Roles of The Bailiffs
Originally, the Bailiff was both legislator and judge, but the position has become increasingly concentrated on the judicial functions. The Bailiff presides in the main trial court in his island— the Royal Court of Jersey and the Royal Court of Guernsey, where they sit with Jurats', elected lay judges responsible for making finds of fact. The Bailiff of each island is also a member of the court of appeal in his island, and that of the other.
The Bailiffs are the Presidents (presiding officers) of the legislatures—the States of Jersey Assembly and the States of Deliberation in Guernsey.
Constitutional changes introduced in Jersey (2005) and Guernsey (2004) created posts of chief minister and ministerial systems of government. This has altered the executive functions of the Bailiffs but they continue to have a residual executive role (for example, they see correspondence between the chief minister of their island and the UK government and may be involved in any political decisions affecting the constitutional relationship between the islands and the United Kingdom). Each Bailiff continues to be the 'first citizen' of the island, carrying out civil and ceremonial roles.
By constitutional convention he or she (though to date there have been no women holders of the office) and the Deputy Bailiff are invariably selected from among those who have previously held the senior office within the Law Officers of the Crown–the Procureur in Guernsey and the Attorney General in Jersey. Bailiffs and Deputy Bailiffs in modern times have also invariably been qualified as advocates in their respective islands.
A Deputy Bailiff in each Bailiwick may preside in the Royal Court and States Chamber when the Bailiff is not available. Senior Jurats may be appointed as Lieutenant-Bailiffs to perform some ceremonial duties in lieu of the Bailiff on occasion as well as presiding over judicial proceedings generally of an administrative nature.
In 1617 a Privy Council decision clarified the division of civil and military responsibilities between the Bailiffs and the Lieutenant Governors in Guernsey and Jersey. For the first time the Crown laid down the Bailiff’s precedence over the Governor in judicial affairs and in the States chamber.
Read more about this topic: Bailiff (Channel Islands)
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