About the Magistrate’s Court

The Magistrate’s Court is the first court of the criminal justice system in Jersey. It deals with criminal proceedings against people who are 18 or older. A person younger than 18 is dealt with in the Youth Court.

When charges are too serious for Parish Hall Enquiry, or the person has already attended a Parish Hall Enquiry on numerous occasions, the person appears before the Magistrate’s Court.

The Magistrate’s Court is a court of “summary jurisdiction”. This means that the Magistrate is the judge of both fact and law and must either convict the accused or dismiss the case. This means that the Magistrate conducts proceedings which may result in a conviction without a trial by jury or Jurats. If a defendant pleads guilty or is found guilty at trial, the Magistrate decides the penalty. The Magistrate sits alone to hear matters.

There are two ways in which an individual can be brought before the Magistrate’s Court: by arrest and presentation with the least delay, or by summons on pain of arrest.

Approach of the Magistrate’s Court

The overriding objective of the Magistrate’s Court is determined by the Criminal Procedure (Jersey) Law 2018. The Magistrate’s Court approach is to ensure that all cases in criminal proceedings are dealt with justly. This includes acquitting the innocent and convicting the guilty, recognising the rights of the defendant, particularly the right to a fair trial, and dealing with cases efficiently and expeditiously.

Powers of the Magistrate’s Court

The maximum penalty which can be imposed by the Magistrate is 12 months' imprisonment, and / or a Level 3 fine (currently £10,000). Where the appropriate penalty for an offence is greater than the Magistrate’s sentencing powers, the matter is sent to the Royal Court. The Royal Court also acts as an appeal court for matters dealt within the Magistrate’s Court. Determination of bail and conditions of bail are considered at every hearing.

Who’s who in the Magistrate’s Court

Judiciary

The Magistrate’s Court is presided over by the Magistrate. Below the Magistrate is the Assistant Magistrate. There are five Relief Magistrates who assist the Magistrate and Assistant Magistrate. All Magistrate’s Court judiciary have the same judicial powers.

Magistrate: Bridget Shaw
Assistant Magistrate: Adam Clarke
Relief Magistrates: David Cadin, David Le Cornu, Sarah Fitz, Peter Harris, Mike O’Connell, Nuno Santos-Costa

Court members

The Magistrate’s Court judiciary is assisted by the Magistrate’s Court Greffier and by the Viscount’s Department.

The Magistrate’s Court Greffier is the clerk to the Magistrate’s Court. They are assisted by a team of Greffiers who carry out administrative and support functions before, during and after the Court sits. The Magistrate’s Court Greffiers ensure that all cases are recorded accurately; they assist the Court by preparing directions and orders. The Magistrate’s Court Greffiers are a source of advice with respect to the administration of the criminal justice process in accordance with relevant procedures pursuant to the law, the rules and practice directions. All communication with the Court must be sent via e-mail to the Magistrate’s Court Greffier at mcg@courts.je.

The Magistrate’s Court Ushers are part of the Magistrate’s Court Greffe team. The Ushers prepare the court rooms, manage the Reception Desk and ensure that the right person is in the right court room at the right time.

The Viscount’s Department provide an executive office function to the Magistrate’s Court. This means that they enforce the orders made by the Court. For instance, the Viscount’s Department will collect fines, or issue a Summons for an arrest.

Who sits in a Magistrate’s Court hearing and what they do

Who	What they do
Magistrate	The Magistrate presides over the court. They actively manage cases in criminal proceedings. For instance they may give directions; they may try an offence where it is within their jurisdiction; they determine bail; they may impose penalties.
Greffier	The Greffier will say prayers at the start of the court sitting. The Greffier will call the case and provide a support function to the Court throughout the hearing, for instance they will manage a videolink where a person is attending remotely. Greffiers record the case and orders made.
Viscount's Officer	The Viscount’s Officer notes the penalties imposed and will discuss with the defendant how the penalty will be enforced on behalf of the court.
Prosecution	The Prosecution brings a case against the defendant on behalf of the Attorney General. The Prosecution may be represented by: A member of the Law Officers’ Department – such as a Legal Adviser or a Crown Advocate A Centenier
Defence Advocate	The Defence Advocate represents the defendant and acts on their instructions. A defendant may represent themselves.
Probation	The Probation officer may be asked by the Magistrate to give an oral report on a defendant. This might be in the context of ascertaining their willingness/ability to perform a Court Order. Where a sentence if imprisonment is considered, the Probation Officer will be directed to prepare a “Pre-Sentence Report”. Where a Court Order has been breached, the Probation Officer might be asked to address the Court on the breach.