The Jersey Law Commission

simplifying and modernising our island’s laws

Current reform projects

Improving administrative redress

Topic commissioner: Andrew Le Sueur

Consultation on our initial proposals for improving administrative redress in Jersey was open for 3 months, ending on 29 July 2016. We are now analysing the responses and preparing a final report for the Chief Minister, which will be published later in 2016. Visit our administrative redress page to download the consultation report (click here).

Administrative justice attempts to guarantee that government decisions are made fairly and in accordance with law; and when they are not, that effective redress for grievances is provided. We are investigating how grievances against public bodies are resolved. People’s grievances generally fall into three categories: challenges to the legality of decisions; challenges to the merits of decisions; complaints about non-decisional failings such as delay, rudeness and insensitivity – broadly known as ‘maladministration’.

 

Grounds of criminal appeal

Topic commissioner: Claire de Than

fingerprintWe are currently working on a project about criminal appeals against conviction in Jersey. The key issues are whether and how the grounds for appealing should be reformed. The project is likely to have three phases. In the current phase 1, we are seeking to discover what people consider to be the problems with the current law by asking a series of ‘scoping’ questions. A scoping consultation paper can be downloaded here. We request responses by 16 December 2016 (extended deadline). In phase 2 (consultation), we expect to publish a further consultation report, containing provisional findings and recommendations. In phase 3 (Topic Report) we will set out our final recommendations to the Chief Minister.

Prescription and limitation

Topic commissioner: Alan Binnington

We published a consultation paper on prescription and limitation in March 2008 (click here to read it [2008 Prescription and Limitation]); we continue our work on this topic.

“Jersey law contains a multitude of prescription periods for different causes of action which must at the very least be confusing for the layman and in particular cases may result in injustice. Even the terminology is unclear: the words “prescription” and “limitation” are used interchangeably by Jersey lawyers, possibly reflecting the mixed origins of our legal system, the former word tending to be used in civil law jurisdictions, the latter in those subject to the common law. Some of the time periods, for example the forty year period for acquisition of title to land, reflect an age where communication was difficult and may no longer be appropriate in an age where communication is virtually instantaneous wherever one is in the world.” (‘Miscellany’, Jersey & Guernsey Law Review, October 2008)

Give us your views

We encourage you to become involved in the process of law reform in Jersey by contacting us with suggestions or comments on the Commission’s current work or suggestions for future reform projects. Our postal and email addresses are here. Alternatively, use the online form below to contact us.

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