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Jersey Unreported Judgments |
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You are here: BAILII >> Databases >> Jersey Unreported Judgments >> the election of a Centenier in the Parish of St. J [2005] JRC 020B (25 February 2005) URL: http://www.bailii.org/je/cases/UR/2005/2005_020B.html Cite as: [2005] JRC 20B, [2005] JRC 020B |
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[2005]JRC020B
ROYAL COURT
(Samedi Division)
25th February 2005
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Before: |
M.C. St. J. Birt, Deputy Bailiff, and Jurats de Veulle, and Tibbo. |
IN THE MATTER OF
the Public Elections (Jersey) Law 2002
AND IN THE MATTER OF
the election of a Centenier in the Parish of St. John.
Fine for contempt following failure of the Parish to elect a Centenier on three occasions.
Mrs S. Sharpe, Crown Advocate.
M. Le Connétable de la Paroisse de St. Jean in person.
judgment
THE DEPUTY BAILIFF:
1. On the last occasion, the Parish was warned that it would be in contempt if it did not elect a Centenier. The Parish has still not done so and in the circumstances we see no alternative but to impose a fine. We would like to explain why.
2. The Honorary Police system is at the heart of our criminal justice system. Only Centeniers may charge an offender. If, therefore, Parishes fail to elect a Centenier it puts the very rôle of the Honorary Police at risk. That would be a tragedy for Jersey's unique way of administering the criminal justice system; the Parish Hall system is something which is admired by all those who come to see how we do things in Jersey. It is the responsibility of all parishioners to ensure that they elect a Centenier. It is their responsibility to ensure that someone comes forward. The failure to find a person who is both wiling to act as a Centenier and is of suitable character and ability is a failure of the Parish as a whole and accordingly the fine has to be levied on the Parish as a whole in order to ensure that this message goes home.
3. We do this with no pleasure, because we understand the efforts you have made but the efforts will have to be redoubled. In the circumstances we impose a fine of £5,000. We adjourn, in order to help the matter, for a further four weeks as we indicated earlier because, if we were to order a new election immediately, we are conscious that the time to find a candidate is limited. But by adjourning it we are giving, in effect, something in the region of six weeks in which the Connétable and his colleagues must redouble their efforts to find someone in the Parish who is willing to give their time to this very important rôle. If, at the end of that longer period, there is a further failure the Court will have to give consideration, at that stage, to some form of daily or weekly fine which continues until a Centenier is found. So, Monsieur Le Connétable, we do this with regret but that is the decision of the Court.
