Criminal Justice
(International
Co-operation) (Amendment No. 2)
(Jersey) Law 2012
A LAW to amend further the Criminal
Justice (International Co-operation) (Jersey) Law 2001.
Adopted by the
States 17th January 2012
Sanctioned by
Order of Her Majesty in Council 30th May 2012
Registered by the
Royal Court 15th
June 2012
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law “principal Law” means the Criminal Justice (International
Co-operation) (Jersey) Law 2001[1].
2 Article
1 amended
In Article 1 of the principal Law before the definition of
“document” there shall be inserted the following definitions –
3 Article
3 amended
In Article 3(1) of the
principal Law after the words “Process of” there shall be inserted
the words “any of”.
4 Article
6 amended
After Article 6(5) of
the principal Law there shall be inserted the following paragraphs –
“(6) In
relation to conduct referred to in paragraph (1)(b) that would have concerned
or related to an assigned matter if the conduct had occurred in Jersey –
(a) a
customs officer may be authorized by a warrant under paragraph (1) and shall
have the same powers as a police officer under this Article; and
(b) the
references in paragraphs (1), (3) and (4) to a police officer shall
include references to a customs officer.
(7) In
the case of conduct described in paragraph (6) –
(a) a
customs officer may execute a warrant issued under paragraph (1), whether
the warrant authorizes a customs officer or a police officer, and a police
officer may execute a warrant issued under paragraph (1), whether the warrant
authorizes a police officer or a customs officer; and
(b) where
a customs officer exercises the power of search pursuant to a warrant issued
under paragraph (1), the customs officer shall have the same powers under
this Article to seize evidence as a police officer notwithstanding that the evidence
found is not in fact evidence of conduct described in paragraph (6).
(8) Nothing
in this Article shall be construed as preventing anything lawfully seized by a
person under any enactment from being accepted and retained by a customs
officer if the thing relates to conduct described in paragraph (6).”.
5 Citation
and commencement
(1) This
Law may be cited as the Criminal Justice (International
Co-operation) (Amendment No. 2) (Jersey) Law 2012.
(2) This
Law shall come into force on the 7th day after it is registered.
a.h. harris
Deputy Greffier of the States