Courts of Jersey

1. Who appoints the Judges and Commissioners?

The Bailiff is appointed by the Queen. The Deputy Bailiff is also a Crown appointment and the Deputy Bailiff has the same powers as the Bailiff. Commissioners are legally qualified persons appointed by the Bailiff to sit as Judges of the Royal Court.

2. Are the Judges appointed independently of the political system?

For the appointments of the Bailiff and Deputy Bailiff, there is a consultation process before a recommendation is made to Her Majesty. Those consulted are Members of the Court, Crown Officers, the Bailiff’s Consultative Panel (comprising senior politicians) and senior members of the legal profession. The Bailiff has the power to appoint Commissioners.

3. Will the trials relating to alleged offences at Haut de la Garenne be heard by a Jury?

If a defendant pleads not guilty the trial will take place before a jury.

4. How will the jury be selected?

In November of each year, each Connétable (parochial civic head) has to forward to the Viscount (Executive Officer of the Royal Court of Jersey- functions include those of Official Receiver and Coroner in the English terminology) a list of the names and addresses of inhabitants of his parish who are capable of serving as jurors (being at least 25 years old and below the age of 65).

Empanelling the jury – the Bailiff then requests the Judicial Greffier to call the prospective jurors. The Viscount will have summoned approximately 45 people to form a pool of potential jury members. The Bailiff then requests the Judicial Greffier to call each potential juror forward in turn.

When 12 persons have been called the Bailiff asks defence counsel if they wish to exercise their peremptory right of challenge and if they have any further challenges for cause to explain why they may not be able to sit as Jury members.

The billet is the document on which the indictment (charges against the accused) is set out and the names of the prosecution and defence witnesses. The billet is circulated and the Bailiff asks each person called for service whether he/she has any close connection with the defendant(s), witnesses or counsel.

When 12 people have been assembled, the Bailiff asks the Jury if any of them are related. If so, a replacement is called. The Bailiff asks if there are further challenges and repeats the question about relationship.

5. What is the role of the Jurats?

Along with the Judge presiding over the trial, Jurats decide on the sentences.

The Inferior Number of the Royal Court consists of two Jurats and the Judge, and may impose a custodial sentence of up to four years.

The Superior Number of the Royal Court consists of the Judge and at least five Jurats. The Superior Number primarily sits as a sentencing Court in criminal cases where a custodial sentence is likely to exceed four years. A maximum of 12 Jurats can sit at one time.

6. What is the role of the Judicial Greffier?

The Judicial Greffier is the Chief Clerk to the Royal Court (and other Jersey Courts).

7. Who is responsible for bringing the prosecution?

Her Majesty’s Attorney General for Jersey.

8. How long will the trials last?

We will inform the media and public as soon as the timeframes are announced.

Other Agencies

9. Is the investigation still ongoing? Are there likely to be further arrests/trials?

The Police investigation is ongoing. Please refer queries to them. Press office contact is Louise Journeaux 01534 612109 or Louise.Journeaux@jersey.pnn.police.uk

Logistics

10. Can journalists use mobiles/BlackBerrys etc in the court?

No. It is within the inherent jurisdiction of the Jersey Courts that the Judge can decide what equipment is allowed in the courtroom. Laptops, BlackBerrys and mobiles can be used in the media room but must be switched off in the courtroom.

11. What facilities will be available to the media?

The media room will not be ready at the date of the presentation of the indictments. However, it will be fully functional at the time of any trials. The media can use their mobiles, BlackBerrys etc in the media room and there will be internet access. However, there will be no live feed from the Royal Court to the media room. There will be limited parking for satellite vans outside the courtroom.

12. Are court artists permitted?

They are permitted. They will have to adhere to the same rules as are applicable in England. The Royal Court will not provide one.

13. What is the process for accreditation?

When any trial dates are announced, we will issue an operational note to the media with details of how to apply for accreditation.

14. When will the media be informed of important upcoming events/witnesses etc?

We will issue operational notes in advance of any key witnesses or important events we think the media should be aware of.

15. Does the UK Contempt of Court Act apply in Jersey?

There is no Jersey equivalent of the Contempt of Court Act, as applicable in the UK. However, the interests of justice in criminal cases will at all times be protected and appropriate action will be taken where a contempt of a court takes place. The sanctions will depend on the nature of the offence.

What security restrictions will there be?

Details will be released at a later date.

17. How many seats will there be available for journalists?

There are 28 seats available for the media in the Royal Court. Seating for local journalists will be available as usual.

18. Will there be restrictions on the numbers of journalists per organisation?

There are 28 seats available for media. During accreditation if there are more requests that there are seats, limitations will be made to be fair to all interested media.

19. Will evidence be put on the website?

There are no plans for any of the evidence in any of these proceedings to be made available online.

20. Will there be Live Notes?

Live Notes will not be available.

21. Will journalists be expected to remain seated throughout the whole sessions during the trials?

Journalists will not be expected to remain seated throughout the whole sessions but the court asks that they minimise any disruption.