Arrangement

part 1  5

part 2  21

PART 3  32

part 4  43

SCHEDULE   44

A LAW to amend further the Terrorism (Jersey) Law 2002, the Proceeds of Crime (Jersey) Law 1999 and the Misuse of Drugs (Jersey) Law 1978; to repeal the Drug Trafficking Offences (Jersey) Law 1988 and make consequential provision; and for connected purposes.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

“interpretation”.

“1      General interpretation

(1)     In this Law –

‘act of terrorism’ means an act or threat of a kind described in Article 2;

‘association’ includes an unincorporated body;

‘customs officer’ means the Agent of the Impôts and any other officer of the Impôts appointed pursuant to Article 4 of the Customs and Excise (Jersey) Law 1999[2];

‘designated customs officer’ means an officer of the Impôts who is designated under Article 26(2) or, if no such officer is designated for the time being, the Agent of the Impôts;

‘designated police officer’ means an officer of the Force who is designated under Article 26(1) or, if no such officer is designated for the time being, the Chief Officer of the Force;

‘explosive’ means –

(a)     an article or substance manufactured for the purpose of producing a practical effect by explosion, or intended for that purpose by a person possessing the article or substance;

(b)     materials for making an article or substance within paragraph (a);

(c)     anything used or intended to be used for causing or assisting in causing an explosion;

(d)     a part of anything within sub-paragraph (a) or (c);

‘financial institution’ means a person carrying on any business described in Schedule 2 to the Proceeds of Crime (Jersey) Law 1999[3];

‘financial services’ has the meaning given by the Terrorist Asset-Freezing (Jersey) Law 2011[4];

‘firearm’ includes a gun or an air pistol;

‘Force’ means the States of Jersey Police Force;

‘Immigration Act 1971’ means the Immigration Act 1971 of the United Kingdom Parliament as it is extended to Jersey by Order in Council;

‘immigration officer’ means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

‘Islands’ means the Bailiwick of Guernsey and the Isle of Man;

‘legal representative’ means an advocate, solicitor, or any person who, not being an advocate or solicitor, is employed by a firm of advocates or solicitors and notified by that employer to the Chief Officer of the Force as a legal representative for the purposes of this Law;

‘Minister’ means the Minister for Home Affairs;

‘organization’ includes any association, group or combination of persons;

‘police officer’ means an officer of the Force or a member of the Honorary Police;

‘premises’ includes a place and in particular includes a vehicle, installation, tent or moveable structure;

‘property’ includes all property whether movable or immovable, vested or contingent, and situated in Jersey or elsewhere;

‘proscribed organization’ shall be construed in accordance with Article 6;

‘road’ has the meaning given by Article 1 of the Road Traffic (Jersey) Law 1956[5];

‘terrorism’ has the meaning given by Article 2;

‘terrorist entity’ has the meaning given by Article 4;

‘terrorist investigation’ means an investigation of any of the following –

(a)     the commission, preparation or instigation of an act of terrorism or of any offence under this Law;

(b)     action facilitating the commission, preparation or instigation of such an act or offence;

(c)     property which is or is alleged to be terrorist property; or

(d)     action which appears to have been taken for the purposes of terrorism;

‘terrorist property’ has the meaning given by Article 3;

‘vehicle’, except in Articles 44 to 48 and Schedule 8, includes an aircraft, hovercraft, or vessel.

(2)     A reference in this Law to an Act of the United Kingdom is a reference to that enactment as amended from time to time.

(3)     A reference in this Law to action taken for the purposes of terrorism includes a reference to action taken for the benefit or support (as defined by Article 15(3)(c)) of a terrorist entity.”.

“2      Meaning of ‘terrorism’

(1)     In this Law, ‘terrorism’ means –

(a)     an act which constitutes an offence under the laws of Jersey and is listed in Schedule 10 to this Law; or

(b)     an act falling within paragraph (2), where the act or threat of such an act is intended or may reasonably be regarded as intended –

(i)      to influence, coerce or compel the States of Jersey or the government of any other place or country, or an international organization, to do or refrain from doing any act, or

(ii)      to intimidate the public or a section of the public,

and the act is done or the threat is made for the purpose of advancing a political, racial, religious or ideological cause.

(2)     An act falls within this paragraph if it is an act other than one referred to in paragraph (1)(a) which –

(a)     is intended to cause the death of, or serious injury to, a person not taking an active part in hostilities in a situation of armed conflict;

(b)     creates a serious risk to the health or safety of the public or a section of the public;

(c)     involves serious damage to property;

(d)     seriously disrupts or seriously interferes with any electronic system or the provision of any service directly relating to communications infrastructure, banking and financial services, public utilities, transportation or other infrastructure;

(e)     seriously disrupts or seriously interferes with the provision of emergency police, fire and rescue or medical services; or

(f)      involves prejudice to national security or national defence.

(3)     An act or the threat of an act falling within paragraph (2) which involves the use of firearms or explosives is terrorism whether or not sub-paragraph (i) or (ii) of paragraph (1)(b) is satisfied.

(4)     For the purposes of this Article –

(a)     a reference to an act includes an act carried out in a place or country other than Jersey;

(b)     a reference to a person or to property is a reference to any person or to property wherever situated;

(c)     a reference to the public includes reference to the public in a place or country other than Jersey.

(5)     The Minister may by Order amend Schedule 10 to add or delete an offence for the purposes of this Article.”.

“3      Meaning of ‘terrorist property’

(1)     In this Law, ‘terrorist property’ –

(a)     means property which is intended to be used or likely to be used, in whole or in part, directly or indirectly, for the purposes of terrorism or for the support of a terrorist entity; and

(b)     includes, but is not limited to, the resources of a terrorist entity.

(2)     Reference in paragraph (1)(b) to resources includes reference to any property which is applied or made available, or is intended to be applied or made available, for use by a terrorist entity.”.

“4      Meaning of ‘terrorist entity’

(1)     In this Law, a ‘terrorist entity’ is an entity which –

(a)     commits, prepares or instigates an act of terrorism; or

(b)     facilitates the commission, preparation or instigation of an act of terrorism.

(2)     For the purposes of paragraph (1) it does not matter –

(a)     whether a specific act of terrorism is committed or not; nor

(b)     whether, if an act of terrorism is in fact committed, it is committed by an entity charged with an offence under this Law or any other enactment, or by a related entity.

(3)     In this Article –

(a)     ‘entity’ includes an organization (whether or not proscribed), and a legal or natural person;

(b)     one entity is related to another where –

(i)      one entity directs or controls another,

(ii)      one entity participates as an accomplice in the acts of another, or

(iii)     one entity contributes to the commission of acts by the other intentionally and with the knowledge of the intention of the other to commit such acts.”.

“(c)    it is proscribed by virtue of or under section 3 of the Terrorism Act 2000 (c. 11) of the United Kingdom Parliament.”.

“offences relating to terrorist financing”.

“15    Use and possession etc. of property for purposes of terrorism

(1)     It is an offence for a person to use property for the purposes of terrorism or for the support of a terrorist entity.

(2)     It is an offence for a person –

(a)     to possess property;

(b)     to provide, or invite another to provide, property or a financial service; or

(c)     to collect or receive property,

intending that the property or service be used, or knowing, suspecting, or having reasonable grounds to suspect that it may be used, for the purposes of terrorism or for the support of a terrorist entity.

(3)     In this Article –

(a)     reference to the use of property includes use in whole or in part, directly or indirectly;

(b)     reference to the provision of property or a financial service is a reference to the property or service being given, lent, or otherwise made available, whether or not for consideration; and

(c)     ‘support of a terrorist entity’ includes, but is not limited to, support by way of providing or subsidizing educational or other day-to-day living expenses.

(4)     A person guilty of an offence under this Article shall be liable to imprisonment for a term not exceeding 14 years or to a fine, or both.

16      Dealing with terrorist property

(1)     It is an offence for a person to do any act (including but not limited to an act listed in paragraph (3)) which facilitates the retention or control of terrorist property.

(2)     It is a defence for a person charged with an offence under paragraph (1) to prove that the person did not know or suspect or had no reasonable grounds to suspect that –

(a)     the purpose of the act was to facilitate the retention or control of terrorist property; or

(b)     the property in question was terrorist property.

(3)     The following acts are those mentioned in paragraph (1) –

(a)     concealing or disguising the property;

(b)     removing the property from Jersey;

(c)     transferring the property to nominees.

(4)     In paragraph (1), reference to doing an act includes reference to omitting to do something.

(5)     In paragraph (3)(a), reference to concealing or disguising property includes concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it.

(6)     A person guilty of an offence under this Article shall be liable to imprisonment for a term not exceeding 14 years or a fine, or both.

17      Articles 15 and 16: jurisdiction

(1)     A person who does anything outside Jersey which, if it were done in Jersey, would constitute an offence under Article 15 or 16, may be charged with that offence and if found guilty shall be liable to the penalty provided for that offence.

(2)     For the purposes of this Article, Article 16(3)(b) shall be read as if for ‘Jersey’ there were substituted ‘a country or place outside Jersey’.

18      Offences under Articles 15 and 16: co-operation with police

(1)     No offence is committed under Article 15 or 16 if a person acting with the express consent of an officer of the Force or customs officer does anything which would, apart from this paragraph, amount to the commission of an offence under either of those Articles.

(2)     No offence is committed under Article 15 or 16 if a person involved in a transaction or arrangement relating to property discloses, in accordance with the conditions set out in paragraph (4) –

(a)     a suspicion or belief that the property is terrorist property; and

(b)     the information on which the suspicion or belief is based.

(3)     No offence is committed under Article 15(2)(b) if a person involved in a transaction or arrangement relating to the provision of a financial service discloses, in accordance with the conditions set out in paragraph (4) –

(a)     a suspicion or belief that the service is being or to be provided for the purposes of terrorism or for the support of a terrorist entity; and

(b)     the information on which the suspicion or belief is based.

(4)     The conditions mentioned in paragraph (2) and (3) are that the disclosure is made –

(a)     after the person became involved in the transaction or arrangement to which the disclosure relates (‘the relevant transaction’);

(b)     to an officer of the Force or a customs officer;

(c)     in good faith and on the person’s own initiative; and

(d)     as soon as reasonably practicable.

(5)     The defences provided by paragraphs (2) and (3) cease to apply if –

(a)     an officer of the Force or customs officer forbids the person to continue involvement in the relevant transaction; but

(b)     the person continues to be involved.

(6)     It is a defence for a person charged with an offence under Article 15 or 16 to prove that the person –

(a)     intended to make a disclosure to which paragraph (2) or (3) applies; and

(b)     has reasonable excuse for failing to do so.

(7)     Paragraph (8) applies where –

(a)     a person is employed by any other person (‘the employer’); and

(b)     the employer has established procedures for the making of disclosures to which paragraph (2) or (3) would apply if such disclosure were made to an officer of the Force or customs officer.

(8)     Where this paragraph applies, it is a defence for the employed person, if charged with an offence under Article 15 or 16, to prove that a disclosure was made by the person in good faith and in accordance with the employer’s procedures.

19      General duty of disclosure of information

(1)     This Article applies, subject to paragraph (2), where –

(a)     a person (‘A’) believes or suspects that another person has committed an offence under Article 15 or 16; and

(b)     the basis for that belief or suspicion is information which comes to A’s attention in the course of A’s trade, profession, business or employment.

(2)     This Article does not apply where the information mentioned in paragraph (1)(b) comes to A in the course of business of a financial institution (in which case Article 21 shall apply).

(3)     Where this Article applies, A must disclose, in accordance with the conditions set out in paragraph (4) –

(a)     the belief or suspicion mentioned in paragraph (1)(a); and

(b)     the information on which that belief or suspicion is based,

and if A does not make such a disclosure, A commits an offence.

(4)     The conditions mentioned in paragraph (3) are that the disclosure is made –

(a)     to an officer of the Force or a customs officer;

(b)     in good faith; and

(c)     as soon as practicable after the information came to A’s attention.

(5)     A does not commit an offence under paragraph (3) if –

(a)     A has a reasonable excuse for not making a disclosure of information; or

(b)     A is a professional legal adviser and the information or other matter comes to A in privileged circumstances.

(6)     Where A is a professional legal adviser, nothing in this Article requires A to disclose information obtained by A in privileged circumstances, or any belief or suspicion based on such information.

(7)     Information or any other matter comes to A in privileged circumstances if it is communicated or given –

(a)     by a person seeking legal advice from A;

(b)     by a client or a client’s representative in connection with the provision of legal advice by A to the client; or

(c)     by any person in connection with actual or contemplated legal proceedings.

(8)     Paragraph (7) does not apply to information communicated or given to A with a view to furthering a criminal purpose.

(9)     Paragraph (10) applies where –

(a)     a person is employed by any other person except a financial institution (‘the employer’); and

(b)     the employer has established procedures for the making of disclosures of the matters specified in paragraph (3).

(10)    Where this paragraph applies, it is a defence for the employed person, if charged with an offence under paragraph (3), to prove that a disclosure of matters specified in that paragraph was made by the person in good faith and in accordance with the employer’s procedures.

(11)    A person guilty of an offence under this Article shall be liable to imprisonment for a term not exceeding 5 years or to a fine, or both.

20      Disclosure of information: immunity

(1)     This Article applies to a disclosure made in good faith to which either paragraph (2) or paragraph (3) applies, and which is made –

(a)     to an officer of the Force or a customs officer; or

(b)     where the person making the disclosure is employed by another person, in accordance with any procedures established by the employer for the making of such disclosures.

(2)     This paragraph applies to a disclosure made in the circumstances mentioned in Article 19(1)(a) and (b).

(3)     This paragraph applies to a disclosure of –

(a)     a person’s suspicion or belief that any property is, or is derived from, terrorist property; and

(b)     any matter on which that suspicion or belief is based.

(4)     A disclosure to which this Article applies shall not be treated as a breach of any restriction on the disclosure of information imposed by any enactment or contract or otherwise.”.

“(1)    This Article applies where the conditions in both paragraph (2) and paragraph (3) are fulfilled.

(2)     The first condition is that a person (“A”) knows, suspects or has reasonable grounds for suspecting that –

(a)     another person has committed an offence under Article 15 or 16; or

(b)     any property is or may be terrorist property.

(3)     The second condition is that the information or other matter on which A’s knowledge or suspicion is based, or which gives reasonable grounds for such suspicion, came to A in the course of business of a financial institution.

(4)     Where this Article applies, A must disclose, in accordance with the conditions set out in paragraph (4A) –

(a)     the knowledge, suspicion or grounds for suspicion mentioned in paragraph (2); and

(b)     the information or other matter mentioned in paragraph (3),

and if A does not make such a disclosure, A commits an offence.

(4A)   The conditions mentioned in paragraph (4) are that the disclosure is made –

(a)     to a designated police officer, a designated customs officer or a nominated officer;

(b)     in good faith; and

(c)     as soon as is practicable after the information or other matter comes to A.”;

“(3)    In this Article, ‘Jersey Financial Services Commission’ means the Commission established under the Financial Services Commission (Jersey) Law 1998[6].”.

“27    Forfeiture of property used for purposes of terrorism

(1)     The court by or before which a person is convicted of an offence under Article 15 or 16 may make a forfeiture order in accordance with the provisions of this Article.

(2)     Where the offence of which the person is convicted is an offence under Article 15, the court may order the forfeiture of any property which, at the time of the offence –

(a)     was possessed or controlled by that person; and

(b)     was intended to be used, or there is reasonable cause to suspect would be used, for the purposes of terrorism or for the support of a terrorist entity.

(3)     Where the offence of which the person is convicted is an offence under Article 16, the court may order the forfeiture of the terrorist property in question.

(4)     Where a person other than the convicted person claims to be the owner of or otherwise interested in any property which may be forfeit by virtue of an order under this Article, the court shall give that person an opportunity to be heard before making such an order.

(5)     Schedule 3 shall have effect to make further provision as to orders under this Article.”.

“35    Tipping off and interference with material

(1)     Paragraph (2) applies where a person knows or suspects that the Attorney General or any police officer is acting or proposing to act in connection with a terrorist investigation or proposed terrorist investigation.

(2)     It is an offence for the person –

(a)     to disclose to another person any information relating to the investigation; or

(b)     to interfere with material which is likely to be relevant to the investigation.

(3)     Paragraph (4) applies where a person knows or suspects that a disclosure has been or will be made under any of Articles 18, 19 or 21.

(4)     It is an offence for the person –

(a)     to disclose to another person –

(i)      the fact that such a disclosure has been or will be made, or

(ii)      any information otherwise relating to such a disclosure;

or

(b)     to interfere with material which is likely to be relevant to an investigation resulting from such a disclosure.

(5)     The States may by Regulations specify cases in which a disclosure or interference to which paragraph (2) or (4) would otherwise apply shall not amount to the commission of an offence.

(6)     Paragraphs (2) and (4) do not apply to a disclosure which –

(a)     is made by a professional legal adviser –

(i)      to a client, or to the client’s representative, in connection with the provision of legal advice to the client, or

(ii)      to any person for the purpose of actual or contemplated legal proceedings;

and

(b)     is not made with a view to furthering a criminal purpose.

(7)     For the purposes of paragraphs (2) and (4), interference with material includes falsifying, concealing, destroying or disposing of the material or part of it.

(8)     A person shall not be guilty of an offence under paragraph (2) or (4) in respect of anything done by the person in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Law or of any other enactment relating to terrorism or the investigation of terrorism.

(9)     A person who is guilty of an offence under this Article is liable to imprisonment for a term not exceeding 5 years or to a fine, or both.

(10)    No prosecution shall be instituted for an offence under this Article without the consent of the Attorney General.”.

“In this Part, ‘terrorist’ means a person who –

(a)     has committed an offence under any of Articles 12, 13, 15, 16, or 50 to 55;

(b)     is or has been concerned in the commission, preparation or instigation of an act of terrorism; or

(c)     is or has been concerned in action facilitating the commission, preparation or instigation of such an act.”.

“(Article 27(5))”.

“11    Interpretation

(1)     In this Schedule, ‘items subject to legal privilege’ means, subject to paragraph (2) –

(a)     communications between a professional legal adviser (‘A’) and the adviser’s client (‘B’) or any person representing B (‘C’), made in connection with the giving of legal advice by A to B;

(b)     communications between A, B or C or between A, B or C and any other person made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings;

(c)     items enclosed with or referred to in any such communications and made in connection with the giving of legal advice, or in connection with or in contemplation of legal proceedings and for the purposes of such proceedings, when such items are in the possession of a person who is entitled to possession of them.

(2)     An item cannot be subject to legal privilege if it is held with the intention of furthering a criminal purpose.

(3)     In this Schedule, ‘dwelling’ means a building or part of a building used as a dwelling, and includes a vehicle which is habitually stationary and is so used.”.

“SCHEDULE 10

(Article 2(1))

terrorism offences

1        Aviation Security (Jersey) Order 1993

(a)     An offence under any of sections 1, 2, 3, 4 or 6 of the Aviation Security Act 1982 as extended to Jersey by Article 2(1) of the Aviation Security (Jersey) Order 1993[9].

(b)     An offence under section 1 of the Aviation and Maritime Security Act 1990 as extended to Jersey by Article 2(2) of that Order.

2        Internationally Protected Persons Act 1978 (Jersey) Order 1979

An offence under section 1 of the Internationally Protected Persons Act 1978 as extended to Jersey by Article 3 of the Internationally Protected Persons Act 1978 (Jersey) Order 1979[10].

3        Nuclear Material (Offences) Act 1983 (Jersey) Order 1991

An offence under section 1 or 2 of the Nuclear Material (Offences) Act 1983 as extended to Jersey by Article 2 of the Nuclear Material (Offences) Act 1983 (Jersey) Order 1991[11].

4        Maritime Security (Jersey) Order 1996

An offence under any of sections 9 to 14 of the Aviation and Maritime Security Act 1990 as extended to Jersey by Article 2 of the Maritime Security (Jersey) Order 1996[12].

5        Taking of Hostages (Jersey) Order 1982

An offence under section 1 of the Taking of Hostages Act 1982 as extended to Jersey by Article 3 of the Taking of Hostages (Jersey) Order 1982[13].”.

“ ‘criminal investigation’ means an investigation which police officers or other persons have a duty to conduct for the purpose of ascertaining whether a person should be charged with an offence specified in Schedule 1 or, in a jurisdiction outside Jersey, with an equivalent offence;”;

“ ‘drug trafficking’ has the same meaning as is given to that expression by Article 1(1) of the Misuse of Drugs (Jersey) Law 1978[15];”;

“ ‘financial services business’ means a business specified, or of a description specified, in Schedule 2;”;

“ ‘money laundering’ means –

(a)     conduct which is an offence under any provision of Articles 30 and 31 of this Law or of Articles 15 and 16 of the Terrorism (Jersey) Law 2002[16]; or

(b)     conduct outside Jersey which, if occurring in Jersey, would be an offence specified in sub-paragraph (a);”;

“(2A) For the purposes of this Law –

(a)     a person benefits from any criminal conduct if that person obtains property as a result of or in connection with the conduct; and

(b)     in particular, but without derogation from sub-paragraph (a), a person benefits from criminal conduct if the person receives any payment or other reward in connection with such conduct, whether carried on by that person or by another.

(2B)   For the purposes of Part 2, ‘relevant criminal conduct’, in relation to a defendant, means the offences for which the defendant appears to be sentenced, together with any other offences which the Court may take into consideration in sentencing the defendant.”.

“4      Amount to be recovered under confiscation order

(1)     Subject to paragraphs (2) and (3), the amount which a defendant is required by a confiscation order to pay (in this Article, ‘the penalty’) shall be the amount assessed by the Court to be the value of the defendant’s benefit from the relevant criminal conduct (in paragraph (2), the ‘assessed value’).

(2)     Where the Court is satisfied that the amount which might be realised at the time when the confiscation order is made is less than the assessed value, the penalty shall be the amount which appears to the Court might be so realised (or, if that amount is nil, a nominal amount).

(3)     Where the Court is satisfied that a victim of the relevant criminal conduct has instituted or intends to institute civil proceedings against the defendant in respect of loss, injury or damage sustained in connection with that conduct, the penalty may be of such lesser amount as the Court thinks fit.”.

“(1A) The powers conferred on the Court by Article 16 are also exercisable where –

(a)     a criminal investigation has been started in Jersey in respect of alleged criminal conduct; and

(b)     the Court is satisfied that there is reasonable cause to believe that the alleged offender has benefited from the criminal conduct.”.

“(6)    A saisie judiciaire –

(a)     may be discharged or varied in relation to any property;

(b)     in a case falling within paragraph (1A) of Article 15 –

(i)      may be discharged, on the application of the alleged offender and before the commencement of any proceedings against the alleged offender, where the Court is satisfied that there has been undue delay in commencing proceedings in pursuance of the criminal investigation;

(ii)      shall be discharged, where the Attorney General informs the Court that proceedings will not be commenced in pursuance of the criminal investigation;

and

(c)     shall be discharged on satisfaction of the confiscation order.”.

“(4A) Without prejudice to the generality of paragraph (4), and following consultation with the Attorney General, the States may by Regulations provide that such particular monies or particular class of monies in the Fund as shall be specified in the Regulations shall be applied only for such purpose as shall similarly be specified.”.

“29    Criminal property

(1)     For the purposes of this Part of this Law, property is criminal property if –

(a)     it constitutes proceeds of criminal conduct or represents such proceeds, whether in whole or in part and whether directly or indirectly; and

(b)     the alleged offender knows or suspects that it constitutes or represents such proceeds.

(2)     For such purposes it does not matter –

(a)     whether the criminal conduct was conduct of the alleged offender or of another person;

(b)     whether the person who benefited from the criminal conduct was the alleged offender or another person; nor

(c)     whether the criminal conduct occurred before or after the coming into force of this provision.

30      Offences of dealing with criminal property

(1)     A person who –

(a)     acquires criminal property;

(b)     uses criminal property; or

(c)     has possession or control of criminal property,

is guilty of an offence.

(2)     For the purposes of paragraph (1) –

(a)     having possession or control of property includes doing an act in relation to the property; and

(b)     it does not matter whether the acquisition, use, possession or control is for the person’s own benefit or for the benefit of another.

(3)     A person who –

(a)     enters into or becomes concerned in an arrangement; and

(b)     knows or suspects that the arrangement facilitates, by any means, the acquisition, use, possession or control of criminal property by or on behalf of another person,

is guilty of an offence.

(4)     A person who is guilty of an offence under this Article shall be liable to imprisonment for a term not exceeding 14 years or to a fine, or both.

(5)     A person shall not be guilty of an offence under this Article in respect of anything done by the person in carrying out any function relating to the enforcement, or intended enforcement, of any provision of this Law or of any other enactment relating to criminal conduct or the proceeds of criminal conduct.

(6)     Subject to paragraph (7), a person shall not be guilty of an offence under paragraph (1) if the person acquired, used, possessed or controlled the property for adequate consideration.

(7)     The defence of adequate consideration in paragraph (6) shall not be available where –

(a)     property or services provided to a person assist that person in criminal conduct;

(b)     a person providing property or services to another person knows, suspects, or has reasonable grounds to suspect that the property or services will or may assist the other person in criminal conduct; or

(c)     the value of the consideration is significantly less than the value of the property acquired or, as the case may be, the value of its use or possession.

(8)     No prosecution shall be instituted for an offence under this Article without the consent of the Attorney General.

31      Concealment etc. of criminal property

(1)     A person who –

(a)     conceals criminal property;

(b)     disguises criminal property;

(c)     converts or transfers criminal property; or

(d)     removes criminal property from Jersey,

is guilty of an offence.

(2)     In paragraph (1), reference to concealing or disguising property includes reference to concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it.

(3)     A person who is guilty of an offence under this Article shall be liable to imprisonment for a term not exceeding 14 years or to a fine or to both.

(4)     A person shall not be guilty of an offence under this Article in respect of anything done by the person in carrying out any function relating to the enforcement, or intended enforcement, of any provision of this Law or of any other enactment relating to criminal conduct or the proceeds of criminal conduct.

(5)     Without prejudice to any provision in the preceding paragraphs of this Article, the importation or exportation for any purpose of criminal property which constitutes or represents the proceeds of drug trafficking is prohibited.

(6)     No prosecution shall be instituted for an offence under this Article without the consent of the Attorney General.

32      Protection for disclosures, and defence of intended disclosure

(1)     Paragraphs (2) and (3) apply where a person makes a disclosure to a police officer –

(a)     of a suspicion or belief that any property constitutes or represents proceeds of criminal conduct and of any matter on which such suspicion or belief is based; or

(b)     of information, for the purposes of a criminal investigation or criminal proceedings in Jersey.

(2)     The disclosure –

(a)     shall not be treated as a breach of any restriction upon the disclosure of information imposed by any enactment or contract or otherwise; and

(b)     shall not involve the person making it in liability of any kind.

(3)     Where the person making the disclosure does any act, or deals with the property in any way which apart from this provision would amount to the commission of an offence under Article 30 or 31, the person shall not be guilty of such an offence if the conditions set out in paragraph (4) are fulfilled.

(4)     The conditions mentioned in paragraph (3) are that the disclosure is made in good faith and either –

(a)     if the disclosure is made before the person does the act in question, the act is done with the consent of a police officer; or

(b)     if the disclosure is made after the person does the act in question, it is made on the person’s own initiative and as soon as reasonably practicable after the person has done the act in question.

(5)     In the case of a person (‘P’) who was in employment at the time of making the disclosure, a disclosure by P to an appropriate person shall be treated as though it were a disclosure to a police officer, and paragraphs (1) to (3) shall have effect as though references to the police officer were references to the appropriate person.

(6)     In paragraph (5) and in Article 34B, the ‘appropriate person’ is the person designated by P’s employer in accordance with the procedure established by the employer for such disclosures to be made.

(7)     In proceedings against a person for an offence under Article 30, it shall be a defence to prove that –

(a)     the alleged offender intended to disclose, to a police officer, the suspicion or belief that property constitutes or represents proceeds of criminal conduct; and

(b)     there is reasonable excuse for the alleged offender’s failure to make such a disclosure.

33      Restrictions on further disclosure

(1)     Information that is disclosed –

(a)     to a police officer under Article 32 or 34A or any Order made under Article 37; or

(b)     to a designated police officer or designated customs officer,

shall not be disclosed by that officer or by any person who obtains information directly or indirectly from that officer, unless such further disclosure is permitted by Article 34.

(2)     A person who discloses information in contravention of paragraph (1) is guilty of an offence and shall be liable to imprisonment for a term not exceeding 6 months or to a fine of level 4 on the standard scale, or both.

(3)     In proceedings against a person for an offence under this Article, it shall be a defence to prove that the person took all reasonable steps and exercised due diligence to avoid committing the offence.

(4)     No prosecution shall be instituted for an offence under this Article without the consent of the Attorney General.

34      Further disclosure permitted for certain purposes

(1)     Article 33 does not prohibit the disclosure of information –

(a)     to a person in Jersey for the purposes of a criminal investigation or criminal proceedings in Jersey; or

(b)     for other purposes in Jersey; to –

(i)      the Attorney General,

(ii)      the Financial Services Commission,

(iii)     a police officer,

(iv)     any other person who is for the time being authorized in writing by the Attorney General to obtain the information, or

(v)     any supervisory body designated as such by the Chief Minister under the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008[17].

(2)     Where the Attorney General has consented to disclosure of information and has not withdrawn that consent, Article 33 does not prohibit the disclosure of information –

(a)     for the purposes of the investigation of crime outside Jersey or of criminal proceedings outside Jersey; or

(b)     to a competent authority outside Jersey.

(3)     The Attorney General may give consent –

(a)     generally or specifically; and

(b)     unconditionally or subject to such conditions as the Attorney General may stipulate.

(4)     Without prejudice to the generality of paragraph (3), the Attorney General’s consent may be given in terms that permit the disclosure from time to time (as the occasion requires) of such a class of information as is specified in the consent to such a person or authority, or class of persons or authority, as is so specified.

(5)     Without prejudice to the generality of paragraph (3), a condition –

(a)     may be expressed generally or in respect of any specified information;

(b)     may provide that information may only be disclosed in specified circumstances or for a specified purpose; or

(c)     may provide that any person or authority to whom information is disclosed shall not disclose it to any other person without the prior consent of the Attorney General.”.

“(1)    This Article applies where –

(a)     a person (“A”) knows or suspects that another person is engaged in money laundering; and

(b)     the information or other matter on which that knowledge or suspicion is based comes to A’s attention in the course of A’s trade, profession, business or employment.

(1A)   Where this Article applies, A must disclose, in accordance with the conditions set out in paragraph (1B) –

(a)     the knowledge or suspicion mentioned in paragraph (1)(a); and

(b)     the information or other matter mentioned in paragraph (1)(b),

and if A does not make such a disclosure, A commits an offence.

(1B)   The conditions mentioned in paragraph (1A) are that the disclosure is made –

(a)     to a police officer;

(b)     in good faith; and

(c)     as soon as is practicable after the information or other matter came to A’s attention.”;

“(1)    This Article applies where the conditions in both paragraph (2) and paragraph (3) are fulfilled.

(2)     The first condition is that a person (“A”) knows, suspects or has reasonable grounds for suspecting that –

(a)     another person is engaged in money laundering; or

(b)     any property constitutes or represents proceeds of criminal conduct.

(3)     The second condition is that the information or other matter on which A’s knowledge or suspicion is based, or which gives reasonable grounds for such suspicion, came to A in the course of the carrying on of a financial services business.

(4)     Where this Article applies, A must disclose, in accordance with the conditions set out in paragraph (4A) –

(a)     the knowledge, suspicion or grounds for suspicion mentioned in paragraph (2); and

(b)     the information or other matter mentioned in paragraph (3),

and if A does not make such a disclosure, A commits an offence.

(4A)   The conditions mentioned in paragraph (4) are that the disclosure is made –

(a)     to a designated police officer, a designated customs officer or a nominated officer;

(b)     in good faith; and

(c)     as soon as is practicable after the information or other matter comes to A.”;

“35    Tipping off and interference with material

(1)     Paragraph (2) applies where a person knows or suspects that the Attorney General or any police officer is acting or proposing to act in connection with an investigation that is being or is about to be conducted into money laundering.

(2)     It is an offence for the person –

(a)     to disclose to another person any information relating to the investigation; or

(b)     to interfere with material which is likely to be relevant to the investigation.

(3)     Paragraph (4) applies where a person knows or suspects that a disclosure –

(a)     under Article 32; or

(b)     to which Article 34A(3) or Article 34D(9) applies,

has been or will be made.

(4)     It is an offence for the person –

(a)     to disclose to another person –

(i)      the fact that such a disclosure has been or will be made, or

(ii)      any information otherwise relating to such a disclosure;

or

(b)     to interfere with material which is likely to be relevant to an investigation resulting from such a disclosure.

(5)     The States may by Regulations specify cases in which a disclosure or interference to which paragraph (2) or (4) would otherwise apply shall not amount to the commission of an offence.

(6)     Paragraphs (2) and (4) do not apply to a disclosure which –

(a)     is made by a professional legal adviser –

(i)      to a client, or to the client’s representative, in connection with the provision of legal advice to the client, or

(ii)      to any person for the purpose of actual or contemplated legal proceedings;

and

(b)     is not made with a view to furthering a criminal purpose.

(7)     For the purposes of paragraphs (2) and (4), interference with material includes falsifying, concealing, destroying or disposing of the material or part of it.

(8)     A person shall not be guilty of an offence under paragraph (2) or (4) in respect of anything done by the person in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Law or of any other enactment relating to criminal conduct or the proceeds of criminal conduct.

(9)     A person who is guilty of an offence under this Article is liable to imprisonment for a term not exceeding 5 years or to a fine, or both.

(10)    No prosecution shall be instituted for an offence under this Article without the consent of the Attorney General.”.

“(1)    Schedule 2 shall have effect to specify what is financial services business for the purposes of this Law.”.

“(11)  For the purposes of this Article, ‘money laundering’ includes, in addition to the matters comprised in the definition of that term in Article 1(1) –

(a)     conduct that is an offence under any of the following provisions –

(i)      Articles 34A and 34D of this Law,

(ii)      Articles 7, 8 and 10 of the Al-Qa’ida and Taliban (United Nations Measures) (Channel Islands) Order 2002[18], or

(iii)     Articles 13–17 and 19 of the Terrorist Asset-Freezing (Jersey) Law 2011[19];

(b)     conduct outside Jersey which, if occurring in Jersey, would be an offence specified in sub-paragraph (a).”.

“(b)    criminal investigations or proceedings begun in a country or territory outside Jersey which may result in an external confiscation order being made there.”.

“(11)  Provision may be made by Rules of Court as to –

(a)     the manner in which applications may be made under this Article;

(b)     the discharge and variation of orders under this Article; and

(c)     proceedings related to orders under this Article.”.

“ ‘Convention state’ means a state other than the United Kingdom which is a party to the Vienna Convention;”;

“ ‘drug trafficking’ means carrying out, or being concerned in, any of the following activities, whether in Jersey or elsewhere –

(a)     producing or supplying a controlled drug in contravention of Article 5 of this Law or a corresponding law;

(b)     transporting or storing a controlled drug where possession of the drug contravenes Article 8(1) of this Law or a corresponding law;

(c)     importing or exporting goods where the importation or exportation is prohibited by Article 10A of this Law, Article 31(5) of the Proceeds of Crime (Jersey) Law 1999[21], or a corresponding law;

(d)     manufacturing or supplying a scheduled substance where such manufacture or supply –

(i)      amounts to the commission of an offence under Article 6 of this Law or a corresponding law, or

(ii)      would be such an offence if it took place in Jersey;

(e)     illicit traffic in a controlled drug by means of a ship in circumstances which amount to the commission of an offence under Article 11B of this Law;”;

“ ‘premises’ includes a vessel, any offshore installation, and any tent or movable structure;”;

“ ‘Vienna Convention’ means the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances which was signed in Vienna on 20th December 1988.”.

“(5)    In this Law, ‘corresponding law’ means a law stated in a certificate purporting to be issued by or on behalf of the government of a country outside Jersey (in paragraph (6), ‘a corresponding law certificate’) to be a law in force and providing for the control and regulation in that country –

(a)     of the production, supply, use, export, or import of drugs and other substances, in accordance with the Single Convention on Narcotic Drugs signed at New York on 30th March 1961; or

(b)     of the production, supply, use, export or import of dangerous or otherwise harmful drugs in pursuance of any treaty, convention, or other agreement or arrangement to which the government of that country and the States of Jersey are for the time being parties.

(6)     A statement in a corresponding law certificate that any facts constitute an offence against the corresponding law in question shall be evidence of the matters stated.

(7)     If, in any proceedings under this Law, the question arises whether a country or territory is a state or is a party to the Vienna Convention, a certificate issued by the Secretary of State shall be conclusive in determining that question; and for this purpose ‘Secretary of State’ means –

(a)     Her Majesty’s Secretary of State for the Home Department; or

(b)     Her Majesty’s Secretary of State for any other government department, or any Minister of the Crown, to whom the functions of the Secretary of State for the Home Department are transferred.”.

“(a)    the provisions of Part 2 of the Proceeds of Crime (Jersey) Law 1999 relating to the confiscation of the proceeds of criminal conduct; or”.

“10A Prohibition on importation and exportation of goods for use in drug trafficking

The importation or exportation of goods intended by any person for use in drug trafficking is prohibited.”.

“11A Offences committed on Jersey ships

(1)     Anything which, if it were done on land in Jersey, would constitute an offence listed in paragraph (2) of this Article shall constitute that offence if done on a Jersey ship.

(2)     This is the list of offences mentioned in paragraph (1) –

(a)     an offence under any of Articles 5, 6, 8(2) or 21(5) of this Law;

(b)     an offence under Article 61 of the Customs and Excise (Jersey) Law 1999[22] in connection with a prohibition on importation or exportation having effect by virtue of Article 4 of this Law.

(3)     In this Article and in Articles 11B and 11D, ‘Jersey ship’ means a ship registered in Jersey.

11B   Use of ships for illicit traffic of drugs

(1)     It is an offence for a person, knowing or having reasonable grounds to suspect that a controlled drug is intended to be imported or has been exported contrary to Article 4 of this Law or the law of any other state or territory –

(a)     to have in possession a controlled drug; or

(b)     to be in any way knowingly concerned in the carrying or concealing of a controlled drug,

on a ship to which this Article applies.

(2)     This Article applies to the following ships –

(a)     a Jersey ship;

(b)     a ship registered in the United Kingdom or an Overseas Territory of the United Kingdom, Guernsey, or the Isle of Man;

(c)     a ship registered in a Convention state; and

(d)     a ship not registered in any country or territory.

(3)     A certificate issued by or on behalf of the government of a state or territory other than Jersey to the effect that importation or exportation of a controlled drug is contrary to the law of that state or territory shall be evidence to that effect for the purposes of proceedings in Jersey.

11C   Jurisdiction in respect of offences on ships

(1)     Proceedings under Article 11A or 11B in respect of an offence on a ship may be taken, and the offence may be treated as having been committed, within Jersey.

(2)     The location of a ship is immaterial for the purpose of establishing whether an offence under Article 11B has been committed.

(3)     Section 3 of the Territorial Waters Jurisdiction Act 1878 of the United Kingdom shall not apply to any proceedings under Article 11A or 11B.

(4)     Enforcement powers shall not be exercised outside the territorial sea of Jersey in relation to a ship registered in a Convention state except with the authority of the Attorney General, which shall not be given unless, in relation to that ship, the Convention state has –

(a)     requested assistance from Jersey for the purpose mentioned in paragraph (1) of this Article; or

(b)     authorized Jersey to act for that purpose.

(5)     In giving such authority, the Attorney General may impose such conditions or limitations on the exercise of enforcement powers as may be necessary to give effect to any conditions or limitations imposed by the Convention state.

(6)     Whether in response to a request from a Convention state or of the Attorney General’s own motion, the Attorney General may authorize a Convention state to exercise, in relation to a Jersey ship, powers corresponding to the enforcement powers, subject to such conditions or limitations as the Attorney General may impose.

(7)     The enforcement powers shall not be exercised in the territorial sea of another country or territory except with the authority of the Attorney General, which shall not be given unless the country or territory concerned has agreed to such exercise of the powers.

(8)     The Attorney General may delegate to the Agent of the Impôts by instrument in writing all or any of the Attorney General’s functions under this Article, subject to such conditions or limitations as may be specified in the instrument.

(9)     In this Article, ‘enforcement powers’ means the powers conferred by Article 19A.”.

“Powers to search and detain”.

“(b)    material directly or indirectly relating to, or connected with, drug trafficking or any other transaction or dealing which was, or intended transaction or dealing which would if carried out be, an offence under this Law or (in the case of a transaction or dealing intended to be carried out in a place outside Jersey) under a corresponding law,”,

“(2A) An order under this paragraph may order any person who appears to the Bailiff to be in possession of material such as is mentioned in paragraph (2)(b) –

(a)     to produce the material to a police officer or an officer of the Impôts for the officer to take away;

(b)     to give access to the material (including, where the person subject to the order appears to the Bailiff to be entitled to grant such entry, access by entry to any premises) to a police officer or an officer of the Impôts,

within 7 days or such other period as may appear to the Bailiff to be appropriate; and provision may be made by Rules of Court as to the discharge and variation of, and proceedings relating to, orders under this paragraph.

(2B)   A warrant under this paragraph may authorize any police officer or officer of the Impôts, together with any other person named in the warrant, at any time or times within one month from the date of the warrant –

(a)     to enter, if necessary by force, the premises specified in the warrant;

(b)     to search those premises and any persons found to be on the premises;

(c)     if there are reasonable grounds for suspecting that an offence under this Law has been committed in relation to any controlled drug found as a result of the search, to seize and detain the drug;

(d)     if there are reasonable grounds for suspecting that material found as a result of the search is material such as mentioned in paragraph (2)(b), to seize and detain the material.”;

“(8)    In this Article –

(a)     ‘material’ includes, but is not limited to, books and documents; and

(b)     ‘vessel’ includes an aircraft, a hydrofoil and a hovercraft.”.

“(9)    Where material to which paragraphs (2), (2A) and (2B) of this Article relate consists of information contained in a computer –

(a)     an order for production of or grant of access to the material under paragraph (2A)(a) shall have effect as an order that any person who appears to be in possession or control of the material shall produce it in a form in which it is visible and legible and can be taken away;

(b)     a warrant authorizing seizure and detention of the material under paragraph (2B)(d) shall be taken also to authorize seizure and detention of the computer and any related hardware containing the information.

(10)    An order under paragraph (2A) and a warrant under paragraph (2B) –

(a)     shall not confer any right to production of, or access to, material subject to legal professional privilege;

(b)     shall have effect despite any obligation to secrecy or other restriction upon the disclosure of information, whether imposed by statute or otherwise;

(c)     may be made in relation to material in the possession of a States Department.”.

“19A Additional enforcement powers in respect of offences on ships

(1)     Powers conferred by this Article are exercisable by an officer in relation to a ship to which Article 11A or 11B applies (‘the ship’), for the purpose of –

(a)     investigating whether or not an offence under either of those Articles has been committed; or

(b)     taking any action or proceeding in respect of such an offence.

(2)     In this Article and in Article 19B, ‘officer’ means –

(a)     a police officer;

(b)     such other person of a description specified for the purpose by an Order made by the Minister for Health and Social Services.

(3)     An officer exercising powers conferred by this Article may be accompanied by another person who may, under the officer’s supervision, perform any of the officer’s functions.

(4)     An officer may require a person in control of a ship –

(a)     to stop the ship;

(b)     to take the ship to a port in Jersey or, where the officer is exercising powers with the Attorney General’s authority given under Article 11C(4), to a port in the Convention state in question or (if that state has so requested) in any other country or territory willing to accept it; and

(c)     to take any other action as may be necessary for the fulfilment of a purpose described in sub-paragraph (a) or (b).

(5)     An officer may stop a ship, board it, search it and anyone and anything on it including its cargo, and (without prejudice to the generality of this power or the power in Article 19(3)(b)) in doing so may –

(a)     open any containers;

(b)     test or sample anything on the ship;

(c)     require the production of documents or records relating to the ship or anything on it;

(d)     make copies of anything of which production may be required under sub-paragraph (c).

(6)     An officer may detain a ship in port and in such a case the officer shall serve notice on the master in writing that the ship is detained until –

(a)     a time specified in the notice; or

(b)     such time as the notice is withdrawn by service of a further notice in writing signed by an enforcement officer.

(7)     An officer may arrest anyone whom the officer reasonably suspects is guilty of an offence under Article 11A or 11B, and may seize and detain anything which appears to the officer to be evidence of the offence (and the powers conferred by this paragraph shall be in addition to, and not in derogation of, any other powers conferred on a police officer).

(8)     An officer may use reasonable force in the exercise of powers or functions under this Article.

(9)     An officer exercising powers under this Article shall, if required, produce evidence of authority.

(10)    No liability in any civil or criminal proceedings shall attach to any act of an officer in the purported exercise of powers under this Article, if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

(11)    It is an offence for a person –

(a)     intentionally to obstruct an officer in the exercise of powers under this Article;

(b)     to fail without reasonable excuse to comply with a requirement of an officer exercising such powers; or

(c)     in purporting to comply with such a requirement –

(i)      to make a statement which the person knows to be false in a material particular or recklessly make a statement which is false in a material particular, or

(ii)      intentionally to fail to disclose any material particular.

19B   Tipping off

(1)     It is an offence for a person, who knows or suspects that an officer is acting or proposing to act –

(a)     in pursuance of an order under Article 19(2A) or a warrant under Article 19(2B); or

(b)     in the exercise of powers under Article 19A,

to disclose to any other person the knowledge or suspicion or any other matter or information relating to that action or proposed action.

(2)     The States may by Regulations specify cases in which a disclosure to which paragraph (1) would otherwise apply shall not amount to the commission of an offence.

(3)     Paragraph (1) does not make it an offence for a professional legal adviser to disclose information or any other matter –

(a)     to a client or a client’s representative in connection with giving legal advice to the client; or

(b)     to any person for the purpose of actual or contemplated legal proceedings,

except where the information or other matter is disclosed with a view to furthering a criminal purpose.

(4)     A person shall not be guilty of an offence under paragraph (1) in respect of anything done by the person in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Law.”.

“ ‘items subject to legal professional privilege’ shall have the same meaning as is given to the expression ‘items subject to legal privilege’ by Article 1(1) of the Proceeds of Crime (Jersey) Law 1999[31];”.

“(c)    the Terrorist Asset-Freezing (Jersey) Law 2011[35];”.

“ ‘items subject to legal professional privilege’ shall have the same meaning as is given to the expression ‘items subject to legal privilege’ by Article 1(1) of the Proceeds of Crime (Jersey) Law 1999[38];”.

“(b)    Article 19B of the Misuse of Drugs (Jersey) Law 1978[40];”.

“(a)    the nominated officer referred to in Article 34D of the Law and Article 21 of the Terrorism Law;

(b)     the appropriate person referred to in Article 32(5) of the Law; and

(c)     the person to whom disclosure may be made under any procedure established by an employer as described in Article 18(7) of the Terrorism Law.”;

“(a)    the Terrorist Asset-Freezing (Jersey) Law 2011[43];”,

“(c)    any of the offences mentioned in sub-paragraphs (a) to (e) in the definition ‘drug trafficking’ in Article 1(1) of the Misuse of Drugs (Jersey) Law 1978[45].”;

“(6)    An officer may also authorize delay where the serious offence is a money laundering offence and the officer has reasonable grounds for believing –

(a)     that the detained person has benefited from the offence; and

(b)     that telling the named person of the arrest will hinder the recovery of the value of the property obtained, or of the pecuniary advantage derived, by the detained person from or in connection with the offence.”;

“(9)    An officer may also authorize delay where the serious offence is a money laundering offence and the officer has reasonable grounds for believing –

(a)     that the detained person has benefited from the offence; and

(b)     that telling the named person of the arrest will hinder the recovery of the value of the property obtained, or of the pecuniary advantage derived, by the detained person from or in connection with the offence.”;

“6.     In the Misuse of Drugs (Jersey) Law 1978 –

(a)     any act described in the definition ‘drug trafficking’ in Article 1(1);

(b)     Article 19B (except that an offence under that Article is not a serious offence for the purposes of Article 13 of this Law).”,

“If there are reasonable grounds to suspect that there is a controlled drug, or any material directly or indirectly relating to drug trafficking or similar offences, in the possession of a person on any premises, an order for production of or access to the material may be made under Article 19(2A) of the Misuse of Drugs (Jersey) Law 1978, or a warrant may be issued under Article 19(2B) of that Law for entry to and search of the premises and for seizure and detention of any drugs or material found on the premises. (Both an order and a warrant may be granted if the Bailiff thinks fit.)”;

“(2)    The Law as so modified is reproduced, after the Schedule, for illustrative purposes only.”.

“SCHEDULE

(Regulation 2(1))

modification of the proceeds of crime (jersey) law 1999

1        Article 1 amended

(1)     In Article 1(1) –

(a)     the following definitions shall be omitted –

‘Commission’ and ‘Financial Services Commission’;

‘competent authority’;

‘criminal investigation’;

‘designated customs officer’;

‘designated police officer’;

‘drug trafficking’;

‘exported’;

‘financial services business’;

‘investigation’;

‘modifications’;

‘money laundering’;

‘proceeds of criminal conduct’;

(b)     for the definition ‘criminal conduct’ there shall be substituted the following definition –

‘ “criminal conduct” means conduct corresponding to an offence specified in Schedule 1;’;

(c)     for the definition ‘defendant’ there shall be substituted the following definition –

‘ “defendant” means a person against whom –

(a)     an external confiscation order has been made; or

(b)     proceedings have been or are to be instituted in a court in a country or territory outside Jersey, which may result in an external confiscation order being made;’;

(d)     after the definition ‘defendant’ there shall be inserted the following definition –

‘ “Enforcement Regulations” means the Proceeds of Crime (Enforcement of Confiscation Orders) (Jersey) Regulations 2008[51];’;

(e)     in sub-paragraph (a) of the definition ‘external confiscation order’, for the words ‘conduct corresponding to an offence specified in Schedule 1’ there shall be substituted the words ‘criminal conduct’;

(f)      for the definitions ‘gift caught by Part 2’ and ‘gift caught by this Part’ there shall be substituted the following definition –

‘ “gift caught by this Law” has the meaning given in Article 2(9);’.

(2)     In Article 1(2) –

(a)     in sub-paragraph (a) –

(i)      the words ‘with the commission of an offence or’ shall be deleted, and

(ii)      after the words ‘and in some other connection’ there shall be inserted the words ‘(whether received before or after the commencement of the Enforcement Regulations)’;

(b)     in sub-paragraph (b) –

(i)      the words ‘with the commission of an offence or’, and

(ii)      the words ‘the commission of that offence’,

shall be deleted.

(3)     For paragraphs (2A) to (9) of Article 1 there shall be substituted the following paragraphs –

‘(3)    For the purposes of this Law, proceedings for an offence are instituted in a country or territory outside Jersey when –

(a)     the defendant has been notified in writing in accordance with the laws of that country or territory that proceedings have begun there against the defendant in respect of an offence; or

(b)     an application has been made to a court in that country or territory for an external confiscation order against the defendant,

whichever is the earliest.

(4)     For the purposes of this Law, proceedings for an offence are concluded –

(a)     when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an external confiscation order being made in the proceedings; or

(b)     on satisfaction of an external confiscation order made in the proceedings, whether by the recovery of all property liable to be recovered or the payment of any amount due.

(5)     For the purposes of this Law, an external confiscation order is satisfied when no property remains liable to be recovered, or no amount is due, under that order.

(6)     For the purposes of this Law, an external confiscation order is subject to appeal until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.’.

2        Article 2 amended

In Article 2 –

(a)     for paragraphs (1) and (2) there shall be substituted the following paragraphs –

‘(1)    In this Law, “realisable property” means –

(a)     in relation to an external confiscation order in respect of specified property, the property that is specified in the order;

(b)     in any other case –

(i)      any property held by the defendant,

(ii)      any property held by a person to whom the defendant has directly or indirectly made a gift caught by this Law, and

(iii)     any property to which the defendant is beneficially entitled.

(2)     However, property is not realisable property if –

(a)     a confiscation order;

(b)     an order under Article 9 of the Proceeds of Crime (Cash Seizure) (Jersey) Law 2008[52];

(c)     an order under Article 29 of the Misuse of Drugs (Jersey) Law 1978[53]; or

(d)     an order under Article 27 of the Terrorism (Jersey) Law 2002[54],

is in force in respect of the property.’;

(b)     paragraphs (3) and (11) shall be omitted;

(c)     in paragraphs (4), (5), (7) and (10), for the words ‘Part 2’ wherever they appear, there shall be substituted the words ‘this Law’;

(d)     for paragraph (9) there shall be substituted the following paragraph –

‘(9)    A gift (including a gift made before the commencement of the Enforcement Regulations) is caught by this Law if –

(a)     it was made by the defendant at any time after the conduct to which the external confiscation order relates; and

(b)     the Court considers it appropriate in all the circumstances to take the gift into account.’.

3        Part 2 amended

(1)     For the heading to Part 2 there shall be substituted the following heading –

‘external confiscation orders’.

(2)     Articles 3 to 14, 18, 19, 21, and 25 to 28A shall be omitted.

(3)     For Article 15 there shall be substituted the following Article –

‘15    Cases in which saisies judiciaires may be made

(1)     The powers conferred on the Court by Article 16 are exercisable where –

(a)     proceedings have been instituted in a country or territory outside Jersey and have not been concluded, and –

(i)      an external confiscation order has been made in the proceedings, or

(ii)      it appears to the Court that there are reasonable grounds for believing that such an order will be made in the proceedings;

or

(b)     it appears to the Court that proceedings are to be instituted against the defendant in a country or territory outside Jersey, and that there are reasonable grounds for believing that an external confiscation order will be made in those proceedings.

(2)     Where the Court has made an order under Article 16 by virtue of paragraph (1)(b), the Court shall discharge the Order if proceedings have not been instituted within such time as the Court considers reasonable.’.

(4)     In Article 16 –

(a)     in paragraph (1), after the words ‘an application made by or on behalf of the Attorney General’ there shall be inserted the words ‘on behalf of the government of a country or territory outside Jersey’;

(b)     in paragraph (6), for sub-paragraphs (b) and (c) there shall be substituted the following sub-paragraph –

‘(b)    shall be discharged when the proceedings in which it was made are concluded.’.

(5)     In Article 17, for paragraph (1) there shall be substituted the following paragraph –

‘(1)    Where –

(a)     an external confiscation order has been registered under Article 39; and

(b)     the Court has made a saisie judiciaire,

the Court may, on an application made by or on behalf of the Attorney General, empower the Viscount to realise, in such manner as it may direct, any realisable property vested in the Viscount or in the Viscount’s possession pursuant to a saisie judiciaire under Article 16.’.

(6)     In Article 20, for the words ‘confiscation order’ wherever they appear, there shall be substituted the words ‘external confiscation order’.

(7)     In Article 22, in paragraph (2) the words ‘, 18, 19’ shall be omitted.

(8)     In Article 24 –

(a)     in sub-paragraph (2)(a), for the words ‘a confiscation order’ there shall be substituted the words ‘an external confiscation order’;

(b)     for paragraph (8) there shall be substituted the following paragraph –

‘(8)    In this Article –

“asset sharing agreement” means any agreement or arrangement made by or on behalf of Jersey with a country or territory outside Jersey for the sharing of the proceeds of criminal conduct that, as a result of mutual assistance, have been confiscated or forfeited either in Jersey or elsewhere;

“criminal conduct” has the meaning given by Article 1(1) of this Law, disregarding any modification to that definition made by the Enforcement Regulations.’.

4        Part 3 omitted

Part 3 shall be omitted.

5        Part 4 amended

(1)     For the heading to Part 4 there shall be substituted the following heading –

‘registration of external confiscation orders’.

(2)     Article 38 shall be omitted.

6        Part 5 amended

(1)     Articles 40 to 43 shall be omitted.

(2)     For the text of Article 44 there shall be substituted the following –

‘The power of the Superior Number of the Royal Court to make Rules of Court under the Royal Court (Jersey) Law 1948[55] includes a power to make Rules for the purposes of this Law.’.

(3)     For the text of Article 45 there shall be substituted the following –

‘This Law may be cited as the Proceeds of Crime (Jersey) Law 1999[56], as modified by the Proceeds of Crime (Enforcement of Confiscation Orders) (Jersey) Regulations 2008[57].’.

7        Schedules amended

(1)     In Schedule 1 –

(a)     for the sub-heading in brackets there shall be substituted the following sub-heading –

‘(Article 1(1))’;

(b)     for the sub-heading ‘OFFENCES FOR WHICH CONFISCATION ORDERS MAY BE MADE’ there shall be substituted the following subheading –

‘offences relevant to criminal conduct’.

(2)     Schedules 2 and 3 shall be omitted.

THE FOLLOWING PROVISIONS ARE REPRODUCED FOR ILLUSTRATIVE PURPOSES ONLY AND HAVE NO LEGAL EFFECT

THE PROCEEDS OF CRIME (JERSEY) LAW 1999, AS MODIFIED BY THE PROCEEDS OF CRIME (ENFORCEMENT OF CONFISCATION ORDERS) (JERSEY) REGULATIONS 2008

(REGULATION 2 AND SCHEDULE)

PART 1

INTRODUCTORY

1        Interpretation

(1)     In this Law, unless the context otherwise requires –

‘Court’ means the Royal Court;

‘criminal conduct’ means conduct corresponding to an offence specified in Schedule 1;

‘Criminal Offences Confiscations Fund’ and ‘Fund’ mean the Criminal Offences Confiscations Fund established under Article 24;

‘defendant’ means a person against whom –

(a)     an external confiscation order has been made; or

(b)     proceedings have been or are to be instituted in a court in a country or territory outside Jersey, which may result in an external confiscation order being made;

‘Enforcement Regulations’ means the Proceeds of Crime (Enforcement of Confiscation Orders) (Jersey) Regulations 2008[58];

‘external confiscation order’ means an order made by a court in a country or territory outside Jersey –

(a)     for the purpose of recovering property obtained as a result of or in connection with criminal conduct;

(b)     for the purpose of recovering the value of property so obtained; or

(c)     for the purpose of depriving a person of a pecuniary advantage so obtained;

‘gift caught by this Law’ has the meaning given in Article 2(9);

‘interest’, in relation to property, includes right;

‘making a gift’ has the meaning given in Article 2(10);

‘Minister’ means the Minister for Treasury and Resources;

‘money’ means cash (that is to say, coins or notes in any currency) or any negotiable instrument;

‘police officer’ means a member of the Honorary Police, a member of the States of Jersey Police Force, the Agent of the Impôts or any other officer of the Impôts;

‘property’ means all property, whether movable or immovable, or vested or contingent, and whether situated in Jersey or elsewhere;

‘realisable property’ has the meaning given in Article 2(1) and (2);

‘saisie judiciaire’ means an order to which Article 16(1) refers;

‘value of a gift’ has the meaning given in Article 2(7) and (8);

‘value of property’ has the meaning given in Article 2(4), (5) and (6).

(2)     For the purposes of this Law –

(a)     references to property obtained, or to a pecuniary advantage derived, in connection with criminal conduct include a reference to property obtained or to a pecuniary advantage derived both in that connection and in some other connection (whether received before or after the commencement of the Enforcement Regulations); and

(b)     where a person derives a pecuniary advantage as a result of or in connection with criminal conduct, the person is to be treated as if the person had obtained, as a result of or in connection with that conduct, a sum of money equal to the pecuniary advantage.

(3)     For the purposes of this Law, proceedings for an offence are instituted in a country or territory outside Jersey when –

(a)     the defendant has been notified in writing in accordance with the laws of that country or territory that proceedings have begun there against the defendant in respect of an offence; or

(b)     an application has been made to a court in that country or territory for an external confiscation order against the defendant,

whichever is the earliest.

(4)     For the purposes of this Law, proceedings for an offence are concluded –

(a)     when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an external confiscation order being made in the proceedings; or

(b)     on satisfaction of an external confiscation order made in the proceedings, whether by the recovery of all property liable to be recovered or the payment of any amount due.

(5)     For the purposes of this Law, an external confiscation order is satisfied when no property remains liable to be recovered, or no amount is due, under that order.

(6)     For the purposes of this Law, an external confiscation order is subject to appeal until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.

2        Meanings of expressions relating to realisable property

(1)     In this Law, ‘realisable property’ means –

(a)     in relation to an external confiscation order in respect of specified property, the property that is specified in the order;

(b)     in any other case –

(i)      any property held by the defendant,

(ii)      any property held by a person to whom the defendant has directly or indirectly made a gift caught by this Law, and

(iii)     any property to which the defendant is beneficially entitled.

(2)     However, property is not realisable property if –

(a)     a confiscation order;

(b)     an order under Article 9 of the Proceeds of Crime (Cash Seizure) (Jersey) Law 2008[59];

(c)     an order under Article 29 of the Misuse of Drugs (Jersey) Law 1978[60]; or

(d)     an order under Article 27 of the Terrorism (Jersey) Law 2002[61],

is in force in respect of the property.

(3)     *                       *                         *                         *                        *

(4)     Subject to the following provisions of this Article, for the purposes of this Law the value of property (other than cash) in relation to any person holding the property means the market value of the property.

(5)     References in this Law to the value at any time (referred to in paragraph (6) as the ‘material time’) of any property obtained by a person as a result of or in connection with an offence are references to –

(a)     the value of the property to the person when the person obtained it, adjusted to take account of subsequent changes in the value of money; or

(b)     where paragraph (6) applies, the value there mentioned,

whichever is greater.

(6)     If at the material time the person holds –

(a)     the property that the person obtained (not being cash); or

(b)     property that, in whole or in part, directly or indirectly represents in his or her hands the property that the person obtained,

the value referred to in paragraph (5)(b) is the value to the person at the material time of the property mentioned in sub-paragraph (a) or (as the case may be) in sub-paragraph (b) so far as it represents the property that the person obtained.

(7)     Subject to paragraph (10), references in this Law to the value at any time (referred to in paragraph (8) as the ‘material time’) of a gift caught by this Law are references to –

(a)     the value of the gift to the recipient when he or she received it, adjusted to take account of subsequent changes in the value of money; or

(b)     property that, in whole or in part, directly or indirectly represents the property that he or she received,

whichever is greater.

(8)     Subject to paragraph (10), if at the material time the person holds –

(a)     the property that the person received (not being cash); or

(b)     property that, in whole or in part, directly or indirectly represents in his or her hands the property that the person received,

the value referred to in paragraph (7)(b) is the value to the person at the material time of the property mentioned in sub-paragraph (a) or (as the case may be) in sub-paragraph (b) so far as it represents the property that the person received.

(9)     A gift (including a gift made before the commencement of the Enforcement Regulations) is caught by this Law if –

(a)     it was made by the defendant at any time after the conduct to which the external confiscation order relates; and

(b)     the Court considers it appropriate in all the circumstances to take the gift into account.

(10)    For the purposes of this Law –

(a)     the circumstances in which the defendant is to be treated as making a gift include those where the defendant transfers property to another person directly or indirectly for a value that is significantly less than the value provided by the defendant; and

(b)     in those circumstances, the preceding provisions of this Article shall apply as if the defendant had made a gift of such share in the property as bears to the whole property the same proportion as the difference between the values referred to in sub-paragraph (a) bears to the value provided by the defendant.

(11)    *                       *                         *                         *                        *

PART 2

EXTERNAL CONFISCATION ORDERS

3        *                    *                     *                    *                     *                     *

4        *                    *                     *                    *                     *                     *

5        *                    *                     *                    *                     *                     *

6        *                    *                     *                    *                     *                     *

7        *                    *                     *                    *                     *                     *

8        *                    *                     *                    *                     *                     *

9        *                    *                     *                    *                     *                     *

10      *                    *                     *                    *                     *                     *

11      *                    *                     *                    *                     *                     *

12      *                    *                     *                    *                     *                     *

13      *                    *                     *                    *                     *                     *

14      *                    *                     *                    *                     *                     *

15      Cases in which saisies judiciaires may be made

(1)     The powers conferred on the Court by Article 16 are exercisable where –

(a)     proceedings have been instituted in a country or territory outside Jersey and have not been concluded, and –

(i)      an external confiscation order has been made in the proceedings, or

(ii)      it appears to the Court that there are reasonable grounds for believing that such an order will be made in the proceedings;

or

(b)     it appears to the Court that proceedings are to be instituted against the defendant in a country or territory outside Jersey, and that there are reasonable grounds for believing that an external confiscation order will be made in those proceedings.

(2)     Where the Court has made an order under Article 16 by virtue of paragraph (1)(b), the Court shall discharge the Order if proceedings have not been instituted within such time as the Court considers reasonable.

16      Saisies judiciaires

(1)     The Court may, subject to such conditions and exceptions as may be specified in it, make an order (in this Part referred to as a saisie judiciaire) on an application made by or on behalf of the Attorney General on behalf of the government of a country or territory outside Jersey.

(2)     An application for a saisie judiciaire may be made ex parte to the Bailiff in chambers.

(3)     A saisie judiciaire shall provide for notice to be given to any person affected by the order.

(4)     Subject to paragraph (5), on the making of a saisie judiciaire –

(a)     all the realisable property held by the defendant in Jersey shall vest in the Viscount;

(b)     any specified person may be prohibited from dealing with any realisable property held by that person whether the property is described in the order or not;

(c)     any specified person may be prohibited from dealing with any realisable property transferred to the person after the making of the order,

and the Viscount shall have the duty to take possession of and, in accordance with the Court’s directions, to manage or otherwise deal with any such realisable property; and any specified person having possession of any realisable property may be required to give possession of it to the Viscount.

(5)     Any property vesting in the Viscount pursuant to paragraph (4)(a) shall so vest subject to all hypothecs and security interests with which such property was burdened prior to the vesting.

(6)     A saisie judiciaire –

(a)     may be discharged or varied in relation to any property; and

(b)     shall be discharged when the proceedings in relation to which it was made are concluded.

(7)     An application for the discharge or variation of a saisie judiciaire may be made to the Bailiff in chambers by any person affected by it and the Bailiff may rule upon the application or may, at the Bailiff’s discretion, refer it to the Court for adjudication.

(8)     Where it appears to the Court that any order made by it under this Article may affect immovable property situate in Jersey, it shall order the registration of the order in the Public Registry.

(9)     For the purposes of this Article, dealing with property held by any person includes (without prejudice to the generality of the expression) –

(a)     where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and

(b)     removing the property from Jersey.

(10)    Where the Court has made a saisie judiciaire a police officer may, for the purpose of preventing the removal of any realisable property from Jersey, seize the property.

(11)    Property seized under paragraph (10) shall be dealt with in accordance with the Court’s directions.

17      Realisation of property

(1)     Where –

(a)     an external confiscation order has been registered under Article 39; and

(b)     the Court has made a saisie judiciaire,

the Court may, on an application made by or on behalf of the Attorney General, empower the Viscount to realise, in such manner as it may direct, any realisable property vested in the Viscount or in the Viscount’s possession pursuant to a saisie judiciaire under Article 16.

(2)     The Court shall not in respect of any property exercise its power under paragraph (1) unless a reasonable opportunity has been given for persons holding any interest in the property to make representations to the Court.

18      *                    *                     *                    *                     *                     *

19      *                    *                     *                    *                     *                     *

20      Application of proceeds of realisation and other sums

(1)     The following sums in the hands of the Viscount, that is to say –

(a)     money that has vested in the Viscount or come into the Viscount’s possession pursuant to Article 16; and

(b)     the proceeds of the realisation of any property under Article 17,

shall, after such payments (if any) as the Court may direct have been made out of those sums and then after payment of the Viscount’s fees and expenses, be applied on the defendant’s behalf towards the satisfaction of the external confiscation order.

(2)     The amount applied by the Viscount towards the satisfaction of the external confiscation order shall be paid in to the Criminal Offences Confiscations Fund.

(3)     If, after payment of the Viscount’s fees and expenses and of the amount payable under the external confiscation order, any sums remain in the hands of the Viscount, the Viscount shall distribute those sums –

(a)     among such of those persons who held the property that has been realised under this Part; and

(b)     in such proportions,

as the Court may direct after giving them a reasonable opportunity to make representations to the Court.

21      *                   *                    *                   *                    *                     *

22      Bankruptcy of defendant

(1)     Where a person who holds realisable property becomes bankrupt –

(a)     no property for the time being subject to a saisie judiciaire made before the order judging the person bankrupt; and

(b)     no proceeds of property realised by virtue of Article 16(4) or 17 for the time being in the hands of the Viscount,

shall form part of the person’s estate for the relevant bankruptcy proceedings.

(2)     Where a person has become bankrupt, the powers conferred on the Court by Articles 16, 17 and 20 or on the Viscount shall not be exercised in relation to –

(a)     property which the bankrupt has placed under the control of the Court (a remis entre les mains de la Justice);

(b)     property which has been declared en désastre;

(c)     property of which the bankrupt has made a general cession (a fait cession générale);

(d)     property which has been adjudged renounced (adjugé renoncé).

(3)     Paragraph (2) does not affect the enforcement of a saisie judiciaire –

(a)     made before the person becomes bankrupt; or

(b)     on property that was subject to a saisie judiciaire made when the person became bankrupt.

23      Limitation of liability of Viscount

Where the Viscount –

(a)     takes any action in relation to property that is not realisable property, being action that the Viscount would be entitled to take if it were such property; and

(b)     believes and has reasonable grounds for believing that the Viscount is entitled to take that action in relation to that property,

the Viscount shall not be liable to any person in respect of any loss of damage resulting from the Viscount’s action, except in so far as the loss of damage is caused by the Viscount’s negligence.

24      Criminal Offences Confiscations Fund

(1)     There shall be established a Fund to be called the Criminal Offences Confiscations Fund which, subject to this Article, shall be managed and controlled by the Minister.

(2)     All amounts –

(a)     recovered under or in satisfaction of an external confiscation order; or

(b)     received under an asset sharing agreement,

shall be included in the monies which are paid into the Fund.

(3)     Monies paid into the Fund shall not form part of the annual income of the States.

(3A)   The Fund shall be a special fund for the purposes of the Public Finances (Jersey) Law 2005[62].

(4)     Subject to paragraph (5), monies in the Fund shall be applied by the Minister for the following purposes, that is to say –

(a)     in promoting or supporting measures that, in the opinion of the Minister, may assist –

(i)      in preventing, suppressing or otherwise dealing with criminal conduct,

(ii)      in dealing with the consequences of criminal conduct,

(iii)     without prejudice to the generality of clauses (i) and (ii), in facilitating the enforcement of any enactment dealing with criminal conduct;

(b)     discharging Jersey’s obligations under asset sharing agreements; and

(c)     meeting the expenses incurred by the Minister in administering the Fund.

(4A)   Without prejudice to the generality of paragraph (4), and following consultation with the Attorney General, the States may by Regulations provide that such particular monies or particular class of monies in the Fund as shall be specified in the Regulations shall be applied only for such purpose as shall similarly be specified.

(5)     Before promoting or supporting any measure under paragraph (4)(a), the Minister shall consult the Attorney General and other persons or bodies (including other Ministers) as the Minister considers appropriate.

(6)     Monies paid in to the Fund, while not applied for any of the purposes of paragraph (4), must be –

(a)     held in the custody of the Treasurer of the States at the States Treasury; or

(b)     placed, in the name of the States, in a current or deposit account with one or more banks selected by the Minister,

and any interest earned on such monies while held in such an account shall be paid by the States into the Fund.

(7)     Monies held in any account by virtue of paragraph (6)(b) may be withdrawn on the signature of the Treasurer of the States.

(8)     In this Article –

‘asset sharing agreement’ means any agreement or arrangement made by or on behalf of Jersey with a country or territory outside Jersey for the sharing of the proceeds of criminal conduct that, as a result of mutual assistance, have been confiscated or forfeited either in Jersey or elsewhere;

‘criminal conduct’ has the meaning given by Article 1(1) of this Law, disregarding any modification to that definition made by the Enforcement Regulations.

25      *                        *                         *                         *                         *

26      *                        *                         *                         *                         *

27      *                        *                         *                         *                         *

28      *                        *                         *                         *                         *

28A   *                        *                         *                         *                         *

PART 3

*                        *                         *                         *                         *

PART 4

REGISTRATION OF EXTERNAL CONFISCATION ORDERS

38      *                        *                         *                         *                         *

39      Registration of external confiscation orders

(1)     On the application of the Attorney General, the Court may register an external confiscation order if –

(a)     the Court is satisfied that at the time of registration the order is in force and is not subject to appeal;

(b)     it is satisfied, where the person against whom the order is made did not appear in the proceedings, that the person received notice of the proceedings in sufficient time to enable the person to defend them; and

(c)     it is of the opinion that enforcing the order in Jersey would not be contrary to the interests of justice.

(2)     In paragraph (1), ‘appeal’ includes –

(a)     any proceedings by way of discharging or setting aside a judgment; and

(b)     an application for a new trial or a stay of execution.

(3)     The Court shall cancel the registration of an external confiscation order if it appears to the Court that the order has been satisfied by the payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or by any other means.

PART 5

MISCELLANEOUS

40      *                        *                         *                         *                         *

41      *                        *                         *                         *                         *

42      *                        *                         *                         *                         *

43      *                        *                         *                         *                         *

44      Rules of Court

The power of the Superior Number of the Royal Court to make Rules of Court under the Royal Court (Jersey) Law 1948[63] includes a power to make Rules for the purposes of this Law.

45      Citation

This Law may be cited as the Proceeds of Crime (Jersey) Law 1999, as modified by the Proceeds of Crime (Enforcement of Confiscation Orders) (Jersey) Regulations 2008[64].

SCHEDULE 1

(Article 1(1))

OFFENCES RELEVANT TO CRIMINAL CONDUCT

Any offence in Jersey for which a person is liable on conviction to imprisonment for a term of one or more years (whether or not the person is also liable to any other penalty).

SCHEDULE 2

*                  *                 *                  *                 *                 *                *

SCHEDULE 3

*                  *                *                  *                 *                 *                *”.

“ ‘money laundering’ means –

(a)     conduct which is an offence under any provision of Articles 30 and 31 of this Law or of Articles 15 and 16 of the Terrorism (Jersey) Law 2002[66]; or

(b)     conduct outside Jersey which, if occurring in Jersey, would be an offence specified in sub-paragraph (a).”;

“(xiii)  an offence mentioned in the definition ‘drug trafficking’ in Article 1(1) of the Misuse of Drugs (Jersey) Law 1978[68];”.