The Bailiff is the chief justice in each of the Channel Island bailiwicks of Guernsey and Jersey, also serving as president of the legislature and having ceremonial and executive functions. Each bailiwick has possessed its own bailiff since the islands were divided into two jurisdictions in the 13th century. The bailiffs and deputy bailiffs are appointed by the Crown on the advice of the Secretary of State for Justice (not by the governments or legislatures of the islands) and may hold office until retirement age (65 in Guernsey, 70 in Jersey).

Name

After 1212, the King of England appointed a custodian to manage the Crown's affairs in the Channel Islands. At this time, there was no distinction between Warden/Governor and Bailiff, as evolved in later centuries. Officeholder Philip de Aubigné styled his role in 1218 as , being the Latin term for a person who looked after the interests of a Lord. With this meaning, could be translated to the English word 'Warden', by which the office is normally called today and became officially known after 1259.

The Warden was normally absent from the island, only regularly visiting for the triennial assize. Therefore, the Warden's quotidian duties would have been carried out by a team of deputies, who were islanders and who became referred to as the . As such, one or more . By the end of the 13th century, the modern position of Bailiff appears in record, emerging from this position of . that there was a breach of Article 6 in Guernsey where the Bailiff or Deputy Bailiff sat as president of the States of Guernsey when proposed legislation was being debated and then subsequently sat as a judge of the Royal Court of Guernsey in a case where that legislation was relevant. The court, noting that there was no suggestion that the Bailiff 'was subjectively biased', stated that the 'mere fact' that this happened was capable of casting doubt on the Bailiff's impartiality.

The Bailiff remains civil head of the island, as well as head of the judiciary, the Presiding Officer of the States of Deliberation'.

The Bailiff is ex officio, a Judge of the Court of Appeal and its president. The Bailiff represents Guernsey as civic head of the community in and outside the Island, on occasions of a non-political nature and will greet and welcome members of the Royal Family and dignitaries visiting the Island on behalf of the people of Guernsey. May be appointed as a member of the Court of Appeal of Jersey.

Bailiff of Jersey

The Bailiff of Jersey (, Jèrriais: ) is the chief justice of the island and the presiding officer of the States Assembly.

The position of bailiff was created shortly after the Treaty of Paris 1259 in which the King of England, Henry III, gave up claim to all of the Duchy of Normandy but the Channel Islands. Rather than absorb the islands into the Kingdom of England, a warden (now lieutenant governor) and bailiff were appointed to run the island on his behalf.

Current roles

The modern-day roles of the bailiff are as follows:

  • Chief judge
  • President of the States Assembly, carrying out functions of a presiding officer
  • Civic head of the Bailiwick of Jersey
  • Guardian of the constitution
  • President of the Licensing Assembly, regulating alcohol sales
  • Must give permission for certain types of public entertainment to take place.

Notes

References

  • Memoirs of Lord Coutanche

See also

  • Bailiff
  • Courts of Jersey
  • Judge of Alderney
  • Law of Jersey
  • List of bailiffs of Guernsey
  • Bailiff of Jersey
  • States of Guernsey
  • States of Jersey