Manx Judiciary
Encyclopedia
The lowest courts in the Isle of Man
are the Summary Courts, Coroner of Inquests, Licensing Court, Land Court, etc. These courts are presided over by magistrates. There are two stipendiary magistrates, the High Bailiff
and the Deputy High Bailiff
, along with lay Justices of the Peace
.
The superior court of the Isle of Man is the High Court of Justice of the Isle of Man, consisting of a Civil Division and an appeal division, called the Staff of Government Division. The judges of the High Court are the Deemster
s, appointed by The Queen, acting on the advice of the Secretary of State for Justice in the United Kingdom, and the Judicial Officers, appointed by the Lieutenant Governor. The High Bailiff
and the Deputy High Bailiff
are ex officio Judicial Officers, and additional Judicial Officers (full-time or part-time) may be appointed.
Civil matters are usually heard at first instance by a single Deemster
sitting in the High Court. Criminal proceedings are heard at first instance before either the High Bailiff
or the Deputy High Bailiff
or a bench of lay magistrates, in less serious cases. More serious criminal cases are heard before a Deemster
sitting in the Court of General Gaol Delivery; in a defended case the Deemster sits with a jury of seven (twelve in cases of treason or murder).
Civil and criminal appeals are dealt with by the Staff of Government Division
. Appeals are usually heard by a Deemster
(the one not involved with the case previously in the High Court or Court of General Gaol Delivery) and the Judge of Appeal
.
Final appeal is to the Judicial Committee of the Privy Council
in the United Kingdom
. This dates back to an ancient right of the Manx
to appeal to the Crown of England against the decisions of the Lord of Mann
, who in previous times was the supreme insular legal authority, and was explicitly confirmed by the Privy Council in their decision of Christian v. Corren in 1716, several years before revestment.
One special case, that also applies to the Channel Islands
, is the jurisdiction of the Queen's Bench Division of the English High Court
over the Island in matters of habeas corpus
. This dates back to the ancient right of the king to at any time have an account as to why the liberty of any of his subject was restrained, and operated in the Isle of Man pre-revestment, as it did across all the king's dominions despite the other competencies of the Kings's Bench being restricted to England.
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
are the Summary Courts, Coroner of Inquests, Licensing Court, Land Court, etc. These courts are presided over by magistrates. There are two stipendiary magistrates, the High Bailiff
High Bailiff
In the Isle of Man the High Bailiff is the head stipendiary magistrate.In Vermont, a high bailiff is a county officer.-Isle of Man:The current High Bailiff is His Worship John Needham, who took office on 30 January 2010 on the retirement of Mr Michael Moyle. Mr Needham was previously Clerk to the...
and the Deputy High Bailiff
High Bailiff
In the Isle of Man the High Bailiff is the head stipendiary magistrate.In Vermont, a high bailiff is a county officer.-Isle of Man:The current High Bailiff is His Worship John Needham, who took office on 30 January 2010 on the retirement of Mr Michael Moyle. Mr Needham was previously Clerk to the...
, along with lay Justices of the Peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
.
The superior court of the Isle of Man is the High Court of Justice of the Isle of Man, consisting of a Civil Division and an appeal division, called the Staff of Government Division. The judges of the High Court are the Deemster
Deemster
A deemster is a judge in the Isle of Man. The High Court of Justice of the Isle of Man is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal...
s, appointed by The Queen, acting on the advice of the Secretary of State for Justice in the United Kingdom, and the Judicial Officers, appointed by the Lieutenant Governor. The High Bailiff
High Bailiff
In the Isle of Man the High Bailiff is the head stipendiary magistrate.In Vermont, a high bailiff is a county officer.-Isle of Man:The current High Bailiff is His Worship John Needham, who took office on 30 January 2010 on the retirement of Mr Michael Moyle. Mr Needham was previously Clerk to the...
and the Deputy High Bailiff
High Bailiff
In the Isle of Man the High Bailiff is the head stipendiary magistrate.In Vermont, a high bailiff is a county officer.-Isle of Man:The current High Bailiff is His Worship John Needham, who took office on 30 January 2010 on the retirement of Mr Michael Moyle. Mr Needham was previously Clerk to the...
are ex officio Judicial Officers, and additional Judicial Officers (full-time or part-time) may be appointed.
Civil matters are usually heard at first instance by a single Deemster
Deemster
A deemster is a judge in the Isle of Man. The High Court of Justice of the Isle of Man is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal...
sitting in the High Court. Criminal proceedings are heard at first instance before either the High Bailiff
High Bailiff
In the Isle of Man the High Bailiff is the head stipendiary magistrate.In Vermont, a high bailiff is a county officer.-Isle of Man:The current High Bailiff is His Worship John Needham, who took office on 30 January 2010 on the retirement of Mr Michael Moyle. Mr Needham was previously Clerk to the...
or the Deputy High Bailiff
High Bailiff
In the Isle of Man the High Bailiff is the head stipendiary magistrate.In Vermont, a high bailiff is a county officer.-Isle of Man:The current High Bailiff is His Worship John Needham, who took office on 30 January 2010 on the retirement of Mr Michael Moyle. Mr Needham was previously Clerk to the...
or a bench of lay magistrates, in less serious cases. More serious criminal cases are heard before a Deemster
Deemster
A deemster is a judge in the Isle of Man. The High Court of Justice of the Isle of Man is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal...
sitting in the Court of General Gaol Delivery; in a defended case the Deemster sits with a jury of seven (twelve in cases of treason or murder).
Civil and criminal appeals are dealt with by the Staff of Government Division
Staff of Government Division
The Staff of Government Division of the High Court of Justice is the Court of Appeal in the Isle of Man. It hears all appeals, both criminal and civil, from the High Court...
. Appeals are usually heard by a Deemster
Deemster
A deemster is a judge in the Isle of Man. The High Court of Justice of the Isle of Man is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal...
(the one not involved with the case previously in the High Court or Court of General Gaol Delivery) and the Judge of Appeal
Judge of Appeal
The Judge of Appeal is a part time judge in the Isle of Man High Court who only sits in the Staff of Government Division, the appeal court.The position was created by the Judicature Act 1918 which also amalgamated the offices of First Deemster and Clerk of the Rolls...
.
Final appeal is to 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 the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. This dates back to an ancient right of the Manx
Manx people
The Manx are an ethnic group coming from the Isle of Man in the Irish Sea in northern Europe. They are often described as a Celtic people, though they have had a mixed background including Norse and English influences....
to appeal to the Crown of England against the decisions of the Lord of Mann
Lord of Mann
The title Lord of Mann is used on the Isle of Man to refer to Queen Elizabeth II, who is the island's Lord Proprietor and head of state.-Relationship with the Crown:The title is not correctly used on its own...
, who in previous times was the supreme insular legal authority, and was explicitly confirmed by the Privy Council in their decision of Christian v. Corren in 1716, several years before revestment.
One special case, that also applies to the 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...
, is the jurisdiction of the Queen's Bench Division of the English High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
over the Island in matters of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
. This dates back to the ancient right of the king to at any time have an account as to why the liberty of any of his subject was restrained, and operated in the Isle of Man pre-revestment, as it did across all the king's dominions despite the other competencies of the Kings's Bench being restricted to England.