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Honorary Police and the Parish Hall Enquiry System in the Channel Island of Jersey

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Honorary Police and the Parish Hall Enquiry System in the Channel Island of Jersey _________________________________________________________________________Swansea University E-Theses Constructing justice in an island community: honorary police and the parish hall enquiry system in the Channel Island of Jersey. Miles, Helen M How to cite: _________________________________________________________________________ Miles, Helen M (2007) Constructing justice in an island community: honorary police and the parish hall enquiry system in the Channel Island of Jersey.. thesis, Swansea University. http://cronfa.swan.ac.uk/Record/cronfa42251 Use policy: _________________________________________________________________________ This item is brought to you by Swansea University. Any person downloading material is agreeing to abide by the terms of the repository licence: copies of full text items may be used or reproduced in any format or medium, without prior permission for personal research or study, educational or non-commercial purposes only. The copyright for any work remains with the original author unless otherwise specified. The full-text must not be sold in any format or medium without the formal permission of the copyright holder. Permission for multiple reproductions should be obtained from the original author. Authors are personally responsible for adhering to copyright and publisher restrictions when uploading content to the repository. Please link to the metadata record in the Swansea University repository, Cronfa (link given in the citation reference above.) http://www.swansea.ac.uk/library/researchsupport/ris-support/ Constructing Justice in an Island Community: Honorary Police and the Parish Hall Enquiry System in the Channel Island of Jersey Helen M. Miles Submitted to the University of Wales in fulfilment of the requirements for the Degree of Doctor of Philosophy Swansea University November 2007 ProQuest Number: 10797959 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 10797959 Published by ProQuest LLC(2018). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 LIBRARY ) SUMMARY This thesis describes and evaluates an alternative to formal Court processing that is in regular everyday use in the Island of Jersey. The Parish Hall Enquiry system is of great antiquity and like the Honorary Police system upon which it depends, its origins lie in very long-established forms of communal organisation. Presided over by a Centenier (an elected, unpaid, parish official) in the local parish hall, the current system has evolved through 800 years of customary practice. The system operates within an open model that means almost anything and everything is possible when it comes to dealing with dispute resolution. Enquiries have no basis in statute law and sanctions levied at Parish Hall are not considered to be criminal convictions. As part of a prosecution process, the Centenier is empowered to enquire into the circumstances surrounding any offence committed within the boundaries of the parish, consider the facts presented, and either charge an offender to appear before an examining magistrate or propose an alternative sanction at parish level. The research suggests that Centeniers are able both to engage parties in serious and realistic discussion about offending and possible remedies and to encourage most offenders to take responsibility for their actions. Observation of the process provides evidence of considerable communication skills, and of reintegrative outcomes. Although sometimes criticised as an anachronism, the Parish Hall Enquiry has retained a high degree of resilience and support and a significant level of use as Jersey society has changed. It offers a very rare example of a traditional form of non-Court-based justice operating routinely in a modern context, and avoiding some of the problems associated with the formal criminal justice process. DECLARATION AND STATEMENTS DECLARATION This work has not previously been accepted in substance for any degree and is not being concurrently submitted in candidature for any degree. Signed Helen Miles Date STATEMENT 1 This thesis is the result of my own investigations, except where otherwise stated. Other sources are acknowledged by footnotes giving explicit references. A bibliography is appended. Signed Helen Miles Date STATEMENT 2 I hereby give consent for my thesis, if accepted, to be available for photocopying and for inter-library loan, and for the title and summary to be made available to outside organisations. Signed Helen Miles Date TABLE OF CONTENTS Summary ii Preface xiv Acknowledgements xv Introduction 1 Chapter 1 The Origins and Context of the Honorary Systems of Jersey 6 Introduction 6 The Role of the Fief 8 The Rise of the Parish 9 The Honorary Police 12 Officers of the Parish 15 The Effect of Social Change upon the Honorary System 24 The Operation of the Hybrid Model of PolicingIn Jersey 36 Conclusion 55 Chapter 2 Research Strategy, Methods and Methodologies 56 Research Strategy 56 Data Gathering and Analysis 61 Observational Method and Methodologies 66 Evaluation of Victim Offender Mediation 81 Conclusion 82 Chapter 3 The Parish Hall Enquiry 83 Introduction 83 Current Parish Hall Enquiry Practice 85 The Role of a Centenier 91 The Role of Local Knowledge in Understanding the 95 Context of Offending Discretion in Decision Making 100 Accountability 103 Independence 104 The Decision to Prosecute 106 Publicity 107 Legal Advice and Legal Aid 109 Other Key Players in the Parish Hall System 110 Chapter 4 Process and Compliance with Procedural Guidelines and Statistics 119 Relating to the Operation of the Parish Hall Enquiry System Introduction 119 Biographical and Offence Data 120 Compliance with Guidelines and Codes of Practice 123 Parish Hall Enquiry Statistics 129 Conclusion 140 Chapter 5 Components of Effective Practice in Community-Based Justice 142 Introduction 142 Core Correctional Practice 143 Effective Use Of Authority 144 Pro-Social Modelling 145 Problem solving 153 Effective Use Of Community Resources 155 Interpersonal skills 155 Conclusion 157 v Chapter 6 Community-Based Systems of Justice 159 Introduction 159 T raditional Justice 159 Indigenous Justice 160 Community Involvement 161 Informal Systems 168 ‘Modern’ Community Justice 175 Incorporation of Traditional and Informal with Formal and 179 Modern Systems Conclusion 180 Chapter 7 Restorative Justice in Jersey: Repair, Reconciliation and Reassurance 181 Introduction 181 Informal Justice 182 Restitution and Restoration 183 The Jersey Experience - everyday expressions of 187 restorative justice ‘Formal’ Restorative Justice Service to Victims in Jersey 204 Evaluation of Victim Offender Mediation in Jersey 212 Conclusion 234 Chapter 8 Reintegrative Shaming in Action 237 Introduction 237 The Theory of Reintegrative Shaming 237 Procedural Justice 242 RISE Experiments 244 Reintegration Ceremonies 247 Conclusion 284 vi Chapter 9 Into the Abyss? An Uncertain Future for Community Justice in Jersey 285 Introduction 285 Community Values and Justice- BegottenNot Created 287 Notions of Crime and Punishment 288 Effectiveness in Context 291 The Potential Impact of Social Change 294 The Future of Policing in Jersey 295 The Future of the Parish Hall System 297 Conclusion 301 Appendices 304 Bibliography 359 vii LIST OF MAPS, DIAGRAMS, TABLES AND CHARTS Map 1 Location of Jersey Map 2 Location of parishes Diagram 1 Community Justice Model (Karp and Clear 2002) Diagram 2 Multiple Relationships of Interdependency in Jersey Table 1.1 Total Spend and Percentage of Total Rate Allocated to the Honorary Police by Parish ( 2000-2001) Table 1.2 Features of the divergent Jersey model of policing Table 2.1 List of interviewees Table 2.2 Number of Centeniers Interviewed Table 3.1 Biographical data relating to Centeniers Table 3.2 Occupation of self-employed Centeniers Table 3.3 Previous occupation of retired Centeniers Table 3.4 Occupation of Centeniers employed by an employer Table 4.1 Gender of attendees ( observation sample) Table 4.2 Youths ( aged 17 and below) or Adult Table 4.3 First Offenders Table 4.4 Previous attendance at Parish Hall Enquiry Table 4.5 Deferred Decision Enquiries Table 4.6 List of offences Table 4.7 Parish in which the Enquiry heard Table 4.8 Other honorary officer present during enquiry Table 4.9 Is Parish Hall Enquiry leaflet available in the waiting room Table 4.10 Decision to prosecute in the waiting room Table 4.11 Centenier explained duties and practice at Enquiry Table 4.12 Centenier read out Police Report Table 4.13 Attendee asked for comments Table 4.14 Voluntary attendance Table 4.15 If charged, did the Centenier caution in accordance with Judges Rules Table 4.16 If charged, did the Centenier explain notice of charge Table 4.17 If charged, did the Centenier offer information about the Legal Aid scheme Table 4.18 If charged, did the Centenier advise against legal advice Table 4.19 Distribution of enquiries attended by the Probation Service Table 4.20 Offences for Enquiries attended by the Probation Service Table 4.21 First offenders appearing at Parish Hall Enquiry Table 4.22
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