JERSEY'S JUDICIAL SYSTEM: THE ROYAL COURT - 28 February 1997

The Royal Court, which is often claimed to be the oldest land Court in Europe, can trace its origins to the 13th century and, more specifically, to the time when King John of England lost continental Normandy to the French in 1204. Jersey had been part of the Duchy of Normandy since 933 and the Islanders shared the same culture, language and customs as their Norman cousins. In order to retain the loyalty of Islanders to the English Crown and to minimise the traumatic effects of severance from the Duchy, King John founded a separate administration for the Island and decreed that it might continue to be governed by its own laws which were based, essentially, upon the customary law of Normandy.

The King appointed a Warden (later known as the Governor) who, in turn, appointed a Bailiff, the Islanders themselves being permitted to elect twelve sworn coroners, or Jurats, to keep the King's peace. Together the Bailiff and Jurats constituted the court which came to be known as the Royal Court of Jersey.

Originally, the Royal Court was not only a law-enforcing but also a law-making body, however, by the end of the 15th century a formal legislative assembly (now known as the States of Jersey) had emerged and the Royal Court retained jurisdiction in all causes, civil and criminal, arising within the Island, with the exception of treason.

Despite their absence of legal training, Jurats were for centuries judges of both fact and law. The position remained largely unchanged until 1948 when changes in practice resulted in the Bailiff becoming the sole judge of law and the Jurats judges of fact only. Today, the Royal Court is still constituted by the Bailiff (and/or the Deputy Bailiff) and twelve elected Jurats.

The Royal Court has a number of divisions, the oldest being the Héritage division, which deals with all transactions in, and disputes concerning, land. In Jersey it is still necessary for all contracts relating to land, including leases for a term exceeding nine years, to be formally passed before the Court. This traditionally takes place on a Friday afternoon when all parties to the deed must attend personally (or by attorney) to swear an oath before the Court that they will not act against the deed "on pain of perjury".

The functions of the Probate and Matrimonial Causes Divisions, introduced in 1948 and 1949 respectively, are self evident; the latter being renamed the Family Division last year, with a modest extension of its jurisdiction. The jurisdiction of the Samedi Division (so called because it used to sit on a Saturday) encompasses the vast majority of the civil actions instituted in the Island.

The Royal Court also exercises an appellate jurisdiction, specifically from decisions of the Magistrate in criminal matters and from the Petty Debt Courts on points of law only. The Royal Court will also review decisions of the Judicial Greffier on interlocutory or Family matters.

In the ordinary course of events, the Royal Court will sit as the Inferior Number, which comprises the Bailiff and two Jurats (although, in relation to certain proceedings, the Court will sit as the Superior Number, which consists of the Bailiff and not less than five Jurats). Where hearings involve adjudication solely on a point of law or in relation only to costs, the Court will be properly constituted by the Bailiff sitting as a single Judge.

Sitting as the Inferior Number, the Royal Court also has jurisdiction in all criminal matters which are beyond the power of the Magistrate's Court, save that sentences of imprisonment exceeding four years can only be imposed by the Superior Number. Persons accused of common law criminal offences may exercise their right to trial by jury, in which event the Criminal Assize is constituted by the Bailiff sitting with a jury and at least three Jurats.

Since 1961, virtually all appeals against decisions of the Royal Court are heard by the Jersey Court of Appeal whence, in turn, appeals lie ultimately to the Judicial Committee of the Privy Council. An important part of Island life, the Royal Court is situated in the Royal Square in St. Helier, the courtroom and the Bailiff's Chambers sharing the same building with the Island's parliament, the States of Jersey.

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