The Bailiff of 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.
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.
Origins 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 Grandson, 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.Balleine's History of Jersey, Marguerite Syvret and Joan Stevens (1998)
17th century Sir John Peyton (Governor 1603-1620) 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".Bailhache, Philip (n.d.). The Cry for Constitutional Reform – A perspective from the Office of Bailiff. Jersey Law (jerseylaw.je). Retrieved 3 June 2022. 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.
18th century Following the Jersey Revolution or Corn Riots in 1769, the 1771 Code of Laws confirmed that new Jersey laws could not be adopted without approval by the States assembly and required Privy Council approval. From this time on the Bailiff was to be the chief power in Jersey as president of the States, rather than as president of the Royal Court.
The party of Charlots (conservative supporters of Lemprière who claimed that the States could not pass legislation without the agreement of the Royal Court) were opposed at elections by Magots, and by 1790 the progressive Magots had majorities in both the Royal Court and the States.
By 1750, the Bailiffship had de facto become a hereditary position in the de Carteret family for 166 years. 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
In 1786, the Bailiff gained power to summon the States (in addition to the Governor and Jurats).
19th century In 1826, the long succession of absentee bailiffs came to an end with the appointment of Thomas Le Breton Sr (Bailiff 1826–1831). He was the first Bailiff for 120 years to live in Jersey and was 'accused of indolence'.
Under Jean Hammond (Bailiff 1858–1880) the role became established as a politically impartial, if paternalistic, presidency. The introduction of deputies into the States in 1857 added to the democratic weight of the legislative assembly, but the bailiff still guided the government of the bailiwick.
The States continued to use the Royal Court as their debating chamber until the construction of a dedicated States chamber on an adjacent site in 1887.
In 1899, the Bailiff began receiving an annual salary of £1,200, replacing the previous system of funding through court fees. The cost of this salary was jointly covered by the States and the Crown.
20th century Although the need for centralised administration during the German Occupation 1940-1945 made the Bailiff a commanding figure in the circumstances of trying to maintain the life of the bailiwick, the constitutional reforms of 1948 which removed the Jurats from the States, replacing them with Senators, separated more clearly legislature and judiciary. Political leadership now rested more clearly with the senators as purely political senior elected representatives.The reforms declared that the Bailiff shall be the judge of the law, and the Jurats the "judge of fact".
21st century The States of Jersey Law 2005 removed the Bailiff's casting vote in the event of a tied vote in the States chamber, and the power of dissent. The 2005 law also introduced a ministerial system of government under a Chief Minister, which further removed the Bailiff from involvement in executive decision-making.
Deputy Bailiff The role of Deputy Bailiff was created by the States Assembly in 1958. This is a full-time professional office. Like the Bailiff, the Deputy Bailiff must be qualified as a Jersey lawyer. The deputy bailiff has a specific function of being the president of the Board of Examiners for the Jersey law examinations. Holders of the office of Deputy Bailiff The office of Deputy Bailiff was established in 1958. HolderTermNotesCecil Stanley Harrison1958–1961First holder of the office; subsequently appointed Bailiff.Robert Hugh Le Masurier1961–1962Subsequently appointed Bailiff.Francis de Lisle Bois1962–1968Did not become Bailiff.Herbert Frank Cobbold Ereaut1969–1974Subsequently appointed Bailiff.Peter Leslie Crill1974–1986Subsequently appointed Bailiff.Vernon Amy Tomes1986–1992Removed from office by the Crown following extended delays in delivering judgments.Philip Martin Bailhache1994–1995Subsequently appointed Bailiff.Francis Charles Hamon1995–2000Served for five years and did not become Bailiff; subsequently appointed a commissioner of the Jersey Financial Services Commission.Michael Cameron St John Birt2000–2009Subsequently appointed Bailiff.William James Bailhache2009–2015Subsequently appointed Bailiff.Timothy John Le Cocq2015–2019Subsequently appointed Bailiff.Robert James MacRae2020–2025Subsequently appointed Bailiff.Mark Howard Temple2026–presentCurrent Deputy Bailiff.
Lieutenant Bailiffs 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. Like other Jurats, the Lieutenant Bailiffs are part-time honorary (unpaid) roles.
Appointment of Bailiff and Deputy Bailiff 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 involves advertisement, shortlisting based on a job description and consultation process, including of some States members who hold particular Assembly roles. In modern times, all Deputy Bailiffs have previously held office as Attorney General or Solicitor General, or both.
The Bailiff is appointed by the Crown through letters patent. They serve at His Majesty's pleasure, usually until an age of retirement as specified in their letters patent, unless they resign earlier. 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.
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 resigned as Bailiff in 1931 following a 'round robin' letter from several prominent islanders who believed that, aged 79, he was no longer capable of carrying out his duties. Charles Malet de Carteret – 'the most self-effacing man who ever occupied this office'– came under pressure to resign as Bailiff in 1935, after refusing to represent the island at 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. As chief judge, the Bailiff is Head of the judiciary of Jersey President of the Royal Court (chief justice) President of the Court of Appeal, though in practice the Bailiff rarely sits in this court Member of the Court of Appeal of Guernsey
In the Royal Court, the Bailiff may sit as a single judge 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 Commissioners to preside in the Royal Court.
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 The Bailiff serves as the president (or speaker) of the States Assembly. This role has been in place from the origins of the States in the 16th century, and stems from the States' role as a consultative body for the Royal Court, where the Bailiff also presided. Le Hérissier notes that ‘From 1771 to 1940, the States slowly detached themselves from the influence of the Royal Court’, growing more representative with the inclusion of elected members – but the Bailiff remained.