Sark shadow falls over Bailiff’s role

THE Bailiff’s dual role as both the chief judge and the president of the States could come under the spotlight again after the Court of Appeal ruled that a similar system in Sark breached human rights laws.
In a case brought by the Barclay brothers, three Appeal Court judges declared that the two roles played by the Island’s Seneschal — the unelected president for life of the island’s legislative body and the chief judge — breached the European Convention of Human Rights.
In his ruling Lord Justice Pill ruled on the position of the Seneschal who, when sitting alone, ‘constitutes the sole court of justice in Sark’. This, taken together with his role in the legislature, ‘falls on the wrong side of the line of what is convention-compliant’, said the judge.
Although the Bailiff’s role in Jersey is broadly different from that of the Seneschal, Reg Guille, the ruling is likely to reignite concerns about having a combined head of parliament and chief judge. (from thisisjersey)