simplifying and modernising our island’s laws
Topic commissioner: Andrew Le Sueur
In October 2017, our report Improving Administrative Redress in Jersey recommended that further research be carried out with a view to establishing a public services ombudsman in Jersey responsible for resolving grievances about administrative decisions (in place of the current States of Jersey Complaints Panel). On 22 March 2018, the States Assembly voted in favour of a Proposition that “that the recommendations from the Clothier Report on the Machinery of Government in Jersey and the Jersey Law Commission that ‘An Ombudsman should be appointed to hear and determine complaints of maladministration’ should be progressed as a matter of priority”, subject to findings of research. The Jersey Law Commission is now carrying out that research in conjunction with the University of Essex and funding from the Economic and Social Research Council. A report is due to be published in October 2018.
Topic commissioner: Claire de Than
We 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 requested 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.
Topic commissioner: Jonathan Walker
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)
Topic Commissioner: Advocate Barbara Corbett
Starting in December 2016, we are working on a project on assisted reproduction and surrogacy in Jersey. The project is likely to have three phases. In phase 1 (this scoping consultation), we are seeking to discover what people consider to be the problems with the current law by asking a series of ‘scoping’ questions. 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 and States Assembly.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.