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The Courts of Guernsey are responsible for the administration of justice in the Bailiwick of Guernsey, one of the Channel Islands. They apply the law of the Island, which is a mixture of customary law dating back as far as the 10th century and legislation passed by the legislature, the States of Deliberation.
Contents
- Magistrates Court
- Contracts Court
- Royal Court
- The Full Court
- The Ordinary Court
- The Matrimonial Causes Division
- Guernsey Court of Appeal
- Judicial Committee of the Privy Council
- Court of Chief Pleas
- European Court of Human Rights
- Ecclesiastical Court
- Sark
- Alderney
- Tribunals
- Arbitration
- References
The principal court is the Royal Court and exercises both civil and criminal jurisdiction.
Additional courts, such as the Magistrate's Court, which deals with minor criminal matters, and the Court of Appeal, which hears appeals from the Royal Court, have been added to the Island's legal system over the years.
It is likely that the oldest law that the Royal Court is called upon to provide judgement over is the Clameur de haro a Norman form of injunction, whereby the aggrieved party makes a plea for justice to Rollo the 10th century founder of the Duchy of Normandy.
Magistrates Court
Criminal Jurisdiction of the Magistrate's Court Dealing with criminal law cases which are liable to attract a sentence of a maximum of two years and/or a fine of £20,000.
Civil Jurisdiction of the Magistrate's Court Dealing with civil matters where the sum in dispute does not exceed £10,000. Commonly known as “petty debt” cases.
Family Law Matters covers child maintenance payments, child contact and other issues which arise from time to time when a relationship breaks down.
Inquests are held at the magistrates court and are normally held at the request of the Law Officers of the Crown.
Juvenile Court The Juvenile Court is part of the Magistrate's Court and, if considered appropriate by Her Majesty's Procureur, will sit to consider some cases involving juveniles (under the age of 18) who are charged with criminal offences. Her Majesty's Procureur may also refer the case to the Child Youth and Community Tribunal. This court is not open to the public.
Contracts Court
This court, convened with a Jurat Lieutenant Bailiff and four other Jurats witness conveyances of real property, real property agreements, legal charges on property (bonds), marriage contracts and deed polls prior to their registration on the public records, as well as liquor licence applications.
Royal Court
The primary court of record. It can sit in a number of configurations, depending on the type of case and the powers to be exercised.
The Full Court
Historically known as the Cour en Corps comprising:
The Full Court has original criminal jurisdiction in respect of indictable offences committed anywhere in the Bailiwick of Guernsey with a few exceptions and normally deals with serious criminal offences.
The Royal Court is also an appeal court for lower courts.
Dealing with civil jurisdiction cases that are beyond the scope of the Magistrates Court and certain other routine civil matters such as registering new legislation as well as some administrative appeals.
The Ordinary Court
Comprising a single Judge of law, this being either the Bailiff, the Deputy Bailiff, a Judge of the Royal Court or a Lieutenant Bailiff qualified in law; and a minimum of two Jurats, although normally with three. Sometimes the Judge will sit alone. The Ordinary Court will deal with criminal matters originating in Alderney or Sark. The Ordinary Court deals with all original civil business beyond the competence of the Magistrate's Court such as property disputes, company liquidations, guardianships, evictions, terre mises a l'amende applications and the swearing-in of Parish Officials and Police Officers It acts as a court of appeal for the Courts in Alderney and Sark.
The Matrimonial Causes Division
Established under the Matrimonial Causes Law (Guernsey), 1939, constituted by a single Judge of Law, this being either the Bailiff, the Deputy Bailiff, a Judge of the Royal Court or a Lieutenant Bailiff qualified in law, sitting alone; or a single Judge of Law sitting with four Jurats.
Dealing with matters of divorce, judicial separation, annulments and dissolutions of marriages, and contentious judicial separations.
Guernsey Court of Appeal
Constituted under the Court of Appeal (Guernsey) Law 1961, it comprises the Bailiff of Guernsey and other judges appointed by warrant of the Sovereign.
Guernsey and Jersey work closely together with the Bailiff of each appointed to the opposite Island’s Court of Appeal so that cases that may have a conflict of interest can be heard.
A higher appeal lies from the Guernsey Court of Appeal to the Judicial Committee of the Privy Council.
Judicial Committee of the Privy Council
The higher appeal from the Guernsey Court of Appeal goes to the Judicial Committee of the Privy Council in civil cases.
In criminal matters further appeals may only be made with special leave of the Judicial Committee of the Privy Council which is the final court of appeal
This is the final appeal for matters from the Magistrate's Court, the Royal Court, the Court of Alderney and the Court of the Seneschal.
Court of Chief Pleas
An ancient Court, constituted in the same way as a Full Court. It is attended by the Full Court, the Law Officers of the Crown, Advocates and the Seigneurs and Bordiers owing suit to the Court.
Normally held just once a year at the start of the legal year when oaths are taken from HM Procureur, HM Receiver General and HM Comptroller. It is followed by a service at the Town Church then a traditional dinner.
Dealing with a mixture of issues, such as explosives licenses, water courses, charitable funds, “Salle Publique Licences” and is an opportunity to admit to the Guernsey Bar, qualified students.
European Court of Human Rights
Effective from 2006, the Human Rights (Bailiwick of Guernsey) Law, 2000 incorporates into Bailiwick legislation the European Convention for the Protection of Human Rights and Fundamental Freedoms.
People are able to pursue their rights under the European Convention on Human Rights in the Bailiwick's courts and tribunals, instead of having to go to the European Court in Strasbourg although that is still the final appeal route.
Ecclesiastical Court
The Ecclesiastical Court's origins probably go back beyond surviving written records, existing in the 13th Century, and almost certainly for centuries before that.
Many of the old jurisdiction functions have fallen by the way, such as dealing with acts of heresy and idolatry. Today the court deals with just three matters:
In this respect the Ecclesiastical Court is unique in the world.
Normally held each Friday and presided over by the Dean of Guernsey acting under a commission from the Bishop of Winchester. (prior to the time of Queen Elizabeth I, the Bishop of Coutances)
The Court used to be held in an upper room in the Town Church where its most notorious decision was the sentencing in 1556 of the Guernsey Martyrs for heresy. The Court relocated in 1822. It is currently held in the Saint Peter Port Constables offices.
Sark
Chief Pleas (French: Chefs Plaids; Sercquiais: Cheurs Pliaids) is the parliament of Sark. Despite having its own legislative assembly, Sark voluntarily submits to Guernsey in matters of criminal law.
Alderney
The Court of Alderney exercises unlimited original jurisdiction in civil matters and limited jurisdiction in criminal matters. The Court sits with a Chairman (the Judge of Alderney) and at least three of the six Jurats. Appeals are made to the Royal Court of Guernsey, which also exercises some original jurisdiction in criminal matters in Alderney, and thence to the Judicial Committee of the Privy Council.
Tribunals
The use of tribunals has increased over the years, with tribunals normally created by statute and is a less formal and potentially faster source of justice. These include:
Arbitration
Arbitration in civil matters is recommended in Guernsey using the Arbitration (Guernsey) Law, 1982. There are no legal impediments to arbitrating any type of dispute, except where the relief sought by the claimant is only available from specific bodies or institutions, such as the Royal Court. There is a Channel Islands branch of the Chartered Institute of Arbitrators.