Law of Jersey

[1] 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.

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".

In an unusual move in 2011, campaigners against a law that sought to reduce the number of senators in the States petitioned the Privy Council to advise the Queen to refuse royal assent.

[8] Once official scrutiny is complete in London, the law is formally presented to His Majesty for royal assent at a meeting of the Privy Council, usually held at Buckingham Palace or Windsor Castle.

The Law may specify that it can be brought into force at a date decided by the relevant Jersey minister, or the States Assembly may adopt a "Commencement Act".

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.

However, Jersey law does sometimes decline to follow decisions of the English legal system, for example in the case of The Siskina in the House of Lords.

[12] Many rules of customary law have crystallised 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.

[13] Customary law has no formal, authoritative backing; it relies on 'the general consensus of opinion within the community'.

However, where these do not adequately address a specific situation, Jersey courts examine factual evidence to work out the 'generally accepted usage and practice'.

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".

It is probable that the original compiler "was an individual legal practitioner or scholar, rather than it being in any sense an official work".

Guillaume Terrien's Commentaires du droit civil, tant public que privé, observé au pays et Duché de Normandie was first published in 1574.

He ordered the 'redaction' of all customary laws in France, which meant they were to be set out systematically and approved under royal authority.

The Duchy of Normandy was the final region to comply with this order, but eventually, a new text was prepared, which received royal approval from Henry III in 1585.

[26] Commentators on the Coutume reformée include: As well as relying on commentaries produced in France, Jersey has an indigenous legal literature on custom.

Some chapters of C. S. Le Gros' 20th-century work, Traité du Droit Coutumier d l'Ile de Jersey also remain relevant.

Jersey courts have power to make a 'declaration of incompatibility' if they decide that a Law violates one the of ECHR rights.

[38] During the 20th century, the main working language of the Jersey legal system changed from French to English.

[45] In 1950, Charles Thomas Le Quesne KC returned to Jersey from practice at the English Bar and was appointed Lieutenant Bailiff.

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.

[62] 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,[63] the United Kingdom Secretary of State for Justice may dismiss a Jersey judge appointed by the Crown without the agreement States Assembly.

[66] In June 2008, the Chief Minister informed the States Assembly that the Magistrate-Designate, 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'.

[67][68] Mr Christmas was subsequently convicted of one count of fraud and sentenced to fifteen months in prison.

[69] It has been reported that the Bailiff's Office has asked the United Kingdom Ministry of Justice to arrange for a UK judge to undertake a disciplinary investigation.

[75] In the 2009 review chaired by Lord Carswell, set up by the States Assembly, 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'.

[76] Lord Carswell concluded that Mr Singh's opinion 'provides an additional reason why the Bailiff should cease to be the President of the States'.

[82] 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".