MAKING changes to the Royal Court building – described as “inherently unsuited” to modern criminal trials in a recent review – would be a “waste of time” and a new court should be built, according to a leading lawyer.
Published earlier this week, a 53-page independent review into Jersey’s criminal justice system by UK-based barrister and part-time judge Eleanor Laws KC, suggested 19 recommendations to improve outcomes for victim-survivors of domestic abuse, rape, and other sexual assault cases.
One recommendation asked the Government of Jersey to “work with the Bailiff to increase Royal Court capacity”.
The review stated that while “commendable efforts” have been made to update the court infrastructure—including physical screens and video link facilities—the building remains unfit for purpose.
The barrister even described witnessing a complainant in a domestic abuse case giving evidence “from behind a fabric curtain just a few feet from the defendant.” The report, however, did state that the construction or development of new courtrooms would “involve considerable capital investment”.
“In the interim and in any event, the Royal Court itself should be adapted so that there is a secure dock permanently installed and more comfortable seating provided for the jury,” it continued.
Home Affairs Minister Mary Le Hegarat admitted that that something needed to be done “in relation to the capacity of the courts”, but added: “I think it has to be acknowledged by all of us that the court building is historic, and to make any changes to it is going to be difficult.”
However, Advocate Olaf Blakeley said that making changes to the existing court building would be a “waste of time”.
“The Laws Review says we need a secure dock, is asking to install glass partitioners in the Royal Court—honestly, forget about it, and get on building the new court,” he said.
He added that the most natural solution is to build an “extra floor” on top of the Magistrates Court, and said more should have been done when the Royal Court was closed for five years in the early 2000s and refurbished.
“They just didn’t think about doing it properly,” he said. “They had the perfect opportunity when they closed down that court to get it right.”
Responding to the review, Advocate Blakeley said: “I think the system does need an overhaul. You can’t keep the same resources and expect to manage an ever-increasing population, so changes do have to be made.
“Talking about lack of capacity and trying to improve capacity – there is no doubt that has to happen—it is under strain.
“Every time I go to the court to fix a hearing date—civil or criminal—we’re struggling to find dates where there are judges available and a courtroom available.”
Meanwhile, Deputy Catherine Curtis, chair of the Children, Education and Home Affairs Scrutiny Panel, suggested that increasing Royal Court capacity could be done by utilising alternative buildings, noting that there “may have to be a consideration longer term for the use of a more suitable court building.”
Sarah Hamon, services manager at charity Jersey Domestic and Sexual Abuse Support, said: “We have been involved with the VAWG Taskforce since its inception and were fully engaged throughout the Laws Review process.
We are grateful that the voices and experiences of victim-survivors have been listened to and reflected in the recommendations.
“We accept and support all of the recommendations in full. Collaborative multi-agency work is already underway to develop and implement these improvements, and we remain committed to ensuring that momentum is sustained.
“It is essential that all victim-survivors—regardless of gender—have confidence in a criminal justice system that is fair, respectful, and effective, and one that does not compound the trauma they have already experienced.”
