Magistrate's Court
Magistrate's Court
Philip Le Gallais, the first Magistrate
Originally established in 1853 as the Police Court, the Magistrate's Court, which was renamed in 1996, can try any criminal offence if the Magistrate considers that the appropriate sentence is not more than one year in prison or a fine of £5,000
If the Magistrate considers that a heavier sentence might be appropriate, then the case will be committed to the Royal Court for trial. Similarly if, having tried the case, the Magistrates subsequently decide that their sentencing powers are insufficient, they may refer the case to the Royal Court for sentencing.
The Magistrate’s Court deals with approximately 95% of criminal cases. Cases in the Magistrate’s Court are heard by a professional, legally qualified Magistrate, Assistant Magistrate or Relief Magistrate. The Magistrate and Assistant Magistrate are full time judges appointed by the Bailiff . Relief Magistrates are appointed by the Bailiff from among experienced private sector lawyers.
Appointment and removal of Magistrate
The Magistrate is appointed by the Bailiff and can only be removed by an Order of Her Majesty in Council. The Magistrate is obliged to retire from office at the age of 70, although the States of Jersey has the power to permit the Magistrate to remain in office for a specified time thereafter.
Qualifications
The following persons are qualified to be appointed Magistrate
- Jurats of the Royal Court
- Crown Officers (Her Majesty’s Attorney General and Her Majesty’s Solicitor General)
- Advocates and Solicitors of the Royal Court of at least 10 years’ calling
- Those who have exercised judicial office in one of the countries of the Commonwealth
- English Barristers and English Solicitors of at least 10 years’ calling
