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The lowest courts in theIsle of Man are the summary courts, Coroner of Inquests, Licensing Court, Land Court, etc. These courts are presided over bymagistrates. There are two stipendiary magistrates, theHigh Bailiff and the Deputy High Bailiff, along with layjustices of the peace.
The superior court of the Isle of Man is theHigh Court of Justice of the Isle of Man, consisting of a Civil Division and an appeal division, called theStaff of Government Division. The judges of the High Court are thedeemsters, appointed by the King (acting on the advice of theSecretary of State for Justice in the United Kingdom), and thejudicial officers, appointed by theLieutenant Governor. TheHigh Bailiff and the Deputy High Bailiff areex officio judicial officers, and additional judicial officers (full-time or part-time) may be appointed.[1]
Civil matters are usually heard at first instance by a single deemster sitting in the High Court.
Criminal proceedings are heard at first instance before either the High Bailiff or the Deputy High Bailiff or a bench of laymagistrates, in less serious cases. More serious criminal cases are heard before adeemster sitting in theCourt of General Gaol Delivery; in a defended case[specify] the Deemster sits with a jury of seven (twelve in cases of treason or murder).[2]
Civil and criminal appeals are dealt with by theStaff of Government Division. Appeals are usually heard by a deemster (the one not involved with the case previously in the High Court or Court of General Gaol Delivery) and theJudge of Appeal.
Final appeal is to theJudicial Committee of the Privy Council in theUnited Kingdom. This dates back to an ancient right of theManx to appeal to the Crown of England against the decisions of theLord of Mann, who in previous times was the supreme insular legal authority, and was explicitly confirmed by the Privy Council in their decision ofChristian v. Corren in 1716, several years beforerevestment.
One special case, that also applies to theChannel Islands, is the jurisdiction of theKing's Bench Division of theEnglish High Court over the island in matters ofhabeas corpus. This dates back to the ancient right of the King to at any time have an account as to why the liberty of any of his subjects was restrained, and operated in the Isle of Man pre-revestment, as it did across all the King's dominions despite the other competencies of the Kings's Bench being restricted to England.[3]