Bailiff of Jersey

The position of Bailiff in Norman law predates the separation of Normandy in 1204. Any oppression by a bailiff or a warden was to be resolved locally or failing that, by appeal to the King who appointed commissioners to report on disputes. In the late 1270s, Jersey was given its own Bailiff (the first record of someone holding the position is in 1277) and from the 1290s, the duties of Bailiff and Warden were separated. The (Sub-)Warden became responsible for taxation and defence, while the Bailiff became responsible for justice. While probably originally a temporary arrangement by Otto de Grandson, this became permanent and the foundation for Jersey's modern separation of Crown and justice. It also lessened the Warden's authority relative to the Bailiff, who had much more interaction with the community. In 1462, the occupying French Governor de Brézé issued ordinances outlining the role of the Bailiff and the Jurats. It may well be during this occupation that the island saw the establishment of the States. Comte Maulevrier, who had led the invasion of the island, ordered the holding of an Assize in the island. Maulevrier confirmed the place of existing institutions, however created the requirement for Jurats to be chosen by Bailiffs, Jurats, Rectors and Constables. The earliest extant Act of the States dates from 1524. 17th century Sir John Peyton (Governor 1603-1620) was also against democracy in the form of the States and the freedoms of the Courts in Jersey. In 1615, Jean Hérault was appointed Bailiff by the King, having been promised the role by letters patent in 1611. Peyton disputed this appointment, claiming it was the Governor's jurisdiction to appoint the Bailiff. Hérault asserted it was the King's jurisdiction to directly appoint the Bailiff. An Order in Council (dated 9 August 1615) sided with Hérault. Hérault took this to claim the Bailiff was the real head of government and took steps to assert the precedence of the Bailiff over Governor: he ordered his name to be placed before the Governor's in church prayers and was the first Bailiff to wear red robes (in the style of English judges). To back his claims, he cited that in the Norman administrative tradition, the Bailiffs had "no one above them except the Duke". Though the Privy Council did not agree with Hérault's extreme position on the precedence of the Bailiff, on 18 February 1617 it declared that the "charge of military forces be wholly in the Governor, and the care of justice and civil affairs in the Bailiff." This secured for the Bailiff precedence over the Governor on justice and civil affairs. 19th century In 1826, the long succession of absentee bailiffs came to an end with the appointment of Thomas Le Breton Sr (Bailiff 1826–1831). He was the first Bailiff for 120 years to live in Jersey and was 'accused of indolence'. Under Jean Hammond (Bailiff 1858–1880) the role became established as a politically impartial, if paternalistic, presidency. The introduction of deputies into the States in 1857 added to the democratic weight of the legislative assembly, but the bailiff still guided the government of the bailiwick. The States continued to use the Royal Court as their debating chamber until the construction of a dedicated States chamber on an adjacent site in 1887. In 1899, the Bailiff began receiving an annual salary of £1,200, replacing the previous system of funding through court fees. The cost of this salary was jointly covered by the States and the Crown. The 2005 law also introduced a ministerial system of government under a Chief Minister, which further removed the Bailiff from involvement in executive decision-making. == Deputy Bailiff ==

The role of Deputy Bailiff was created by the States Assembly in 1958. This is a full-time professional office. Like the Bailiff, the Deputy Bailiff must be qualified as a Jersey lawyer. The deputy bailiff has a specific function of being the president of the Board of Examiners for the Jersey law examinations. == Lieutenant Bailiffs ==

Two or more of the senior Jurats are appointed by the Bailiff as Lieutenant Bailiffs. They assist the Bailiff with civic duties and may preside in the Royal Court. Like other Jurats, the Lieutenant Bailiffs are part-time honorary (unpaid) roles. ==Appointment of Bailiff and Deputy Bailiff==

By convention, the Deputy Bailiff is appointed as Bailiff without a selection process. The Deputy Bailiff’s appointment is made formally by the Crown, on the recommendation of a panel consisting of the Bailiff, another judge of the Royal Court, and the chair of the Jersey Appointments Commission. The process involves advertisement, shortlisting based on a job description and consultation process, including of some States members who hold particular Assembly roles. In modern times, all Deputy Bailiffs have previously held office as Attorney General or Solicitor General, or both. The Bailiff is appointed by the Crown through letters patent. They serve at His Majesty's pleasure, usually until an age of retirement as specified in their letters patent, unless they resign earlier. When a Bailiff's term of office ends, all the functions of Bailiff are exercised by the Deputy Bailiff until the next Bailiff is formally appointed. Removal from office The Bailiff and Deputy Bailiff may be removed from office by the King, on the advice of the UK Government minister responsible for Channel Island affairs, currently the Secretary of State for Justice but in the past the Home Secretary. Three individuals who held the office of Bailiff or Deputy Bailiff have been dismissed or required to resign. • Sir William Venables Vernon resigned as Bailiff in 1931 following a 'round robin' letter from several prominent islanders who believed that, aged 79, he was no longer capable of carrying out his duties. • Charles Malet de Carteret – 'the most self-effacing man who ever occupied this office'– came under pressure to resign as Bailiff in 1935, after refusing to represent the island at King George V's silver jubilee celebrations in London. • Vernon Tomes was dismissed from his position as Deputy Bailiff in 1992. ==Roles of the Bailiff==

Chief judge The Bailiff is the Chef Magistrat of the island. 'The major part of the Bailiff's time is spent on his judicial duties', the Carwell Review noted. As chief judge, the Bailiff is • Head of the judiciary of Jersey • President of the Royal Court (chief justice) • President of the Court of Appeal, though in practice the Bailiff rarely sits in this court • Member of the Court of Appeal of Guernsey In the Royal Court, the Bailiff may sit as a single judge or with Jurats. The Bailiff is the judge of law but not generally a judge of fact. Instead, the Jurats normally decide the facts in civil and the sentence in criminal cases. The Bailiff appoints Commissioners to preside in the Royal Court. The Bailiff appoints - but alone cannot suspend or dismiss - the Judicial Greffier (the clerk of the court). The Bailiff can also issue search warrants. This role has been in place from the origins of the States in the 16th century, and stems from the States' role as a consultative body for the Royal Court, where the Bailiff also presided. Le Hérissier notes that ‘From 1771 to 1940, the States slowly detached themselves from the influence of the Royal Court’, growing more representative with the inclusion of elected members – but the Bailiff remained. Historically, the Bailiff had authority to 'dissent' from a resolution passed by the States Assembly if the Bailiff was of the opinion that the Assembly lacked the power to pass it. This had the effect of transmitting the resolution to the King and making the resolution of no effect. This was abolished by the States of Jersey Law 2005. The Bailiff, or Deputy Bailiff when presiding, also previously held a casting vote in the event that the States Assembly was equally divided. This vote, rarely exercised, was by convention used maintain the status quo, allowing further debate on the issue. This was also abolished in 2005. In the Chamber, the Bailiff's seat is higher than the Lieutenant Governor's to emphasise the Bailiff's higher position in regard to the island's civil government. But three official reviews in the 21st century have recommended that the Bailiff should cease to have the role of President of the States Assembly: • The Clothier review on the machinery of government in Jersey (December 2000). • The Carswell review of the Crown Officers (December 2009). • The Independent Jersey Care Inquiry (July 2017). The case for reform is that in a democracy, parliamentarians should have the power to choose the speaker of their assembly. There have also been concerns that the Bailiff's position as President of the States Assembly conflicts with the constitutional principles of separation of powers and judicial independence. Such calls for the separation of the office's powers are longstanding: in 1859, writer Helier Simon called a potential separation "desirable". There are also concerns that removing the Bailiff from the States Assembly would undermine his status as the civic head of Jersey. The Bailiff was previously President of the Emergencies Council, which was established in 1990, but is no longer a member though remains entitled to attend. Guardian of the constitution In 2020, the Deputy Bailiff described the Bailiff's guardian of the constitution function as including powers of • 'giving voice to constitutional concerns that might undermine the rights and privileges of the Island and of Islanders, and advising and warning the Chief Minister and Government of Jersey accordingly' and • 'advising the Lieutenant Governor who in turn advises the Sovereign on constitutional matters affecting the Island’s privileges and freedoms'. The Bailiff is the official channel of communication between the island authorities and the UK Government, though this has altered since the development of ministerial government and the creation of the role of Chief Minister. The Bailiff is also the keeper of the island's Royal Mace the custodian of the island's seal, first granted by Edward I in 1279. Lord Carswell's review in 2009 recommended that the Bailiff should remain the president of Licensing Assembly. Licensor of public entertainment Many types of public entertainment can only take place by permission of the Bailiff. This is done in consultation with public services and standards of public decency. Since 1987, an advisory panel appointed by the States Assembly has delegated authority in the name of the bailiff who is not involved in any respect with the decision-making process. The Carswell review noted that 'It is recognised generally that this is an executive function which it is not appropriate for the Bailiff to carry out, and successive Bailiff have wished to be relieved of it'. The last Bailiff to make extensive use of censorship powers, on advice of a consultative committee, was Sir Peter Crill. In 1992, he refused permission for a visiting amateur theatre group to perform Howard Brenton's play Christie in Love and required changes to the staging of a production of Shakespeare's Coriolanus by the Tricycle Theatre Company to prevent an actor's naked buttocks being visible to the audience. The Monty Python film 'Life of Brian' was deemed suitable only for islanders over 18, which led to the production company refusing to let it be shown in Jersey. ==Holders of the office of Bailiff==

The list of bailiffs is only reliably traceable from Philippe L'Evesque's appointment in 1277, although earlier bailiffs are mentioned and the office may date from before 1204. 14th century • Jean de Carteret 1302 • Philippe Levesque 1309 • Colin ? Hasteyn 1315 • Henry de St. Martin 1318 • Guillaume Longynnour 1324 • Herny de St.Martin 1324 • Pierre Ugoun (Ygon) 1324 • Lucas de Espyard 1324 • Pierre de la Haye 1324 • Philippe de Vyncheleys 1324 • Nicolas (or Colin) Hasteyn 1332 • Philippe de Vincheleis 1332 • Matthieu Le Loreour 1332 • Pierre de la Haye 1332 • Guillaume Brasdefer 1332 • Guille Hastein (or Hastings) 1348 • Roger de Powderham 1351 • Guille Hastein (or Hastings) 1352 • John Cockerels 1356 • Raoul Lempriere 1362–1364 • Richard de St. Martin 1367–1368 • Richard le Petit 1368–1369 • Richard de St. Martin 1370 • Richard le Petit 1371 • Richard de St. Martin 1372–1374 • Thomas Brasdefer 1378–1391 • Sir Robert Pipon Marett 1880–1884 • George Clement Bertram 1884–1898 • Edouard Charles Malet de Carteret 1898 • William Venables Vernon 1899–1931 20th century , Bailiff 1935–1962 • Charles Malet de Carteret 1931–1935 • Sir Alexander Coutanche (created Lord Coutanche in 1961) 1935–1962 • Cecil Stanley Harrison 1961–1962–2009 21st century • Sir Michael Birt 9 July 20092015 • Sir William Bailhache 29 January 20152019 • Sir Timothy Le Cocq 17 October 201917 October 2025 • Robert MacRae 24 October 2025 == Holders of the office of Deputy Bailiff ==

• Vernon Tomes 27 January 198630 June 1992 • Philip Bailhache 10 January 1994 • Francis Hamon 9 February 1995 • Michael Birt February 2000 • William Bailhache 2 November 200929 January 2015 • Timothy Le Cocq 2 April 201517 October 2019 • Robert MacRae 6 January 202024 October 2025 • Mark Temple 19 January 2026 ==See also==