This article considers whether the Royal Court of Guernsey has power to award costs in criminal cases, with a particular focus on whether a defence costs order (meaning an order for payment of the defence advocate’s fees) may be made against the prosecution in the...
Judging The Jurats: Exploring The Legitimacy Of The Jurats’ Role
Guernsey currently has no jury system, no lay magistrates, no sentencing guidelines and no sentencing council. Instead, it has Jurats: lay people, elected to serve for life by an electoral college. They receive no formal training as adjudicators of fact and sentence....
Electoral Systems In Semi-Party Systems
This article considers the recent changes in the electoral systems for Jersey and Guernsey, which are the product of over two decades of constitutional debate. It will do so in the context of an increased experimentation with party politics. It will be argued that the...
Aspects Of Grave And Criminal Assault
A recent judgment of the Jersey Court of Appeal in the case of Hill v Att Gen1 provides a rich seam of learning which advances understanding. In it, Sir William Bailhache, JA, who delivered the judgment of the court, provides a closely reasoned and thoughtful analysis...
Simple Interest: The 1962 Amendment Of The Code Of 1771
For centuries, Jersey imposed caps on the interest rates that could be charged on money lent. By the early 1960s, a prohibition aimed at usury was looking increasingly outmoded in a world where financial services were increasingly sophisticated and internationalised...
The Role Of The Attorney General As Partie Publique In Civil Cases
This article considers the origin and extent of the role of the Attorney General of Jersey as guardian of the public interest in civil cases.