The Bailiff, Sir William Bailhache, recently criticised the way in which “fake news” is disseminated on social media without people checking facts. He said:
“[On social media] uninformed opinions, which may or may not be based in true fact, are given free rein and are insidiously damaging. They can almost certainly affect the respect which the organs of the state including the judiciary need to have if the system of government is not to break down.
Now there has been some criticism about his speech, but having observed some of the exchanges on Facebook politics group, I think he has a point.
A case in point illustrates this. One poster, had the strange idea, which he put forward, that because the Parish has ownership of Parish roads, and the States of Jersey ownership of the larger public roads, that the honorary police would have no jurisdiction over public roads.
He’s commenting about some else's suggestion that all the Parish roads should be taken over by the States of Jersey:
“You do understand that if this happened, legally, the St Brelade honorary police could no longer stop or prosecute any road traffic offences. People could speed, park where they like and drunk drive and could only then be punished by the States police if caught by them.”
As my correspondent Adam Gardiner points out:
“This is complete and utter nonsense. Ownership of a public road has not one ounce of bearing on the powers of an honorary officer. They can prosecute any road traffic offence on any public road within their jurisdiction.”
And Adam goes on to note:
“Regardless of whose may be the owner or has responsibility for a public road does not in any way diminish, change or alter the powers of an honorary police officer - which are exactly same as any States officer save that an honorary officer has a specific jurisdiction. Similarly it makes not one jot of difference to the Parish Hall enquiry system or to any fine a Centenier may impose under the Motor Traffic (Jersey) Law 1956 or any other statute law for that matter where a fine is a penalty option. The fining levels available to a Centenier are those agreed with the Attorney-General, the Courts and Judiciary or as described under any particular article of the law.”
There is a lot of misinformation, so here’s a bit more correct information from Adam Gardiner:
“Another thing to get straight. States and Honorary Officers only investigate, collect evidence and report offences. They neither prosecute nor fine nor can they. For the record. The Parish REPRESENTS THE CROWN thus ALL PROSECUTIONS are IN THE NAME OF THE PARISH in which the offence was committed. The ‘right of charge’ is exclusively that of the Centenier acting on behalf of that Parish as ‘agents’ of HM Attorney General by virtue of being sworn in at the Royal Court to represent the Crown in a prosecution. “
“The Centenier may thus decide, or as the law deems, to take that prosecution to court and is de facto the prosecuting counsel and presents all cases in the Magistrates Court. Should the lower court then determine that the matter is to be passed up to the Royal Court the prosecution is taken over by the Crown Officers and Attorney-General.”
“Regarding fines and Parish income. Any fine imposed by a Centenier at Parish Hall Enquiry, again regardless of who may own or administer a public road on which the offence has taken place, may be subject to a proportional retention by the Parish depending on the offence. If however a matter is referred to the court, the Parish does not enjoy the same consideration.”
“Parking offences in car parks have a number of foibles related to who administers that car park but they are essentially a civil matter as they are policed by Regulation and thus not a criminal matter. However parking infractions on a public road are a criminal matter and thus are reported to the Centenier who will take such action as appropriate which may be dealt with by way of a fine to an approved tariff.”
“[On social media] uninformed opinions, which may or may not be based in true fact, are given free rein and are insidiously damaging. They can almost certainly affect the respect which the organs of the state including the judiciary need to have if the system of government is not to break down.
Now there has been some criticism about his speech, but having observed some of the exchanges on Facebook politics group, I think he has a point.
A case in point illustrates this. One poster, had the strange idea, which he put forward, that because the Parish has ownership of Parish roads, and the States of Jersey ownership of the larger public roads, that the honorary police would have no jurisdiction over public roads.
He’s commenting about some else's suggestion that all the Parish roads should be taken over by the States of Jersey:
“You do understand that if this happened, legally, the St Brelade honorary police could no longer stop or prosecute any road traffic offences. People could speed, park where they like and drunk drive and could only then be punished by the States police if caught by them.”
As my correspondent Adam Gardiner points out:
“This is complete and utter nonsense. Ownership of a public road has not one ounce of bearing on the powers of an honorary officer. They can prosecute any road traffic offence on any public road within their jurisdiction.”
And Adam goes on to note:
“Regardless of whose may be the owner or has responsibility for a public road does not in any way diminish, change or alter the powers of an honorary police officer - which are exactly same as any States officer save that an honorary officer has a specific jurisdiction. Similarly it makes not one jot of difference to the Parish Hall enquiry system or to any fine a Centenier may impose under the Motor Traffic (Jersey) Law 1956 or any other statute law for that matter where a fine is a penalty option. The fining levels available to a Centenier are those agreed with the Attorney-General, the Courts and Judiciary or as described under any particular article of the law.”
There is a lot of misinformation, so here’s a bit more correct information from Adam Gardiner:
“Another thing to get straight. States and Honorary Officers only investigate, collect evidence and report offences. They neither prosecute nor fine nor can they. For the record. The Parish REPRESENTS THE CROWN thus ALL PROSECUTIONS are IN THE NAME OF THE PARISH in which the offence was committed. The ‘right of charge’ is exclusively that of the Centenier acting on behalf of that Parish as ‘agents’ of HM Attorney General by virtue of being sworn in at the Royal Court to represent the Crown in a prosecution. “
“The Centenier may thus decide, or as the law deems, to take that prosecution to court and is de facto the prosecuting counsel and presents all cases in the Magistrates Court. Should the lower court then determine that the matter is to be passed up to the Royal Court the prosecution is taken over by the Crown Officers and Attorney-General.”
“Regarding fines and Parish income. Any fine imposed by a Centenier at Parish Hall Enquiry, again regardless of who may own or administer a public road on which the offence has taken place, may be subject to a proportional retention by the Parish depending on the offence. If however a matter is referred to the court, the Parish does not enjoy the same consideration.”
“Parking offences in car parks have a number of foibles related to who administers that car park but they are essentially a civil matter as they are policed by Regulation and thus not a criminal matter. However parking infractions on a public road are a criminal matter and thus are reported to the Centenier who will take such action as appropriate which may be dealt with by way of a fine to an approved tariff.”
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