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The Jersey Law Review - February 2004

EVALUATING THE ROLE OF THE PARISH HALL ENQUIRY

Peter Raynor and Helen Miles

Introduction

1       This article is based on the first two years of a five year research project commissioned by the Jersey Probation Service and the Crime and Community Safety Strategy to document and evaluate the role of the Parish Hall Enquiry system.

Research objectives

2       Throughout the world, policy-makers and   researchers in the field of criminal justice are showing an increasing interest in alternative processes for dealing with crime. The  research literature has suffered from an absence of studies of traditional forms of justice in  everyday use in Europe, possibly because these are presumed not to exist.

3       The Parish Hall Enquiry in Jersey is of great antiquity but in regular  everyday use as an alternative to formal court  processing. Like the honorary system upon which it  depends, it has its origins in very long-established forms of community   organisation.  Although sometimes criticised as an anachronism, it has retained a high degree of resilience and a significant level of use as  Jersey  society has changed. The Parish Hall Enquiry thus offers a very rare, possibly unique,  example of a traditional form of non-Court-based justice operating routinely in a modern context.

4       The research aims to establish the role that the Parish Hall Enquiry plays and how those who operate within it would evaluate the system.   It is hoped that a clearer picture of the strengths and weaknesses of the Parish Hall Enquiry system will emerge and  that the study will serve as a useful contribution to the evidence base from which any future decisions about changes to the system can be made.

Research Progress

5       This article is based upon preliminary research undertaken in a number of key areas:

·     An historical study of Jersey documents relating to the honorary system.

·     A review of international research material relating to traditional, informal and restorative justice.

·     An observational study of 48 Parish Hall Enquiries in urban and rural parishes.

·     Interviews with 43 Centeniers[1].

·     Interviews with 10 officers of the States of Jersey Police.

·     Interviews with the police legal adviser, the Magistracy and a Jurat.

·     Interviews with two honorary police liaison officers, the Director of Home Affairs, Deputy Agent of the Impôts  and the Educational Welfare Service.

·     Examination of written feedback and interviews with 46 attendees at Parish Hall Enquiries.

·     Examination of written feedback and interviews with 12 victims.

Historical context of the Parish Hall Enquiry

6       Until the last half of the 20th century, Jersey was essentially a rural society. Tourism became an increasingly important industry between the two world wars and grew considerably in the post war years. However, during the last 25 years the financial services industry has overtaken both agriculture and tourism to become the principal force in the Jersey economy. Jersey has evolved into a highly successful and wealthy offshore finance centre with money deposits in excess of £135 billion. The Island is now reliant on the income produced from this industry to fund its infrastructure.

7       Honorary service in Jersey has its roots in a feudal system of social organisation underpinned by the existence of the ‘fief’.  The organisational framework of the parish evolved through a series of relationships of paternalism and deference to the King and the officials appointed by individual fiefs.  The current parish structure became established in the 12^th century and possibly earlier. Initially providing a framework for ecclesiastical organisation, it also provided a useful organisational unit for both the civil and military authorities. The parish also became established both as a community and an entity in law.[2]

8       Despite the  small geographical area of the Island, from a cultural perspective, rather than becoming  a single Island-wide community, Jersey developed unusually, as an island comprising twelve separate ‘bubbles of governance’,[3] each having considerable discretion to shape and control the events that took place within parish boundaries.  All parish matters, including policing, were dealt with by a system of unpaid officers, elected and controlled by the ‘principaux’ of each parish.

“In an Island characterised by a lack of communal expression, the parish, as the only institutional representative of a collective identity, reflected the attitudes and responses of the rural population to change and possible threats to the traditional way of life.”[4]

9       The role of the parish as the primary unit of social organisation in Jersey should not be under-estimated. The existence of the parish as a separate entity, independent of Island central control, is important to understanding the social and political circumstances which have allowed the systems of honorary service to prevail into modernity.  Les assemblées paroissales and the honorary officers continue to form a powerful political body, able to some extent to influence the direction of Island government. 

10     The law in Jersey has evolved from a system appropriate to an agrarian society to the complex classification necessary to underpin the requirements of an international finance centre. What is significant about this transition is the uncharacteristic absence of a process of industrialisation that is visible in almost all modern societies. Throughout this transitional process, reliance upon customary law has ensured that the honorary system proved remarkably resilient in a changing context. In addition, the political influence inherent in the system has given it some protection from outside pressure.

Honorary police organisation

11     The honorary police service has its origins in ancient community organisation. The Connétables and Centeniers are elected by the electors of the parish, i.e. those inhabitants whose names are on the electoral register.   The honorary police are subject to the general supervision of the Attorney General, and provide an effective and powerful intelligence network that criss-crosses the island.  Each parish has a body of honorary officers responsible to the Connétable, the elected head of the parish. Their jurisdiction does not extend outside the boundaries of that parish, except in extraordinary circumstances, e.g. when in hot pursuit of an offender.  Officers swear an oath before the Royal Court undertaking to maintain peace and order in their parish and to bring wrongdoers to justice.

12     The following quotation from the French commentator, Le Cerf, invokes the essence of honorary policing in Jersey -

“La Police est, dans les îles, l’objet d’un respect universel. Cela tient à ce qu’elle est partout et qu’on ne la voit nulle part.”[5]

13     Imperceptibly, the existence of an unpaid body of volunteers pervades Island life helping to maintain peace and social order in the parishes.  (It was this notion of unremitting watch that figured largely in Peel’s creation of a paid police body in London in 1829).

The Parish Hall Enquiry

14     For the purposes of this article, it is useful to summarise the characteristics of a Parish Hall Enquiry although these will be familiar to many readers. Any person reported for committing any offence in Jersey will ultimately appear before a Centenier who will decide what action is to be taken in respect of the alleged offence. In all but serious offences, offenders will be invited to attend at the Parish Hall of the parish in which the alleged offences were committed,  to have the circumstances reviewed by the Centenier of that parish. ‘Parish Hall Enquiry’ refers to the process of preliminary investigation conducted by a Centenier to ascertain whether there is sufficient evidence to justify a prosecution and whether or not it is in the public interest to present the matter before the Court.[6]

15     The Parish Hall Enquiry has no legal definition and it is not a court of law. Enquiries are usually held in the evening, attendance is voluntary and the attendee can at any time request that the case be heard before the Magistrate. If a person warned to attend at Parish Hall Enquiry does not attend, the Centenier may choose to issue a summons requiring the person to appear before the Magistrate unless the offence is considered to be so trivial as to be a waste of court time.

16     The purpose of the Enquiry is for the Centenier to decide -

(1)  whether there is sufficient evidence to justify a charge;

(2)  if so, whether it is in the public interest to prosecute or whether the matter can be dealt with in some other way at the Enquiry; and

(3)  if the matter is to be dealt with at the Enquiry, the appropriate method of disposal.

17     The term ‘Parish Hall Enquiry’ is a misnomer in that hearings held by the Centenier can be convened anywhere within the boundaries of the Parish in which the alleged offence took place. ‘Parish Hall’ enquiries may be conducted on the roadside or in parishioners’ homes.   Reference to the Parish Halls came only after their construction in the late 19th and early 20th centuries, when alleged offenders would be warned to attend the Parish Hall to ‘see the Centenier’.

18     The Enquiry is a private hearing and it is a matter for the discretion of the Centenier as to whether an attendee may be accompanied by any other person. The results are not published in the widely read local newspaper. The outcome of the Enquiry is recorded by the Criminal Justice Unit at Police Headquarters.  This does not constitute a criminal conviction, but is regarded as a ‘Parish Hall sanction’. This record may be produced at subsequent Enquiries and Court appearances within the Island. There is no requirement  to declare parish hall sanctions on job applications or visa requests. There is no reference to sanctions meted out at Parish Hall Enquiries in the Rehabilitation of Offenders (Jersey) Law 2001 because they are not recognised as criminal convictions.

19     The States of Jersey  Police are not an essential component in the operation of the system although most cases come before the Centenier on a reference from them.  Alleged offenders can be referred to the Centenier for Enquiry by other honorary police officers of the parish, Customs and Excise officers, Agriculture and Fisheries officials and Education Welfare Officers.   Approximately  5000 offences are dealt with each year across the parishes. These include motoring offences, malicious damage, public order, theft and minor assaults.  The power of Centeniers (and Connétables) to levy fines summarily up to the statutory maximum is however limited to certain road traffic and other public order offences.[7]

The role of the Centenier at a Parish Hall Enquiry

20     The Centenier is required to adjudicate upon the facts of each case and decide whether or not it is in the public interest to prosecute the offender. The Centenier outlines the facts of the case as they have been presented and the attendee is asked whether or not he/she agrees with their interpretation. If the attendee does not agree that the facts of the case are an accurate representation of the incident, the Centenier is required to remand the case to the Magistrate’s Court for trial.  The Centenier is not empowered to decide guilt. In usual circumstances, every attempt is made to persuade the attendee from entering the formal system.

21     The Parish Hall Enquiry is a participatory forum and there is much negotiation between all the parties about the circumstances of the offence and the appropriate sanction. 

22     The Centenier has a number of options available -

·     No further action - The Centenier may offer “words of advice” to the attendee and no further action is taken regarding the offence. There is often an element of reparation or restoration attached including a letter of apology or compensation to a victim.

·     Written Caution  - The Centenier may issue a written caution as an alternative to prosecution.

·     Financial penalties - The Centenier may impose fines up to £100 for certain statutory offences.

·     Voluntary supervision orders – The Centenier may  place attendees  (usually young offenders) under the supervision of either the Probation Service or the Alcohol and Drug Service. Upon successful completion of a supervision programme, the offender returns to the Parish Hall, usually after a three to six month period where the Centenier issues a written caution as an alternative to prosecution.     (This is an important part of the process because it reinforces the positive behaviour through praise for a successful completion.)  However if the attendee re-offends or does not attend appointments at the relevant agency,  they will  be returned to the Centenier who may choose to prosecute.

·     The Pitstop scheme - The Centenier may  use this scheme for young people who have committed a motorcycle motoring offence. The  scheme  aims to teach young people to ride motorcycles safely and responsibly. Successful completion of this scheme results in a written caution as an alternative to prosecution.

·     Deferred Decision - The Centenier may defer the decision to a later date.  This tends to be used in conjunction with other conditions such as paying compensation or writing a letter of apology. At the conclusion of the deferment period, the Centenier will either take no further action or issue a written caution.

·     Charge and bail for a Court appearance. - The most important power that a Centenier has is formally to charge and bail offenders to appear before the Magistrate . Unlike the position in other jurisdictions, the States of Jersey Police do not have this power.[8]  It is important to appreciate that all the above options, except the last, are consensual, i.e. they can only be adopted with the agreement of the offender.

The importance of informality

23     There is a strong tradition of research in criminology about how behaviour is regulated in practice, and the various reasons and processes which lead people, most of the time, to comply with the law. The general picture emerging from this research is that most behaviour is regulated by informal processes and everyday interactions which convey social expectations and discourage norm-violating behaviour.[9]  The main function of a  formal system is to take over where informal systems fail but in any society, the main sources of peace and order lie in the efficacy and strength of informal systems.

24     The informal nature of the Centenier’s Enquiry and the honorary system upon which it depends have maintained order and upheld peace in Jersey for nearly 800 years. The Parish Hall Enquiry operates within an open model that means that almost anything and everything is possible when it comes to dealing with dispute resolution.

25     Roberts[10] examines some of the mechanisms used by traditional communities to keep social peace and maintain order. A key theme is the belief that order and continuity can be established without recourse to a formal legal framework. Law does not have to be interpreted by taking for granted some centralized state organisation. The presence of rules, courts and sanctions are not essential to effective forms of social control.  Disputes and conflicts are considered normal behaviours and do not indicate a malfunction in society. The handling of disputes is dependent upon the make-up and beliefs and norms of society in which disputes take place.

“In any small closely knit community where people find themselves in continuing face to face relations, the threat of exposure to ridicule, disgust, provoking feelings of shame and remorse must represent an important mechanism of control.”[11]

26     Braithwaite[12] also endorses the belief in the power of the community to exercise social control.  Applying his model of conditions conducive to ‘reintegrative shaming’, Jersey would seem to possess all of the necessary mechanisms to ensure effective social control. The centrality of the parish as the unit of social organisation provides the foundation for most of the other attachments. Multiple relationships of interdependency are evident including the presence of extended family, residential immobility, low urbanization, strong religious influence and social groups.

“Crime is best controlled when members of the community are the primary controllers through active participation in shaming offenders, and, having shamed them, through concerted participation in ways of reintegrating the offender back into the community of law-abiding citizens.”[13]

27     Data emerging from the research project shows high levels of re-integrative shaming  and pro-social modelling by Centeniers. There is a fine balance between effective shaming and stigmatising influence. Braithwaite[14] develops this at length. The very fact that the Parish Hall Enquiry does not publicly shame offenders may assist in the maintenance of order. Interviews with attendees at the  Parish Hall suggest that the omnipresent threat of Court proceedings and the consequent publication of  personal details in the widely read local newspaper provide a particularly strong incentive to conform to the sanction of the Centenier.

28     Whilst largely oblivious to Braithwaite et al., systems of honorary service in Jersey have worked for centuries to promote the development of  employment opportunities, education and training, the reinforcement of positive behaviour and pro-social modelling. These are all areas that ‘What Works’ theorists  recognise as crucial to reducing re offending and the establishment of safer communities.[15] 

“ Low crime societies are societies where people do not mind their own business, where tolerance of deviance has definite limits, where communities prefer to handle their own crime problems rather than hand them over to the professionals.”[16]

29     The Parish Hall Enquiry model has not evolved as a result of specific policies of re-integration but as a result of hundreds of years of community development which have given interdependencies Teflon-like strength. All offending behaviour is considered to be unacceptable and the Parish Hall Enquiry system ensures that disapproval is articulated. Centeniers report that the success of the system relies upon reintegrative principles that operate to draw the attendee back into the community. The fact that the attendee must attend at the Parish Hall in which the offence was committed is a first step in this process. In Jersey, this will never be more than two miles away from the scene of the crime.

30     Finance is now the cornerstone of the Island’s economy and much of the skill and expertise to maintain its prominence has been ‘imported’. This is also evident  in  public administration and criminal justice agencies. When the composition of the traditional community starts to erode, the impact of gossip and scandal has a lesser effect. Newcomers may feel less able to comply with community norms, primarily because they do not understand them and have less  long-term investment in maintaining social peace.  The extent to which this influx of ‘strangers’ will further erode the power of the traditional organisational structures remains to be seen.

Emerging findings

31     The following points are an attempt to summarise the main findings which are so far emerging from the interviews with Centeniers, attendees and others and the observations of the enquiry process in practice. The main themes are emerging clearly enough at this stage to be worth summarising in this article.  These include -

·     high levels of re-integrative shaming (see above) used by Centeniers;

·     high levels of satisfaction with the process among both offenders and victims;

·     the capacity of most Centeniers to engage parties in serious and realistic discussion about  offending and possible remedies;

·     clear evidence that the process engages most offenders in taking responsibility for what has happened. Court appearances, by contrast, are more likely to lead offenders to feel and behave like passive recipients of other people’s decisions;[17]

·     high levels of “pro-social modelling” i.e. both encouraging and demonstrating positive and responsible attitudes, assumptions and behaviour. (This has been identified in the international research literature as a critical component of effective rehabilitative work with offenders);[18]

·     very low cost and therefore high cost-effectiveness;

·     a lack of consensus between some of the parties involved in the criminal justice process about the purposes of Parish Hall Enquiries;

·     the vulnerability of the system to attempts by key individuals to influence and change practice in a way which sometimes does not build on the strengths of the system, and can inadvertently weaken it;

·     a tendency for the process and function of the Parish Hall Enquiry not always to be explained to participants. This does not attract criticism from attendees but risks doing so from other parties in the criminal justice system.

Conclusion

32     Overall, then, the evidence so far supports the view that the Parish Hall Enquiry deals successfully and appropriately with a wide range of mostly minor offending and makes a very useful contribution in this role. In effect, the Parish Hall Enquiry is the conventional response to offending behaviour in Jersey. Centeniers assert that every attempt is made to prevent offenders entering the formal court system. The model presumes that reintegration is best achieved through a process that begins and ends in the community, not in the formal justice system.  In other jurisdictions, interventions are located within the criminal justice system (anti social behaviour orders,  acceptable behaviour contracts, referral orders, restorative justice initiatives). What is unique about the Parish Hall Enquiry is that it exists outside the formal criminal justice system. It is organised and resourced by the community. It “defies classification in a modern legal framework.”[19]

33     The private, informal nature of the Centenier’s Enquiry has changed little since its evolution in medieval times. Despite reports and recommendations for reform, the Parish Hall Enquiry has continued along traditional lines. The fact that it has no definition in law or clear role vis à vis court diversion does not seem to be of great importance to the attendees. However, there is  some evidence emerging to suggest that the traditional role of the Centenier’s enquiry is being eroded by modern attempts at reform in order to achieve measurable outcomes.[20]

34     In this context, the research so far suggests a need to address some questions which mainly concern the articulation of the Parish Hall Enquiry system with the wider criminal justice system. For example -

·     Do attempts to achieve procedural uniformity and consistency within the Parish Hall Enquiry system run the risk of undermining the flexibility and responsiveness to the circumstances of the individual case which appear to be essential components in the system’s current effectiveness ? (For example, does the requirement to take an increasing range of cases direct to Court risk diminishing the role of the Parish Hall Enquiry ?)

·     Is there full agreement about the respective roles, responsibilities and functions of the States police and the honorary police? Relations between the two occasionally have the flavour of territorial disputes.  This is not consistent with the need for legitimate authorities to be seen to be working harmoniously together.

·     What steps would need to be taken to adapt the Parish Hall Enquiry to the social changes which are occurring in Jersey society and are likely to accelerate in the future?

·     How and by whom can policies be developed for the Parish Hall Enquiry system as a whole in a context where parishes have traditionally operated autonomously ?

35     It should also be noted that many other jurisdictions in many industrialised countries around the world are currently seeking to rediscover the benefits of informal systems which have been allowed to fall into disuse. Often this is happening because modern, high-cost systems of law enforcement and adjudication are not fully delivering the levels of satisfaction and community safety expected by the public. 

36     Jersey may have an almost  unique opportunity to integrate the benefits of traditional, informal  community justice into a modern criminal justice system in a way which both promotes effectiveness and saves public money. This would represent a considerable benefit, not only to the Island itself but to other jurisdictions looking for solutions to their own problems.

Peter Raynor is Professor of Applied Social Studies at the University of Wales, Swansea.

Helen Miles is Research and Information Manager at the Jersey Probation and Aftercare Service and part-time research student at the University of Wales, Swansea.

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