This is a service provided by the Jersey Bar Association at their own expense, under which persons who cannot afford or cannot obtain a lawyer can do so. It is granted to persons who cannot afford the full cost of legal representation and who require such representation. Legal aid in Jersey is not provided by the States of Jersey. Customary law is a source of law in the legal system of Jersey. It has been described as “the product of generally accepted use and practice. He has no formal sanction or authority behind him, except the general consensus of opinion within the community. [10] It differs from English common law, where rules established by a superior court judge are binding because they are made by a judge. In customary law, the role of the judiciary is to seek evidence of “generally accepted usage and practice”. Of greater importance to Jersey law is “The Great Custom of Normandy”, written in the period 1245-1258, originally in Latin manuscript (Summa de Legibus). [18] The first printed version dates from 1438. It establishes the law and practice of Normandy in the form of 125 articles.
It is likely that the original author was “a jurist or individual scholar, rather than being an official work in any way.” [19] Viberts has a long-standing commitment to providing family law advice to everyone, whether or not they receive legal support, and we have a large and experienced team that can handle all types of family law issues. We are also aware that many cannot afford full retail rates, which is why Viberts has developed a brand new product for people with limited income and capital called “Family Aid”. The aim is to create an affordable solution for those who are no longer eligible for legal aid and who would really benefit from expert legal advice. The legal profession in Jersey has three types of qualified lawyers in Jersey: lawyers, lawyers and notaries. [70] [71] Lawyers have the right to represent their clients in all courts. Lawyers in Jersey do not have general rights of the public. Notaries have no right of hearing. The Law Society of Jersey[72] is the professional body responsible for professional conduct. Notaries are regulated by the Archbishop of Canterbury`s Faculty Office by the Dean of the Arches, known as the Master of Faculties, who is usually an English KC. [73] The purpose of legal aid in Jersey is to assist people with legal needs who cannot afford the full cost of legal representation.
A new publicly funded legal aid scheme could be set up if Jersey politicians agree. The law of Jersey also relies on cases brought before other jurisdictions, particularly in England and Wales. English law is used in criminal law and its continuation seems inevitable, although Jersey has taken a different path from England and Wales in some key areas such as sentencing. In land and inheritance law, however, English law is of little importance. Norman custom is too far removed from English law for English law to be a useful tool. In contract law, English cases are cited and often followed. In fiduciary law, English business is a persuasive force in decision-making. In tort law, English law has largely prevailed over French law in its influence on the development of tort law on the island.
However, Jersey law sometimes refuses to follow the decisions of the English legal system, for example in the case of The Siskina in the House of Lords. [9] Once a law has received Royal Assent, the final step is to register it with the Royal Court of Jersey. At this point, it is “adopted”. The Act shall then be enacted on a date to be determined by the competent Minister of Jersey. There may be significant delays between the adoption of a law and its legal effect, for example when civil servants need to be trained, computer systems put in place or funds found to finance the new system. Prime Minister John Le Fondre said the programme would ensure that the government fulfills its obligation to “ensure that legal representation in criminal matters is available to all members of the community and provides an improved system of criminal legal aid”. Jersey law has been influenced by various legal traditions, including Norman customary law, English common law, and modern French civil law. [1] The Bailiwick of Jersey is a separate jurisdiction from the United Kingdom and also differs from that of other Channel Islands such as Guernsey, although they share some historical developments.
Jersey`s legal system is `mixed` or `pluralistic`, and the sources of law are in French and English, although since the 1950s the main working language of the legal system has been English. Jersey`s legal system does not follow the strict rules of binding precedents that exist in common law jurisdictions such as England and Wales. [38] The Royal Court is not bound by its own previous decisions on a point of law, but will generally follow them unless it is satisfied that the previous decision was wrong. A similar approach was taken by the Court of Appeal. However, all courts in Jersey are bound by questions of law decided by the Judicial Committee of the Privy Council in previous Jersey appeals to that Tribunal. The bailiff appoints the magistrate and deputy magistrate (who occupy full-time positions) and part-time relief magistrates (legal practitioners who perform remunerated functions on a daily basis). [47] It is now customary for the bailiff to convene a committee to advise on employees. [48] There is no publicly funded legal aid system in Jersey, although the States of Jersey may pay defence counsel fees at their discretion in serious criminal proceedings[78] and in cases involving children. [79] During their first 15 years of operation, lawyers and solicitors in Jersey, but not notaries, are required to participate in a programme organised by the profession to ensure, as far as possible, that persons without sufficient resources are not prevented from pursuing or defending civil and criminal cases in the courts of the island. The system is managed on behalf of the President of the Bar (a high-level profession). The files recognized as eligible by the President of the Bar are assigned to lawyers on the basis of the rotation (i.e.
after the train). Depending on the income and wealth of litigants, lawyers may work pro bono or charge reasonable fees in accordance with published guidelines. [80] A lawyer handling a legal aid case may choose to appoint another lawyer to handle the matter, and several law firms have established specialized legal aid services. [81] Calls for reform of the current system are numerous and long-standing. [82] All courts in Jersey are required by Article 6 of the European Convention on Human Rights to be “independent and impartial.” [4] In 2000, the European Court of Human Rights ruled in McGonnell v. United Kingdom[61] that there had been a violation of Article 6 in Guernsey when the bailiff or deputy bailiff sat as President of the States of Guernsey, when legislative proposals were discussed, and subsequently sat as a judge of the Royal Court of Guernsey in a case, in which that legislation was relevant. The court noted that there was no indication that the bailiff was “subjectively biased” and stated that the “mere fact” that this had happened could cast doubt on the bailiff`s impartiality. A bailiff and assistant bailiff in Jersey can avoid a McGonnell situation by simply not sitting on the Royal Court when it comes to the legislation that was discussed when he was presiding in the United States. The current bailiff, Mr. Michael Birt, acknowledged that “we probably need to improve our systems to be very McGonnell compliant and that you should probably keep a routine list of the statutes I have presided over so that I can at least ask the parties to determine whether or not they want to object.” [62] In a recent review by the States of Jersey chaired by Lord Carswell, Rabinder Singh, QC, received a legal opinion in which he argued that “there is no legal reason to amend the current constitutional provisions with respect to the bailiff. However, the trend suggests that the course of history speaks of reform and that the legal situation will be different in 10 years.
[63] Lord Carswell`s inquiry report concluded that Mr. Singh`s opinion “provides an additional reason why the bailiff should cease to be President of the States.” [64] The States of Jersey did not accept this aspect of the Carswell Report. Many prominent Islanders do not believe change is necessary or desirable. [65] The northern and western regions of medieval Europe “were a mosaic of territorial territories where the main source of law was customs, customs and customs that had become relatively firm and established.” [12] Norman law was based on oral tradition and repeated practices in feudal society. [13] The oldest known written account of the Old Custom of Normandy is the “Très-ancienne coutume”, which was first written in Latin manuscript around 1199 to 1223. It was probably translated into French around 1230. [14] [15] It is believed to be the work of scholars or court officials designed as a handbook for jurists. [16] A modern edition was compiled from various sources by Professor E. J.
in 1903. Tardiff. [17] In 2004, the Jersey Legal Information Board (JLIB) was established to promote “public accessibility of statutory law and legal procedures and an integrated and efficient judicial system through the use of information technology and other means.” [42] Royal Court and Court of Appeal judgments are published online on www.jerseylaw.je, with access to “unpublished” judgments open as part of the Free Access to Law movement. I had been part of the team for several years, negotiating changes to the legal aid system that had been in place for many decades, but without financial input from the government and with lawyers in Jersey who covered the full costs.