This is a
translation of the
Loi (1864 )
concernant la charge de Juge d’Instruction
(Chapter 07.525)
as in force on 1
January 2019
This is not an
authoritative translation of the Law. Whilst it is believed to be correct, no
warranty is given that it is free of errors or omissions or that it is an
accurate translation of the French text. Accordingly, no liability is accepted
for any loss arising from its use.
Law (1864)
concerning the office of Magistrate (Juge d’Instruction)
A LAW determining the establishment, mode of appointment,
and the functions of the Magistrate
WHEREAS the Law of Criminal Procedure, passed by the States on 23 March
1863, and sanctioned by Her Majesty in Council on 1 March 1864, imposes on the
Magistrate new and onerous functions, which will oblige him to a daily and
prolonged court attendance, and will occupy all the time at his disposal, and
will hinder his ability to perform any other public function;
That, consequently, this office cannot be occupied by a
Jurat, whose presence at sittings of the Royal Court is often required, and
even indispensable, for the due administration of Justice, and that there is an
urgent necessity to provide for the regular execution of the provisions of the
said Procedure Law by the establishment of a special, permanent and
indispensable Magistracy;
To these ends the States have resolved to adopt the
following Law, subject to the sanction of her Most Excellent Majesty in Council
–
Article 1
(1) The same
Magistrate shall discharge the functions of both Judge of the
Magistrate’s Court and Judge of the Petty Debts Court; he or she shall be
appointed by the Bailiff and, if the Bailiff judges it necessary, the Bailiff
may appoint one or more Assistant Magistrates to assist the Magistrate in
discharging the duties of that office, and in this Law and in any other
legislation a reference to the Magistrate includes a reference to the Assistant
Magistrate.
(2) The following shall be
deemed to be qualified to discharge such office –
(a) Jurats of the
Royal Court;
(b) advocates and
solicitors (écrivains) of the Royal Court of at least 10 years standing
or who have held office as a Crown Officer;
(c) any person who is
or has been in office as a Judge in the Commonwealth;
(d) any person who
has practised for at least 10 years –
(i) either at
the Bar of England and Wales or as a Solicitor of the Senior Courts of England
and Wales,
(ii) either as a
member of the Faculty of Advocates or as a Solicitor in Scotland,
(iii) either at the Bar of
Northern Ireland or as a Solicitor of the Court of Judicature of Northern
Ireland, or
(iv) at the Bar of
Guernsey.
Article 2
(1) The Magistrate
appointed by virtue of Article 1 of the present Law (hereinafter referred to as
“the Magistrate”) shall take oath before the Royal Court well and
faithfully to discharge the duties of his or her office.
(2) The Magistrate shall
cease to exercise his or her functions when he or she shall attain the age of
70 years; provided that it shall be lawful for the States to keep him of her in
office for an additional fixed period.
(3) The Magistrate may not
be dismissed from office other than by virtue of an Order of Her Majesty in
Council.
Article 3
The Magistrate shall receive such
salary and allowances, and shall be entitled to such pensions and bonuses as
shall be determined from time to time by the States Employment Board
established under the Employment of States of Jersey Employees (Jersey) Law
2005 following consultation by the Board with the Magistrate.
Article 4
In case of a vacancy in the said
office by the death or the resignation of the Magistrate or for any other
reason, the vacancy shall be filled in the manner provided by Article 1.
Article 5
Once sworn to office, the
Magistrate may not discharge any other public office. If the person appointed
is a Jurat, that office shall become vacant upon the person being sworn to
office as Magistrate, and a public election shall immediately be ordered by the
Royal Court to replace him or her, subject to the exception contained in
Article 6.
Article 6
In the case of absence of the
Magistrate for any reason or in the case of a vacancy in the office of
Magistrate, or for any other reason for which the Bailiff considers it
necessary, the Bailiff shall appoint a person having the necessary qualification
referred to in Article 1(2) to perform the functions of the Magistrate during
that absence or vacancy or for such period as the Bailiff may consider
necessary.