Bailiff: "The courts take violence against women and girls very seriously indeed"

Monday 13 November 2023

The Bailiff has moved to reassure islanders that the courts "take violence against women and girls very seriously indeed" after a report found that "gaps" in Jersey's legislation were "undermining" their ability to protect victim-survivors.

Sir Timothy Le Cocq nonetheless added that "further improvements" to Jersey’s criminal justice system in relation to domestic abuse, rape, and sexual assault offences "may be necessary".

The Violence Against Women and Girls Taskforce report – published last week – found that "gaps" in Jersey's legislation were "undermining the ability of the criminal justice system to protect victim-survivors or effectively manage perpetrators".

Among its 77 recommendations, the taskforce called for an independent review of the Jersey criminal justice system in relation to domestic abuse, rape, and serious sexual assault – and a similar review of the family court system.

The police have already accepted the recommendations relevant to policing – while the Home Affairs Minister has moved to reassure islanders that she will "carefully consider" the recommendations.

The Bailiff has now published a statement which seems to throw support behind openness and a review.

He said he will "study those parts of the final report" that concern the courts and the law with "particular and close interest".

Pictured: Bailiff of Jersey, Sir Timothy Le Cocq.

Sir Timothy Le Cocq continued: "It is important that all public services, including the courts, are open to scrutiny and review.

"Best practice changes and evolves, and laws and procedure should be reviewed periodically to ensure that they meet the needs of a modern society.

"Such reviews led to the enactment of the Sexual Offences (Jersey) Law 2018 and the Criminal Procedure (Jersey) Law 2018, both of which have been fully implemented.

"Further improvements may be necessary."

However, he defended the courts and their current processes, adding: "I do feel it is important to say that the courts take violence against women and girls very seriously indeed and approach those cases with the utmost care and regard for the welfare of the complainants and witnesses.

"The current practice of all the courts, the Royal Court, Magistrate's Court and Family Court, is to ensure that all are treated with dignity and respect and are supported and routinely protected by the appropriate special measures to ensure that they are comfortable when giving evidence.

"No one should be discouraged from making a complaint and going to court in the belief that they will not be treated with care and kindness by the court and those looking after witnesses. They will be."