‘OUT-OF-STEP’ laws which prevent Royal Court Jurats from retiring before they reach the age of 72 will be scrapped in an attempt to encourage more people to apply for the voluntary role, if States Members agree.
Chief Minister John Le Fondré has lodged a proposition to amend the law so that Jurats can instead leave the role at any age, provided they give six months’ notice and have served at least six years.
The move is part of an effort to attract more people and a broader demographic to take up the voluntary position. The duties of the 12 Jurats of the Royal Court include determining sentences in criminal cases and damages in civil hearings.
Under the current law, a Jurat cannot retire until they reach the age of 72, irrespective of what age they are appointed, unless they become ‘physically or mentally incapable’ of doing their duties.
The report accompanying Senator Le Fondre’s proposals says that this rule is likely to discourage people from serving.
In his proposition, the Chief Minister said: ‘Clearly, this arrangement is out of step with the modern conception of employment or voluntary service.
‘There is some concern that the permanent commitment to unpaid and demanding duties may affect the number and demographics of the candidates who put themselves forward for the role.’
It adds that the law changes would ‘allow a structured way to depart the office on agreed terms’.
Senator Le Fondré continued: ‘Under the new rules, Jurats will still cease to hold office when they reach 72. However, they will not be compelled to serve until that age.
‘Instead, a Jurat will be able to notify the Bailiff that they wish to retire, giving at least six months’ notice, as long as their total period of service would be at least six years.
‘In order to ensure that the essential services of the courts are not disrupted, no more than two Jurats will be permitted to retire or otherwise leave office each year.
‘If more Jurats wish to retire than can be permitted because of other retirements or deaths, then priority for retirement will be given to those who have served for the longest time.’
The proposition is due to be debated on 8 February.
