immemorial".
In the 16th century, two commentaries on the Grand Coutumier, written in Normandy, have been influential in Jersey law. Guillaume Rouillé of Alençon (also known as Le Rouillé) was the author of Le Grant Coustumier du pays & duché de Normendie : tres utile & profitable a tous practiciens (1534; 1539). He also produced commentary on the neighbouring province of Maine
Maine (province)
Le Maine is one of the traditional provinces of France . It corresponds to the old county of Maine, with its center, the city of Le Mans.-Location:...
(pictured).
Guillaume Terrien's Commentaires du droit civil, tant public que privé, observé au pays et Duché de Normandie was first published in 1574. Dawes explains: "Terrien’s own work comprised the selecting of texts from the Grand Coutumier, putting them into an order which suited his scheme (even to the point of cutting and pasting quite disparate texts) and then commenting on the resulting amalgam. To this commentary a further author added notes headed 'Additio', more often than not in Latin".
Two modern versions of the text of the Grand Coutumier have been produced. The first was by 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....
William Laurence de Gruchy entitled L’Ancienne Coutume de Normandie: Réimpression, éditée avec de légères annotations (1881), based on Le Rouillé’s 1539 edition, using a double-column format setting out the Latin and French texts side by side. In 2009, an English translation of the Latin text by J.A. Everard was published.
Coutume Reformée of Normandy
The second period in the development of Norman custom was between 1583 and 1804 and is known as the Coutume reformée (the reformed custom). In 1453, Charles VII of FranceCharles VII of France
Charles VII , called the Victorious or the Well-Served , was King of France from 1422 to his death, though he was initially opposed by Henry VI of England, whose Regent, the Duke of Bedford, ruled much of France including the capital, Paris...
issued orders that all the customary laws of France should be "redacted", in other words set out systematically and approved under royal authority. The Duchy of Normandy
Duchy of Normandy
The Duchy of Normandy stems from various Danish, Norwegian, Hiberno-Norse, Orkney Viking and Anglo-Danish invasions of France in the 9th century...
was the last part of France to comply with this order but the new text was eventually prepared and received royal approval in 1585 by Henry III of France
Henry III of France
Henry III was King of France from 1574 to 1589. As Henry of Valois, he was the first elected monarch of the Polish-Lithuanian Commonwealth with the dual titles of King of Poland and Grand Duke of Lithuania from 1573 to 1575.-Childhood:Henry was born at the Royal Château de Fontainebleau,...
.
There are two reasons why the Coutume reformée might be thought to have little relevance to 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...
: it was created 380 years after Jersey had ceased formally to be part of the Duchy of Normandy
Duchy of Normandy
The Duchy of Normandy stems from various Danish, Norwegian, Hiberno-Norse, Orkney Viking and Anglo-Danish invasions of France in the 9th century...
and it was a text sanctioned by the king of France. Nonetheless, Jersey lawyers and courts made frequent references to the Coutume reformée and by virtue of its assimilation into Jersey law over the centuries it is regarded as a source of the island's law.
Commentators on the Coutume reformée include:
- Henri Basnage de Franquesnay
- Jacques Bathelier d’Aviron
- Josias Bérault
- Jean-Baptiste Flaust
- Jacques Godefroy
- David Hoüard
- Charles Routier.
Within France, customary law was abolished in 1804 with the introduction of uniform codes
Napoleonic code
The Napoleonic Code — or Code Napoléon — is the French civil code, established under Napoléon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs go to the most qualified...
of civil and criminal law across the whole of France.
Jersey commentators on custom
As well as relying on commentaries produced in France, Jersey has an indigenous legal literature on custom. In the 17th century, Jean PoingdestreJean Poingdestre
Jean Poingdestre was a native of Jersey and a supporter of the Royalists in the English Civil War. He was born in the parish of St Saviour, at the Poingdestre fief of Grainville. He graduated at Cambridge, and was made a fellow of Exeter College, Oxford in 1636, after studying Classics,...
(1609–1691) and Philippe Le Geyt (1635–1716) wrote several works. Some chapters of C.S. Le Gros' 20th century work, Traité du Droit Coutumier d l'Ile de Jersey also remain relevant.
Legislative reforms of custom
Many rules of customary law have been amended or abolished by legislation in the later 19th and 20th centuries. Examples of this include:- “Any rule of customary law, that a contract passed before the Royal Court for the transfer of immovable property may be annulled, at the instance of the heirs or devisees, as the case may be, of the transferor, if he or she dies within 40 days of the passing of the contract, is abolished” (Customary Law Amendment (No. 2) (Jersey) Law 1984).
- In customary law, the age of majority was 20 years; the Age of Majority (Jersey) Law 1999 reduces this to 18 years.
- “The rule under customary law that all gifts to a concubine are null is hereby abolished” (Wills and Successions (Jersey) Law 1993).
- Customary law did not permit a cause of action for/against a person to survive the person’s death against/for the benefit of the person’s estate; Customary Law Amendment (Jersey) Law 1948 reversed this situation.
- The année de jouissance (the right of an executor to have the income arising during the administration of a moveable estate for a year and a day) was abolished by the Wills and Successions (Jersey) Law 1993.
Influence of English and French law
Some fields of Jersey, such as negligence and administrative law, are heavily influenced by English common law. In other branches of law, notably contract, Jersey courts may have regard to French civil law.Human rights
The Human Rights (Jersey) Law 2000, based closely on the United Kingdom's Human Rights Act 1998Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
, requires Jersey courts so far as possible to interpret legislation so that it is compatible with rights and freedoms guaranteed by the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
. Jersey public bodies are required to act in conformity with Convention rights.
Language of Jersey law
During the 20th century, the main working language of the Jersey legal system changed from French to English. Before the 1930s, almost all legislation passed by the States Assembly was in French. Since then, French is used only where new legislation makes amendments to legislation originally drafted in French.The conveyancing of immoveable property was carried out using contracts drafted in French until October 2006, after which contracts were required to be in English. Several French words and expressions
Jersey Legal French
Jersey Legal French, also known as Jersey French, is the official dialect of French used administratively in Jersey. Since the anglicisation of the island, it survives as a written language for some laws, contracts, and other documents. Jersey's parliament, the States of Jersey, is part of the...
used in Jersey differ from Standard French
Standard French
Standard French is an unofficial term for a standard variety of the French language...
.
Precedent and law reporting
The Jersey legal system does not follow the strict rules of binding precedentBinding precedent
In law, a binding precedent is a precedent which must be followed by all lower courts under common law legal systems. In English law it is usually created by the decision of a higher court, such as the Supreme Court of the United Kingdom, which took over the judicial functions of the House of...
that exist common law jurisdictions such as England and Wales
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
. The Royal Court is not bound by its own previous decisions on a point of law but it will generally follow them unless persuaded that the earlier decision was wrongly decided. A similar approach is taken by the Court of Appeal. All Jersey courts are, however, bound by points of law decided by the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
in previous Jersey appeals to that court.
During the 19th and 20th centuries a series of improvements to the system of writing and reporting judgments was put in place. In 1885, the Royal Court began to publish the Tables des Décisions de la Cour Royal de Jersey–a subject index to decided cases, prepared by the Greffier
Greffier
In the Channel Islands, the Greffier is the clerk to the legislature or a court. The word Greffier is French in origin. The word Greffe refers to the records kept by the Greffier or the department of government under the Greffier's management....
.
In 1950, C.T. Le Quesne KC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
returned to Jersey from practice at the English Bar
Barristers in England and Wales
Barristers in England and Wales are one of the two main categories of lawyer in England and Wales, the other being solicitors. -Origin of the profession:The work of senior legal professionals in England and Wales...
and was appointed Lieutenant Bailiff. Up to this point, the Royal Court's judgments were in the French style of jugements motivés, written in French by the Greffier
Greffier
In the Channel Islands, the Greffier is the clerk to the legislature or a court. The word Greffier is French in origin. The word Greffe refers to the records kept by the Greffier or the department of government under the Greffier's management....
rather than the judge, and expressing the reasons for the court's decision only very briefly. Le Quesne changed the language of judgments to English and adopted the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
style of judgments, where the judge gives detailed reasons for accepting or rejecting the rival submissions made at trail by counsel
Counsel
A counsel or a counselor gives advice, more particularly in legal matters.-U.K. and Ireland:The legal system in England uses the term counsel as an approximate synonym for a barrister-at-law, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers...
. Between 1950 and 1984, the Royal Court published its and the Court of Appeal judgments in a series of law reports
Law Reports
The Law Reports is the name of a series of law reports published by the Incorporated Council of Law Reporting.The Council maintains that they are "'the most authoritative reports' and should always be 'cited in preference where there is a choice'." This series is now divided into four main...
known as the Jersey Judgments (eleven volumes in total). From 1984, judgments have been published a new new series of law reports
Law Reports
The Law Reports is the name of a series of law reports published by the Incorporated Council of Law Reporting.The Council maintains that they are "'the most authoritative reports' and should always be 'cited in preference where there is a choice'." This series is now divided into four main...
known as the Jersey Law Reports.
In 2004, the Jersey Legal Information Board (JLIB) was set-up to promote "accessibility of the written law and legal processes to the public and of an integrated and efficient legal system, through the use of information technology and by other means". Judgments of the Royal Court and Court of Appeal are published online on www.jerseylaw.je, with open access to "unreported" judgments as part of the Free Access to Law Movement
Free Access to Law Movement
The Free Access to Law Movement is the umbrella name for the collective of legal projects across several common law countries to provide free online access to legal information such as case law and legislation. The movement began in 1992 with the creation of the Cornell Law School Legal Information...
.
Judiciary
The head of the judiciary in JerseyJudiciary 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:...
is the Bailiff, who as well as performing the judicial functions of a 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...
is also the President (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...
) of the States of Jersey
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
and has certain civic, ceremonial and executive functions. The Bailiff's functions may be exercised by the Deputy Bailiff.
Judicial appointments processes
The posts of Bailiff and Deputy Bailiff are Crown appointments, formally made by Her Majesty the Queen, on advice of the UK government's Secretary of State for Justice.An appointment process has developed in recent years, without a legislative basis, for vacancies for the Deputy Bailiff, Attorney General for Jersey and Solicitor General for Jersey. This involves advertising for candidates and the preparation of a shortlist by a selection panel consisting of the Bailiff (in the chair), the senior 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....
and the chairman of the Jersey Appointments Commission. A process of consultation is then carried out, including the Jurats, the States Consultative Panel (which includes the 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 ....
), a number of elected members of the States, senior lawyers (the Bâtonnier
Bâtonnier
In France, the bâtonnier is the primus inter pares among the lawyers of a bar....
, the President of the Law Society, the former President of the Law Society of Jersey and the President of the Chambre des Ecrivains), the other Crown Officers and the local Commissioner of the Royal Court. All candidates on the shortlist are then interviewed by the selection panel. A single name is then sent by the Lieutenant Governor to the Secretary of State for Justice.
This process has not been used for appointment to the office of Bailiff on the basis that "The Secretary of State has accepted that the position of Deputy Bailiff is a training ground for the position of Bailiff, and that, therefore, all things being equal, you would expect to move up, assuming of course that you have performed to everyone's satisfaction".
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 are elected by an electoral college
Electoral college
An electoral college is a set of electors who are selected to elect a candidate to a particular office. Often these represent different organizations or entities, with each organization or entity represented by a particular number of electors or with votes weighted in a particular way...
consisting of the Bailiff, the Jurats, the Connétables, the elected members of the states, advocates and solicitors of the Royal Court.Article 4 of the Voting is by secret ballot.
Commissioners of the Royal Court are appointed by the Bailiff for the hearing of a specified cause or matter or a specified term.
The Bailiff appoints the Magistrate and the Assistant Magistrate (who hold full-time salaried posts) and part-time Relief Magistrates (legal practitioners who carry out duties on a daily fee-paid basis). It is now normal for the Bailiff to convene a panel to advise on salaried appointments.
Removal from office
The Bailiff, Deputy Bailiff and members of the Jersey Court of Appeal 'hold office during good behaviour'. Whereas senior judges in England and Wales who are appointed by Crown may only be removed from office with the consent of both Houses of Parliament, the United Kingdom Secretary of State for Justice may dismiss a Jersey judge appointed by the Crown without the agreement States of JerseyStates 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....
. This happened in 1992, when the then Deputy Bailiff Vernon Tomes
Vernon Tomes
Mr Vernon Amy Tomes was Deputy Bailiff of Jersey in the Channel Islands from 1986 to 1992.- Early years :Tomes was born in St John, Jersey the son of Wilfred James Tomes, a former Connétable of the parish, and Florence Annie Amy...
was dismissed from office by the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
(the UK minister who at the time was responsible for the Crown Dependencies) on grounds of his delays in producing written judgments.
Jurats hold office up to the age of 72 years. A Jurat who 'in the opinion of the Court, is permanently unable, through physical or mental incapacity, or for any other reason, efficiently to carry out the duties of the office, may be called upon by the Court to resign'. A Jurat who refuses to resign may be removed from office by Order of Her Majesty in Council on the petition of the Superior Number (the Bailiff and five or more Jurats) of the Royal Court.
The Bailiff may if he 'thinks fit, terminate the appointment of a Commissioner on the ground of incapacity or misbehaviour'.
The Magistrates, who are also appointed by the Bailiff not the Crown, may not be removed from office 'qu’en vertu d’un Ordre de Sa Majesté en Conseil' (except by virtue of an Order of Her Majesty in Council). In June 2008, the Chief Minister informed 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....
that the Magistrate-Designate (Mr Ian Christmas) has 'agreed not to sit as a judge following a discussion with the former Bailiff as a result of a criminal investigation into an alleged fraud'.
Code of Conduct
All judges in Jersey are bound by a code of conduct promulgated by the Jersey Judicial Association in 2007. This requires judges to 'uphold the integrity and independence of the judiciary and perform their duties with competence, diligence and dedication'.ECHR Article 6
All courts in Jersey are required under Article 6 of the European Convention on Human Rights to be 'independent and impartial'. In 2000, the European Court of Human RightsEuropean 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. A Bailiff and Deputy Bailiff in Jersey is able to avoid a McGonnell situation simply by not sitting in the Royal Court in cases concerned with legislation that was debated when he presided in the States
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....
. The current Bailiff, Mr Michael Birt
Michael Birt (Bailiff of Jersey)
Mr Michael Birt is the 88th Bailiff of Jersey in the Channel Islands.Michael Cameron St John Birt was educated in Jersey at St. Michael's Preparatory School then at Marlborough College....
has conceded that 'we probably need to improve our systems to be very compliant with McGonnell and that one probably ought to keep a running list of those statutes where I have presided so at least I could invite the parities to consider whether they wanted to object or not'. In a recent review chaired by Lord Carswell, set up by 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....
, a legal opinion was commissioned from Rabinder Singh
Rabinder Singh (barrister)
Sir Rabinder Singh , styled The Hon. Mr Justice Singh, is an English High Court judge of the Queen's Bench Division, formerly a barrister, a founding member of Matrix Chambers and a legal academic.-Early life and education:...
QC in which he expressed the view that 'there is no reason in law why the present constitutional arrangements in respect of the Bailiff should be altered. However, the trend suggests that the tide of history is in favour of reform and that the legal position will be different in 10 years time'. The report of Lord Carswell's inquiry concluded that Mr Singh's opinion 'provides an additional reason why the Bailiff should cease to be the President of the States'. 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.
Stuart Syvret litigation
In recent years, a former State'sStates 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....
member Mr Stuart Syvret
Stuart Syvret
Stuart Syvret is a political activist in Jersey. He held elected office as a member of the States of Jersey assembly from 1990 to 2010. From 1999 to 2007, Svyret had executive responsibilities first as President of the Health and Social Services Committee and, after the 2005 constitutional reforms,...
has argued in legal proceedings in England and Jersey that all members of the Jersey judiciary
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:...
lack the appearance of independence and impartiality. In March 2009, the High Court in London refused him permission to commence a judicial review claim against Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
Jack Straw
Jack Straw
Jack Straw , British politician.Jack Straw may also refer to:* Jack Straw , English* "Jack Straw" , 1971 song by the Grateful Dead* Jack Straw by W...
. In Jersey, subsequent proceedings related to a criminal prosecution for a data protection offence (he named a former nurse on his blog
Blog
A blog is a type of website or part of a website supposed to be updated with new content from time to time. Blogs are usually maintained by an individual with regular entries of commentary, descriptions of events, or other material such as graphics or video. Entries are commonly displayed in...
, whom he said was guilty of murdering patients), judicial reviews and appeals relating to that criminal case, and a separate civil action brought by Syvret against fellow politicians and Law Officers in connection with his removal from office as minister for health. Syvret argues that he cannot have a fair trial in the island and there is a lack of appearance of independence and impartiality because judges are appointed by the Bailiff
Bailiff (Channel Islands)
The Bailiff is the chief justice in each of the Channel Island bailiwicks of Jersey and Guernsey, also serving as president of the legislature and having ceremonial and executive functions. Each bailiwick has possessed its own bailiff since the islands were divided into two jurisdictions in the...
and the other judges have attended social events with the Bailiff. Syvret's arguments relating to lack of independence and impartiality have been rejected by the Royal Court and Court of Appeal in Jersey on a number of occasions between 2009 and 2011.
Jersey Legal profession
The Jersey legal profession has two types of Jersey-qualified lawyers. Advocates have rights of audience to represent clients in all courts. Jersey solicitors have no general rights of audience. The Law Society of Jersey is the professional body responsible for professional conduct.Some law firms focus on legal practice relating to Jersey's finance industry, the largest being: Appleby
Appleby Spurling Hunter
Appleby is an offshore legal, fiduciary and administration service provider. It has offices in the key offshore locations of Bermuda, the British Virgin Islands, the Cayman Islands, Isle of Man, Jersey, Mauritius and Seychelles as well as the financial centres of London, Hong Kong and...
; Bedell Cristin; Carey Olsen
Carey Olsen
Carey Olsen is a law firm in the Channel Islands with offices in Jersey and Guernsey with approximately 125 lawyers. It was created in 2003 by the merger of Jersey firm Olsens and Guernsey firm Carey Langlois....
; Mourant Ozannes
Mourant Ozannes
Offshore law firms Mourant du Feu & Jeune and Ozannes merged on 1 June 2010 to create Mourant Ozannes. The combined firm has approximately 200 fee-earners and 50 partners, making it the world's third largest offshore law firm and the largest in the Channel Islands...
; and Ogier
Ogier (law firm)
Ogier is an offshore law firm which provides legal and fiduciary services. It advises on BVI, Cayman, Guernsey, and Jersey law as well as providing complementary administration services. It has 52 partners, 135 associates, 315 administrators and over 300 support staff...
, all of which are regarded as part of the "offshore magic circle"
Offshore magic circle
The offshore magic circle refers to a number of law firms practicing in offshore jurisdictions which are considered to be amongst the leaders in the field. The term was adopted as an imitation of the more well-recognised London Magic Circle law firms...
. Smaller firms and sole practitioners also provide a wide range of legal services. Several law firms now have offices in both Jersey 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...
but the legal professions of the two islands are separate.
The Law Officers of the Crown are responsible for criminal prosecution work and for providing legal advice to the Crown, ministers and other members of the Assembly 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....
. The Attorney General and his deputy, the Solicitor General, are non-voting members of the States Assembly.
The process of qualifying as a Jersey lawyer is regulated by the Advocates and Solicitors (Jersey) Law 1997 and is similar for both advocates and solicitors. Since 2009, candidates for the Jersey law examinations are required to enrol on the Jersey Law Course run by the Institute of Law, Jersey. They are required to take five compulsory papers: (i) Jersey legal system and constitutional Law; (ii) Law of contract and the law relating to security on moveable property and bankruptcy; (iii) testate and intestate succession; law of immoveable property and conveyancing; and civil and criminal procedure. In addition, candidates must take one of three option papers: (i) company law; (ii) trusts law; or (iii) family law.
Legal aid
There is no publicly-funded legal aidLegal aid
Legal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.A number of...
system in Jersey, though 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....
may exercise discretion to pay defence legal fees in serious criminal trials and in cases involving children. During their first 15 years of practice, Jersey lawyers are required to participate in a scheme organised by the profession to ensure so far as possible that people without sufficient resources are not prevented from pursing or defending civil and criminal cases in the island's courts. The scheme is administered on behalf by the Bâtonnier
Bâtonnier
In France, the bâtonnier is the primus inter pares among the lawyers of a bar....
(a senior member of the profession). Cases accepted by the Bâtonnier as eligible are allocated to lawyers on the basis of the 'Tour de Rôle' (i.e. according to one's turn). Depending on the litigants' income and assets, lawyers may work pro bono
Pro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...
or charge a reasonable fee in accordance with published guidelines. A lawyer assigned a legal aid case may choose to pay another lawyer to handle the case and several firms have established specialist legal aid departments. There have been numerous and long-standing calls for reform of the present system.
Law reform
The Jersey Law Commission was established by the States of JerseyStates 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....
in 1996 to keep Jersey law under review
Law Commission
A Law Commission or Law Reform Commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal changes or restructuring...
and bring forward proposals for law reform.
External links
- Jersey Legal Information Board database of Jersey legislation and case law http://www.jerseylaw.je
- Institute of Law, Jersey http://www.lawinstitute.ac.je/
- Jersey Law Commission http://www.lawcomm.gov.je/
- Law Society of Jersey http://www.jerseylawsociety.je/