Magistrate's Court

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A decision made to approve the draft legislative Act which will enable the States to designate the new Magistrate's Court building as a suitable place for the Magistrate's Court and the Petty Debts Court to sit.

Subject:	Magistrate’s Court:- designation of new building
Decision Reference:			Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:	-
Written report – Title	Approval of the Magistrate’s Court, Union Street as a suitable place for the Magistrate’s Court and the Petty Debts Court to sit.
Written report – Author (name and job title)	DPJ Le Heuzé, Magistrate’s Court Greffier
Decision(s): To approve the draft legislative Act attached to the report and agree that it should be lodged ‘au Greffe’ during the week beginning 23rd January for debate on the 14th February 2006
Reason(s) for decision: Article 1 of the Loi (1853) établissant la Cour pour la répression des moindres délits and Article 2 of the Loi (1891) sur la Cour pour le recouvrement de menues dettes require the States Assembly to designate an appropriate local place for both these Courts to sit. It is intended that the first Court sitting in the new Magistrate’s Court will be on the 14th February 2006 and these requirements will need to be met before the Courts can be convened.
Action required: Mr. Le Heuze will contact the States Greffe to arrange for the draft Act to be lodged ‘au Greffe’ during the week beginning 23rd January for debate on the 14th February 2006
Signature: Chief Minister		Date of Decision: 26th January 2006

Magistrate's Court

23rd January 2006

Approval of the Magistrate’s Court, Union Street as a suitable place for the Magistrate’s Court and the Petty Debts Court to sit.

1. Introduction

1.1 The Chief Minister is asked to approve a draft legislative Act that will enable the States to designate the new Magistrate’s Court building as a place where the Magistrate’s and Petty Debts Court may sit.

1.2 This is a matter that would have been dealt with by the Legislation Committee in the old committee system, and with the transfer to the ministerial system of government the responsibilities of that committee have been assigned to the Chief Minister.

2. Discussion

2.1 The Magistrate’s Court and Probation Offices project was included within the 2002 Resource Plan with the plans being approved by the States Assembly on the 5th December 2002. Hacquoil and Cook successfully tendered for the project and work started on the 15th December 2003.

2.2 The Magistrate’s Court building is nearing completion and it is expected that the first sitting of the Magistrate’s Court will be on the afternoon of 14th February 2006, and the first sitting of the Petty Debts Court on the 15th February 2006.

2.3 Article 1 of the Loi (1853) établissant la Cour pour la répression des moindres délits and Article 2 of the Loi (1891) sur la Cour pour le recouvrement de menues dettes requires the States Assembly to formally designate the new complex a place where the Magistrate’s Court and the Petty Debts Court may sit. The Youth Court will follow the Magistrate’s Court by virtue of Article 11(4) of the Criminal Justice (Young Offenders)(Jersey) Law 1994.

2.4 A draft legislative Act has accordingly been prepared which will enable the designation of the Magistrate's Court, Union Street, St Helier, Jersey JE1 1BD under the 1853 and 1891 laws as a place for use by the Magistrate's Court.

3. Recommendation:

3.1. The Chief Minister is asked to approve the attached draft Act for lodging ‘au Greffe’ during the week beginning 23rd January and consideration by the States on 14th February. Under the new Standing Orders, items normally have to be lodged for at least six weeks, but as this a draft legislative Act it may be lodged for only two weeks before debate (Standing Order 26).

3.2 It is important that the States should be asked to approve the draft Act on 14th February as it is planned that sittings will commence later that day in the new Magistrate’s Court.

D.P.J. Le Heuzé

Magistrate's Court Greffier

20th January 2006