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Judiciary of Jersey : ウィキペディア英語版
Judiciary of Jersey

The judiciary of Jersey is a branch of the government of Jersey that interprets and applies the laws of Jersey, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The Bailiff of Jersey is the President of the Royal Court (and also of the Court of Appeal). Individual trials are heard by the Bailiff, the Deputy Bailiff (also a full-time role) or a Commissioner. The Master of the Royal Court deals with some preliminary matters in civil cases. The Court is supported by the Judicial Greffier who acts as the Registrar.〔(【引用サイトリンク】title=The Royal Court )〕 In addition to the judge, the Royal Court includes a number of volunteer Jurats. The Jurats decide issues of fact in criminal and civil trials (except criminal assizes, when a jury is present), hand down sentences in criminal trials and award damages in civil trials.〔(【引用サイトリンク】title=Jurats )〕 All judges in Jersey are bound by a code of conduct, introduced in 2007, which requires them to "uphold the integrity and independence of the judiciary and perform their duties with competence, diligence and dedication".〔
==Appointment and removal==
The Bailiff and Deputy Bailiff are appointed by the Queen, on the advice of the UK Secretary of State for Justice. Vacancies for the Deputy Bailiff, Attorney General and Solicitor General are usually advertised and a shortlist of candidates is prepared by a selection panel comprising the Bailiff, the senior Jurat and the chairperson of the Jersey Appointments Commission. The selection panel interviews the candidates after consulting the Jurats, the States Consultative Panel (which includes the Chief Minister), some elected States members, senior lawyers (the Bâtonnier, the President of the Law Society, the former President of the Law Society of Jersey and the President of the Chambre des Ecrivains), the other Crown Officers and the local Commissioner of the Royal Court. The Lieutenant Governor then sends a single name to the Secretary of State for Justice.〔(【引用サイトリンク】title=Evidence of Mr M Birt (Bailiff), public hearing 4 May 2010 )〕 This process is not used for appointing the Bailiff because the Deputy Bailiff is seen to be training for the office of Bailiff.〔 The Bailiff, Deputy Bailiff and members of the Jersey Court of Appeal 'hold office during good behaviour'.〔(【引用サイトリンク】title=Court of Appeal (Jersey) Law 1961 )〕 The Secretary of State for Justice can dismiss a Jersey judge without consulting the States of Jersey, unlike senior judges in England and Wales whose dismissal requires the consent of both Houses of Parliament.〔(【引用サイトリンク】title=Judges and parliament )〕 In 1992, when Deputy Bailiff Vernon Tomes was dismissed by the Home Secretary (who at the time was responsible for Crown Dependencies) because he was slow to present written judgments.
Commissioners of the Royal Court are part-time judges, by the Bailiff, from either Commonwealth judges or senior experienced lawyers from the United Kingdom and Islands, either for defined periods of time or for specific cases.〔
Jurats are unpaid lay people, aged 40 or more, elected through secret ballot by an electoral college of the Bailiff, the existing Jurats, the Connétables, the elected Members of the States, and advocates and solicitors of the Royal Court.〔 Jurats hold office until the age of 72. The Court can call for the resignation of any Jurat who "is permanently unable to carry out the duties of the office", and if the Jurat refuses to resign, the Bailiff and five or more Jurats of the Royal Court can request an ''Order of Her Majesty in Council'' to enforce resignation.〔
The Bailiff also appoints, on the advice of a panel,〔 a full-time salaried Magistrate and Assistant Magistrate and part-time locum Relief Magistrates. The Magistrates can only be dismissed by an ''Order of Her Majesty in Council''.〔 In June 2008, a Magistrate-Designate, Ian Christmas, did not take up his post because he was being investigated for alleged fraud, which resulted in a conviction and a fifteen month prison term. Subsequently the Bailiff's Office asked the Ministry of Justice to arrange a disciplinary investigation because Ian Christmas could not be removed from office by the Bailiff.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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