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Draft Loi (No.7) 201- Concernant La Charge De Juge D'Instruction - Appointment of Relief Magistrates: Lodging

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A decision made on 14 October 2010 regarding the lodging of the draft Loi (No.7) 201- Concernant La Charge De Juge D'Instruction - Appointment of Relief Magistrates 

Decision Reference:  MD-C-2010-0082

Decision Summary Title :

Magistrate’s Court – Appointment of Relief Magistrates

Date of Decision Summary:

15th September 2010

Decision Summary Author:

Project and Research Officer

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Draft Loi (No. 7) 201- Concernant La Charge De Juge D’Instruction

Date of Written Report:

15th September 2010

Written Report Author:

Law Officer’s Department

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Draft Loi (No. 7) 201- Concernant La Charge De Juge D’Instruction – Appointment of Relief Magistrates.

Decision(s): The Chief Minister agreed to lodge the Draft Loi (No. 7) 201- Concernant La Charge De Juge D’Instruction

Reason(s) for Decision: The Loi (No.7) 201- concernant la charge de juge d’instruction was enacted to determine the creation, mode of appointment, and the functions of the Magistrate. Under Article 6 of the existing Law, the Bailiff may appoint Relief Magistrates to assist on a part-time basis with the workload of the Magistrate’s Court.  

Persons so appointed are Jersey lawyers with experience of the lower courts, however, the range of persons qualified for appointment is considered unduly restrictive. Article 6 cites that nobody other than an Advocate or Solicitor of the Jersey Court of ten years standing, or a Jurat, is currently allowed to be appointed to the position of Relief Magistrate. This prevents, for instance, the appointment of a suitably qualified person from outside the Island, no matter how desirable it may be in a particular case for the presiding judge to be free of close ties with the Island. 

This position is further complicated given the range of qualified persons who may be appointed as Relief Magistrate is more limited than those who may be appointed as Magistrate or Assistant Magistrate. Anyone who has held judicial office in the Commonwealth or any English Barrister or Solicitor of ten or more years standing may be appointed to the office of Magistrate or Assistant Magistrate under Article 1 of the 1864 Law. There is no reason why a person qualified to act as Magistrate or Assistant Magistrate should not be equally qualified to act as a Relief Magistrate. 

This Projet is therefore intended to remedy the deficiency in the old Law of 1864 that restricts the range of persons qualified for appointment as a Relief Magistrate, and make the qualifications for appointment as a Relief Magistrate the same as that  for the appointment of the actual Magistrate.  

A second feature of the draft Law is to include further categories of persons eligible to act as Magistrate or Assistant Magistrate. Currently, any English Barrister or Solicitor of ten years or more can be appointed to these positions, but this presently excludes Scottish and North Irish Advocates, as well as Advocates of the Royal Court of Guernsey. Given that English lawyers of requisite standing are eligible for appointment, there would seem to be no good reason to exclude Scottish, Northern Irish and Guernsey lawyers of requisite standing from that eligibility.  

One final feature of the draft Projet concerns an ancient provision in the Law of 1864 that allows for the appointment of a serving Crown Officer as Magistrate. That provision is no longer appropriate in the modern age and the draft would provide for its repeal.  

These suggested amendments have been discussed and formulated in consultation with the Bailiff and Acting Magistrate. The Legislation Advisory Panel has also reviewed the provisions of the draft Projet and agreed that it would be favourable for the Chief Minister to enact in due course.

Resource Implications:  There are no financial or manpower implications for the States arising from the adoption of this Draft Law.

Action required: The Greffier of the States is asked to arrange for the Draft Law to be lodged ‘au Greffe’ for consideration by the States on 30th November 2010.

Signature:

Position:   

Senator T.A. Le Sueur, Chief Minister

Date Signed:

Date of Decision (If different from Date Signed):

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