ECHR 2: Are Jurats an affront to your civil liberties?
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Extract from: Jersey Courts – Jurats
Italics indicate editorial additions.
Jurats are elected to serve in the Royal Court and to decide questions of fact in court cases. They sit next to the judge and not only decide the facts in both civil and criminal trials; they also award damages and fines as well as determine sentences.
The work of the Jurats is unpaid (although they receive substantial "expenses" and benefits such as free parking in Vine Street) and they are appointed by the Electoral College, consisting of the Bailiff, Jurats, the Connétables of the twelve parishes of Jersey, the elected States Members, members of the Jersey Bar and Solicitors of the Royal Court.
It seems likely that this would cause a declaration of incompatibility under Article 3 of Protocol 1 of the Convention as all elections for public bodies must be held by universal suffrage.
When there is a vacancy, a copy of a letter from the Bailiff announcing this is delivered to each member of the Electoral College. If there are as many candidates as there are vacancies, all the nominees become Jurats. If there are more candidates than vacancies, a ballot takes place at a specially convened meeting of the Electoral College held in the Royal Court. If the first ballot results in an equal number of votes, the Bailiff calls for another vote. If the second ballot is also inconclusive, only then is the Bailiff permitted to vote and declare the final result.
Any person who contests the validity of the appointment of a Jurat by the Electoral College may present a Remonstrance (Representation) to the Superior Number of the Royal Court.
Every Jurat appointed by the Electoral College is required to take an oath of office before the Superior Number of the Royal Court. The oath is most likely to have been in existence since 1204.
Cases heard before Jurats in the Inferior Number of the Royal Court
The Bailiff and two Jurats constitute the Inferior Number of the Royal Court. The Inferior Number tries all contested civil matters (other than within the Petty Debts Court). Customary law offences such as murder, manslaughter, rape, grave and criminal, indecent or common assault, fraud and theft are tried before a jury at a Criminal Assize.
The Inferior Number also tries the more serious statutory offences beyond the jurisdiction of the Magistrate. The criminal cases most commonly heard are under the Misuse of Drugs (Jersey) Law 1978 and the Customs and Excise (Jersey) Law 1999, which can attract prison sentences of up to fourteen years.
The Inferior Number may impose custodial sentences of up to four years but hears cases where the ultimate sentence may exceed that limit before referral to the Superior Number.
The Superior Number of the Royal Court
The Superior Number consists of the Bailiff and at least five Jurats.
It primarily sits as a sentencing court in criminal matters where a custodial sentence is likely to exceed four years. It also hears appeals against sentence imposed by the Inferior Number but does not ordinarily try civil or criminal cases at first instance.
The respective functions of the Bailiff and Jurats are set out in Article 16 of the Royal Court (Jersey) Law 1948. The Bailiff is the sole judge of law and procedure and has the power to award costs.
The Jurats determine the facts, award damages and determine the sentence, fine or other sanction. Where necessary the Bailiff has a casting vote:
(a) if two Jurats are divided as to the facts, damages, sentence, fine or other sanction; or
(b) if more than two Jurats are divided so that a casting vote is required to produce a majority opinion.
Jurats also act as Returning Officers for elections to the States of Jersey, including Senators, Connétables and Deputies, together with elections for Procureurs du Bien Public and Centeniers.
A declaration of incompatibility is likely in regard to any matter relating to elections because proceedings brought under the Human Rights (Jersey) Law 2000 are required to be heard by the Royal Court sitting with Jurats. As Jurats act both as election officials and members of the court hearing challenges relating to elections, there may be no independent tribunal available to satisfy the requirements of natural justice.
How much longer the position of Jurat continues to exist is largely a matter of how long before someone brings the incompatibility with the Convention before the Court. The difficulty is that the Royal Court Rules themselves require Jurats to sit in such proceedings.
Jurats also sit as members of the Licensing Assembly, the Gambling Licensing Authority, the Probation Committee, the Prison Board of Visitors, and disciplinary appeal panels relating to both the Honorary Police and the States of Jersey Police.
Historical Archive Update: This page was updated on 26 July 2026. The content has been preserved as originally published. This update was undertaken solely to modernise the HTML markup, improve accessibility, update obsolete links where appropriate, and bring the page into line with current web standards.
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