FOR most islanders, the work of the courts is something that goes on in the background, unnoticed and unremarkable, unless a headline brings its role into focus.

Similarly with the Guernsey Court of Appeal, a largely invisible body except, perhaps, for when it earlier this year seemingly ‘went soft’ on paedophile cases.

Yet its introduction in 1961 – some 20 years after first being mooted as essential – was probably the most significant advance in enshrining the quality, impartiality and fairness of Guernsey justice.

What its establishment did was to place an appeal function between the Royal Court and the Judicial Committee of the Privy Council.

In other words, it was an on-island forum to scrutinise court decisions and one that had UK judges on it able to bring a fresh eye to cases and to bring their own experience of the evolution of judicial process to bear. It made sure local courts were fair and not operating in some insular backwater.

Its significance cannot be overstated. Yet out of left field, the Policy Council is recommending making major changes to it – but with a minimum of explanation. A letter written by HM Procureur wants to bring the Guernsey Court of Appeal more closely into line with Jersey’s equivalent.

That might be sensible – if Jersey’s court was a suitable model to copy. And there is no evidence that it is. In addition, the recommendation to make the Deputy Bailiff one of the Guernsey Court of Appeal panel of judges is baffling.

Far from making changes that could appear to reduce the appeal court’s independence, the Policy Council should be recommending that the Bailiff be removed as ex officio president of the court to strengthen the independence of the Court of Appeal from the Royal Court.

Given the significance of the changes and the time that has elapsed, islanders would expect the latest proposals to have been subject to wide consultation but – from the Billet d’Etat – the Bar Council hasn’t even been asked for its views.

That seems hard to believe. Perhaps its reaction was so hostile that its views have been ignored.

Either way, the Policy Council looks guilty of publishing an incomplete report on a matter of intense public concern.