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Constructing justice in an island community: honorary police and the parish hall enquiry system in the Channel Island of Jersey. / Helen M Miles

Swansea University Author: Helen M Miles

Abstract

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 com...

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Published: 2007
Institution: Swansea University
Degree level: Doctoral
Degree name: Ph.D
URI: https://cronfa.swan.ac.uk/Record/cronfa42251
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spelling 2018-08-02T16:24:28.5733830 v2 42251 2018-08-02 Constructing justice in an island community: honorary police and the parish hall enquiry system in the Channel Island of Jersey. 523139085d49cf9ba87f488e652f0976 NULL Helen M Miles Helen M Miles true true 2018-08-02 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. E-Thesis Criminology.;Law enforcement.;Social structure. 31 12 2007 2007-12-31 COLLEGE NANME Law COLLEGE CODE Swansea University Doctoral Ph.D 2018-08-02T16:24:28.5733830 2018-08-02T16:24:28.5733830 Faculty of Humanities and Social Sciences Hilary Rodham Clinton School of Law Helen M Miles NULL 1 0042251-02082018162439.pdf 10797959.pdf 2018-08-02T16:24:39.8530000 Output 9013903 application/pdf E-Thesis true 2018-08-02T16:24:39.8530000 false
title Constructing justice in an island community: honorary police and the parish hall enquiry system in the Channel Island of Jersey.
spellingShingle Constructing justice in an island community: honorary police and the parish hall enquiry system in the Channel Island of Jersey.
Helen M Miles
title_short Constructing justice in an island community: honorary police and the parish hall enquiry system in the Channel Island of Jersey.
title_full Constructing justice in an island community: honorary police and the parish hall enquiry system in the Channel Island of Jersey.
title_fullStr Constructing justice in an island community: honorary police and the parish hall enquiry system in the Channel Island of Jersey.
title_full_unstemmed Constructing justice in an island community: honorary police and the parish hall enquiry system in the Channel Island of Jersey.
title_sort Constructing justice in an island community: honorary police and the parish hall enquiry system in the Channel Island of Jersey.
author_id_str_mv 523139085d49cf9ba87f488e652f0976
author_id_fullname_str_mv 523139085d49cf9ba87f488e652f0976_***_Helen M Miles
author Helen M Miles
author2 Helen M Miles
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publishDate 2007
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hierarchy_top_title Faculty of Humanities and Social Sciences
hierarchy_parent_id facultyofhumanitiesandsocialsciences
hierarchy_parent_title Faculty of Humanities and Social Sciences
department_str Hilary Rodham Clinton School of Law{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}Hilary Rodham Clinton School of Law
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description 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.
published_date 2007-12-31T03:52:36Z
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