customary law Flashcards
significant case - Connétable of St Helier v Gray and Attorney General
The key case involving the police mentioned in the provided study guide is “Connétable of St Helier v Gray and Attorney General”. This case addressed the appointment of a centenier as chef de police, focusing on whether the Connétable had the discretion to appoint a chef de police or if the position should automatically go to the senior centenier based on length of service.
Summary of the Case:
Issue: The Connétable of St Helier wanted to appoint a centenier as chef de police who was not the most senior in terms of service. The senior centenier claimed that, by long-standing custom, he should be appointed based on his length of service.
Arguments:
The first respondent (the senior centenier) argued that by custom, the centenier with the longest service was entitled to the position of chef de police.
The second respondent (Attorney General) contended that the custom had changed since the 1950s, allowing the Connétable discretion in choosing the chef de police based on merit rather than seniority.
Court’s Decision:
The court held that historically, the senior centenier had deputized for the Connétable in the event of illness, absence, or death. However, the role of chef de police had increased in importance over time.
The court found that the change in practice represented a change in custom, allowing the Connétable to appoint a chef de police based on merit rather than solely on length of service.
Significance: This case illustrates how customary law can evolve and adapt to changing circumstances and highlights the flexibility within Jersey’s legal system to adapt traditional roles to modern requirements.
This case is an example of how Jersey’s legal system balances historical customs with contemporary needs, ensuring that roles such as the chef de police are filled by individuals deemed most suitable for the responsibilities involved.
