Bailiff of Jersey

See also: Law of Jersey, Courts of Jersey, Bailiff (Channel Islands), Jurat, Norman law, Advocate, and Judiciary of Jersey (list)

Bailiff of Jersey
Incumbent Sir Timothy Le Cocq since 17 October 2019
Appointer	Monarch of the United Kingdom, at the recommendation of the Jersey Government
Term length	At His Majesty's Pleasure, at least until retirement (70)
Formation	At least 1204
First holder	Philippe L'Evesque (first attested)
Deputy	Deputy Bailiff of Jersey

The Bailiff of Jersey (French: Le Bailli de Jersey) has several roles:

• 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.

Sir Michael Birt (Bailiff from 2009 to 2015) with sculpture of Lord Coutanche (Bailiff 1935–1962) behind.

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. In 1290, separate bailiffs for Jersey and Guernsey were appointed.

History

The position of Bailiff in Norman law predates the separation of Normandy in 1204. When the Channel Islands were granted self-governance by King John after 1204, legislative power was vested in 12 jurats, the twelve "senior men" of the island. Along with the Bailiff, they would form the Royal Court, which determined all civil and criminal causes (except treason).

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 Grandison, 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.

Peyton 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.

By 1750, the Bailiffship had de facto become a hereditary position in the de Carteret family. Absences of the de Carterets and all other high-ranking posts left Charles Lempière, the Lieutenant Bailiff, in effective full control over the island. Lempière was a Parliamentarian, but by temperament was autocratic. His family had significant power with a number of high-ranking roles in the island and he issued ordinances and quashed protest through his court.^:195

After the 1948 States reforms, Jurats were removed from the States, now only sitting on the Royal Court (and the Licensing Assembly). The reforms declared that the Bailiff shall be the judge of the law, and the Jurats the "judge of fact".

Deputy Bailiff

The role of Deputy Bailiff was created by the States Assembly in 1958.

Lieutenant Bailiff

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.

Appointment of Bailiff and Deputy Bailiff

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.

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 is relatively transparent, with an advertisement, job description and consultation process, including of some States members who hold particular Assembly roles.

The Bailiff is appointed by the Crown through letters patent after consultation with the Island. They serve at His Majesty's pleasure, usually until an age of retirement as specified in their letters patent, unless they resign earlier.

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 stood down as Bailiff in 1931 following a 'round robin' letter from several prominent islanders who believed he was no longer capable of carrying out his duties.
• Charles Malet de Carteret resigned as Bailiff in 1935, after failing to reply to an invitation to attend 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. In the Royal Court, the Bailiff presides. The Bailiff may sit alone 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 - but alone cannot suspend or dismiss - the Judicial Greffier (the clerk of the court). The Bailiff can also issue search warrants.

President of the States Assembly

In the States Assembly, the Bailiff is the President (Speaker). This position has been in place from the origins of the States in the 16th century, particularly because the States began as a consulting body of the Royal Court and the Bailiff was the President of the Court.

Until 2005, the Bailiff had a vote if the States Assembly was equally divided and by convention used this power to preserve the status quo. This power was abolished.

In the Chamber, the Bailiff's seat is 18 cm (7.1 in) higher than the Lieutenant Governor's to emphasise the Bailiff's higher position in regard to the island's civil government. The Bailiff is President of the Emergencies Council, which was established in 1990.

Civic head

The Carswell Review noted that the Bailiff 'carries out a number of ceremonial and public duties. He receives Royalty, visiting ambassadors and other prominent visitors to Jersey, plays the leading part in the Liberation Day and Remembrance Sunday ceremonies and hosts a number of official dinners. When the Lieutenant Governor is away from the Island the Bailiff acts as Deputy Governor. He is a member of various public committees, supports and attends functions of a number of charities and community organisations and has a constant round of public engagements to fulfil'.

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.

President of the Licensing Assembly

The Bailiff presides over the Licensing Assembly, the remains of a body which once exercised considerable administrative authority, but now only has the powers to grant alcohol licences.

Licensor of public entertainment

All public entertainment - such as music festivals or the Battle of Flowers - can only take place by permission of the Bailiff. This is done on consultation with public services and standards of public decency.

Reform debate

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".

The Bailiff's role as President of the States Assembly is defended on the grounds that the current arrangement works well in practice. There are also concerns that removing the Bailiff from the States Assembly would undermine his status as the civic head of 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 c. 1324
• Herny de St.Martin c. 1324
• Pierre Ugoun (Ygon) c. 1324
• Lucas de Espyard c. 1324
• Pierre de la Haye c. 1324
• Philippe de Vyncheleys c. 1324
• Nicolas (or Colin) Hasteyn c. 1332
• Philippe de Vincheleis c. 1332
• Matthieu Le Loreour c. 1332
• Pierre de la Haye c. 1332
• Guillaume Brasdefer c. 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
• Giefrey Brasdefer 1396–1401

15th century

• Colin le Petit 1402–1403
• Guillaume de Layc 1405–1406
• Thomas Danyel 1406–1425
• Jean Bernard 1432, 1436–1444
• Jean Lempriere 1434–1438
• Thomas de la Cour 1435
• Jean Payn 1444, 1446
• Regnauld de Carteret 1446–1451
• Jean Poingdestre 1452–1453
• Nicolas Morin 1459–1468
• Jean Poingdestre 1468–1477
• Guillaume Hareby 1479–1481, 1484–1485
• Clement Le Hardy 1486–1493
• Jean Nicolle 1494
• Thomas Lempriere 1495–1513, 1415?

16th century

• Helier de Carteret 1513–1515
• Helier de Carteret 1516–1523
• Helier de Carteret 1529–1560
• Hostes Nicolle 1561–1564
• John Dumaresq 1566–1583
• George Paulett 1583–1586
• John Dumaresq 1586–1587
• George Paulett 1587–1591
• John Dumaresq 1591–1594
• George Paulett 1594–1614

17th century

• Jean Herault 1614–1621
• William Parkhurst 1622–1624
• Jean Herault 1624–1626
• Philippe de Carteret 1627–1643
• Michel Lemprière 1643
• Sir George de Carteret, 1st Bt., 1643–1651
• Michel Lemprière 1651–1660
• Sir George de Carteret, 1st Bt., 1660–1661
• Sir Philippe de Carteret, 1st Bt., 1661–1662
• Philippe de Carteret 1662–1665
• Edouard de Carteret 1665–1682
• Sir Philippe de Carteret, 2nd Bt., 1682–1693
• Edouard de Carteret 1694–1703

18th century

In this caricature of 1873, Bailiff of Jersey Jean Hammond (left) greets the newly arrived Lieutenant Governor with the question: "Your papers, please?"

• Sir Charles de Carteret, 3rd Bt., 1703–1715
• John Carteret, 2nd Earl Granville 1715–1763
• Robert Carteret, 3rd Earl Granville 1763–1776
• Henry Frederick, Lord Carteret 1776–1826

19th century

• Thomas Le Breton 1826–1831
• Jean de Veulle 1831–1848
• Thomas Le Breton 1848–1857
• Jean Hammond 1858–1880
• Sir Robert Pipon Marett 1880–1884
• George Clement Bertram 1884–1898
• Edouard Charles Malet de Carteret 1898
• William Venables Vernon 1899–1931

20th century

Lord Coutanche, Bailiff 1935–1962

• Charles Malet de Carteret 1931–1935
• Sir Alexander Coutanche (created Lord Coutanche in 1961) 1935–1962
• Cecil Stanley Harrison 1961–1962
• Sir Robert Le Masurier 1962–1975
• Sir Frank Ereaut 1975–1985
• Sir Peter Crill 1986–1994
• Sir Philip Bailhache 1994–2009

21st century

• Sir Michael Birt 9 July 2009–2015
• Sir William Bailhache 29 January 2015–2019
• Sir Timothy Le Cocq 17 October 2019–present

Holders of the office of Deputy Bailiff

• Vernon Tomes 27 January 1986–30 June 1992
• Philip Bailhache 10 January 1994
• Francis Hamon 9 February 1995
• Michael Birt February 2000
• William Bailhache 2 November 2009–29 January 2015
• Timothy Le Cocq 2 April 2015–17 October 2019
• Robert MacRae 6 January 2020–present

See also

• Lieutenant Governor of Jersey
• List of bailiffs of Guernsey
• Seigneur of Sark