Forfeiture of
Assets (Civil Proceedings) (Jersey) Law 2018
A LAW to provide for the seizure and
forfeiture, by way of civil proceedings, of cash and other assets suspected to
be property originating, or intended to be used, in unlawful conduct; to confer
powers to investigate into the nature, ownership, extent and whereabouts of
such property, including powers to search, to require information, and to
monitor bank accounts; to create offences of obstruction of, and interference
with, such investigations; to compensate owners of property wrongly seized or
forfeited; and for connected purposes
Adopted by the
States 10th April 2018
Sanctioned by
Order of Her Majesty in Council 11th July 2018
Registered by the
Royal Court 20th
July 2018
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
PART 1
interpretation
1 Interpretation:
general
(1) In
this Law, unless otherwise provided or required by the context –
“account monitoring order”
means an order under Article 23;
“authorized officer”
means any police officer, customs officer, immigration officer, and any other
officer of the Financial Intelligence Unit designated under Regulation 2
of the Proceeds of Crime (Financial Intelligence) (Jersey) Regulations 2015[1];
“bank” means any person
or entity carrying on a deposit-taking business as defined in Article 3 of
the Banking Business (Jersey) Law 1991[2], except –
(a) the
States;
(b) the
central bank of a Member State of the European Union;
(c) the
National Savings Bank of the United Kingdom; or
(d) subject
to such conditions or restrictions as may be prescribed, any other prescribed
person or entity;
“cash” has the
meaning given by paragraph (2);
“cash detention order”
means an order under Article 7;
“civil forfeiture investigation”
has the meaning given by Article 18;
“confiscation order”
has the meaning given by Article 1 of the Proceeds of Crime (Jersey) Law 1999[3];
“Court” means the
Royal Court;
“customs officer”
means the Agent of the Impôts and any other officer appointed pursuant to
Article 4 of the Customs and Excise (Jersey) Law 1999[4];
“customer information”
has the meaning given by Article 21;
“customer information order”
means an order under Article 22;
“disclosure order”
means an order under Article 24;
“forfeiture order”
means an order for the forfeiture of tainted property made under either Article 11
or 15, as the case may be;
“immigration officer”
means a person appointed as an immigration officer under paragraph 1 of Schedule 2
to the Immigration Act 1971 of the United Kingdom, as extended to Jersey
by the Immigration (Jersey) Order 1993[5] as amended by the Immigration
(Jersey) (Amendment) Order 2017[6];
“material” includes,
but is not limited to, the property which is the subject of a civil forfeiture
investigation;
“Minister” means the
Chief Minister;
“police officer”
means a member of the States of Jersey Police Force;
“prescribed” means
prescribed by Order of the Minister;
“property” means movable
property situated in Jersey, whether vested or contingent, and including –
(a) any
legal document or instrument evidencing title to or interest in such property;
and
(b) any
interest in or power in respect of such property, including a right to
possession,
and for the avoidance of doubt, except where the context does not
permit or where otherwise specified, a reference to property includes reference
to cash;
“property restraint order”
means an order under Article 12;
“tainted cash” means
tainted property in the form of cash;
“tainted property”
has the meaning given by Article 2;
“unlawful conduct”
means conduct –
(a) constituting
an offence against a law of Jersey; or
(b) which,
if it occurs or has occurred outside Jersey, would have constituted such an
offence if occurring in Jersey;
“vehicle” includes a
vessel, aircraft or hovercraft.
(2) In
this Law, “cash” means –
(a) currency
(that is, banknotes and coins in circulation, whether in Jersey or elsewhere,
as a medium of exchange);
(b) bearer-negotiable
instruments including monetary instruments in bearer form (such as travellers
cheques);
(c) negotiable
instruments (including cheques, promissory notes and money orders) which are –
(i) in bearer form,
(ii) endorsed without
restriction,
(iii) made out to a
fictitious payee, or
(iv) otherwise in such form
that title to them passes upon delivery;
(d) incomplete
instruments (that is, signed instruments including cheques, promissory notes
and money orders, with the payee’s name omitted);
(e) forged
or counterfeit versions of any of the items listed in sub-paragraphs (a)
to (d); and
(f) such
other types of monetary instruments as may be prescribed for the purposes of
this definition.
(3) In
the calculation of any period for the purposes of this Law, if any part of the
period includes part or all of a day which is –
(a) a
Saturday or a Sunday;
(b) Christmas
Day or Good Friday; or
(c) a
bank holiday under the Public Holidays and Bank Holidays (Jersey) Law 1951[7],
the period shall be calculated without taking into account that day
or part of a day.
(4) The
States may by Regulations amend any provision of this Part.
2 Meaning
of “tainted property”
(1) For
the purposes of this Law, “tainted property” means property (as
further defined by paragraphs (2) to (7)) which is or, by the Attorney
General or any officer on whom powers are conferred by this Law, is reasonably
suspected to be or have been –
(a) used
in, or intended to be used in, unlawful conduct; or
(b) obtained
in the course of, from the proceeds of, or in connection with, unlawful
conduct.
(2) Property
remains tainted property in the hands of a person to whom it is disposed, if
the person disposing of it is –
(a) a
person who –
(i) used the property
in, or intended it to be used in, unlawful conduct, or
(ii) obtained the
property in the course of, from the proceeds of, or in connection with,
unlawful conduct; or
(b) a
person to whom the tainted property was disposed, by a person to whom sub-paragraph (a)
or this sub-paragraph applies.
(3) If
a person enters into a transaction by which the person –
(a) disposes
of tainted property; and
(b) obtains
other property in place of the tainted property,
the other property so obtained is tainted property, whether or not
any of paragraphs (4) to (6) of Article 3 apply in respect of the
transaction or the property disposed of.
(4) If
a person’s tainted property is mixed with other property (whether his or
her property or another’s), the portion of the mixed property which is
attributable to the tainted property is tainted property.
(5) Without
limiting the generality of the expression “mixed with other
property”, for the purposes of paragraph (4), tainted property is
mixed with other property if it is used –
(a) to
increase funds held in a bank account;
(b) in
part payment for the acquisition of an asset;
(c) for
the restoration or improvement of land; or
(d) for
the purpose of merging or extinguishing interests in land.
(6) If
a person who has tainted property obtains further property consisting of
profits accruing in respect of the tainted property, the further property is
tainted property.
(7) If
a person grants an interest in his or her tainted property, the question of
whether the interest is also tainted property is to be determined in the same
manner as any other disposal of tainted property and accordingly upon the grant
of the interest –
(a) if
the property in which the interest is granted is tainted property, the interest
is also to be treated as tainted property;
(b) if
the property in which the interest is granted is tainted property if held by
the person granting it, the interest is also to be treated as tainted property
if held by him or her.
3 Property
ceasing to be tainted property
(1) Property
ceases to be tainted property in any of the ways described in paragraphs (2)
to (6).
(2) Property
forfeited under this or any other Law shall cease to be tainted property.
(3) Property
disposed of pursuant to an enactment shall cease to be tainted property if –
(a) the
enactment is one which is prescribed for the purposes of this paragraph; and
(b) the
property is of a class which is so prescribed.
(4) If –
(a) a
person disposes of tainted property; and
(b) another
person, who obtains the property on the disposal, does so –
(i) in good faith,
(ii) for value, and
(iii) without notice that it
is tainted property,
the property shall cease to be tainted property.
(5) If –
(a) pursuant
to a judgment in civil proceedings (whether in Jersey or elsewhere) –
(i) the respondent or
defendant makes a payment to the claimant or plaintiff, or
(ii) the claimant or
plaintiff otherwise obtains property from the respondent or defendant;
(b) the
claim in the proceedings arose from the respondent or defendant’s
unlawful conduct; and
(c) apart
from this paragraph, the property received by the claimant or plaintiff would
be tainted property,
the property shall cease to be tainted property.
(6) If –
(a) a
payment is made to a person pursuant to a compensation order under Article 2
of the Criminal Justice (Compensation Orders) (Jersey) Law 1994[8] or any like order made under
another enactment; and
(b) apart
from this paragraph, the property received by way of such payment would be
tainted property,
the property shall cease to be tainted property.
PART 2
CASH SEIZURE
4 Searches
for cash
(1) An
authorized officer –
(a) who
is lawfully on any premises; and
(b) who
has reasonable grounds for suspecting that there is, on the premises, cash that
is tainted cash,
may search the premises for cash and may, for the purposes of such a
search, break open and search any item of furniture, safe or other container
found on the premises.
(2) An
authorized officer who has reasonable grounds for suspecting that a person is
carrying tainted cash (including carrying it in any vehicle) may require the
person, or a person who is in the company of the person, to do all or any of
the following –
(a) bring
to a stop a vehicle that the person is driving and permit the officer to search
the vehicle and any article in the vehicle;
(b) permit
the officer to search a vehicle in which the person is or has been situated and
to search any article in the vehicle;
(c) permit
a search by the officer of any article of which the person has possession;
(d) permit
the officer to break open any container;
(e) remove
his or her clothing or headgear so as to enable a search of the person to be
conducted;
(f) permit
an authorized officer of the same sex as the person to search the person,
and to remain in the officer’s detention for as long as is
necessary to complete any search under this paragraph.
(3) The
powers conferred by this Article –
(a) are
in addition to any similar power otherwise conferred by this Law or any other
enactment; and
(b) are
exercisable only so far as is reasonably required for the purpose of finding
tainted cash.
5 Seizure
of cash
(1) An
authorized officer may seize any cash if he or she has reasonable grounds for
suspecting that it is tainted cash.
(2) An
authorized officer may also seize cash, part of which he or she has reasonable
grounds for suspecting to be tainted cash, if it is not reasonable to seize
only that part.
(3) If
an authorized officer seizes cash under this Article, he or she must provide to
any person –
(a) who
appears to have had possession of the cash immediately before it was seized; or
(b) on
whose premises the seized cash was found,
a receipt specifying the amount, currency and denomination of the
cash.
6 Initial
detention of seized cash for 96 hours
Cash seized under this Law may be detained for an initial period of
up to 96 hours, if the authorized officer continues during that period to
have reasonable grounds for his or her suspicion that part or all of the cash
is tainted cash.
7 Orders
authorizing detention of cash for longer than 96 hours
(1) An
application may be made to the Bailiff by –
(a) the
Attorney General; or
(b) an
authorized officer, with the consent of the Attorney General,
for an order (a “cash detention order”) to be made under
this Article, authorizing the detention of cash seized under this Part.
(2) An
application under paragraph (1) must be made before the expiry of the
existing authority for detention of the cash to which the application relates,
whether such authority is given by Article 6 or by a previous cash
detention order.
(3) More
than one application may be made under paragraph (1) in relation to cash
seized under this Law.
(4) The
Bailiff may not make a cash detention order unless he or she is satisfied –
(a) that
there are reasonable grounds for suspecting that the cash to which the
application relates is tainted cash; and
(b) that
the continued detention of the cash is justified while –
(i) its origin or
derivation is further investigated, or
(ii) consideration is
given to bringing (in Jersey or elsewhere) proceedings against any person for
unlawful conduct by reason of which the cash is alleged to be tainted cash.
(5) A
cash detention order shall provide for notice to be given to all persons
affected by it.
(6) The
Bailiff may cancel a cash detention order if it appears to the Bailiff (whether
of the Bailiff’s own motion, or on an application made by a person to
whom notice was given under paragraph (5)) that any proposed proceedings
to which the order relates have not been instituted within the time which the
Bailiff considers reasonable.
8 Treatment
of detained cash
(1) Subject
to paragraph (3), cash detained under the authority of a cash detention
order for more than 96 hours shall be paid into and held in an
interest-bearing bank account.
(2) Any
interest accruing to the bank account in respect of detained cash shall be
added to the amount of the cash on its forfeiture under Article 15 or its release
under Article 9.
(3) Paragraph (1)
does not apply if and for so long as the cash –
(a) is
required as evidence of an offence or evidence in proceedings under this Law, the
Proceeds of Crime (Jersey) Law 1999[9], or the Terrorism (Jersey)
Law 2002[10]; or
(b) is
being dealt with for the purposes of being forensically examined.
(4) On
paying in to the account any cash which was seized under Article 5(2), the
authorized officer must release so much of the cash as is not subject to the
cash detention order.
9 Release
of detained cash
(1) This
Article applies while any cash is detained under Article 6 or 7.
(2) Subject
to paragraph (6), the cash may be released –
(a) by
order of the Bailiff –
(i) pursuant to cancellation
of a cash detention order under Article 7(6), or
(ii) under paragraph (4);
(b) by
an authorized officer, under Article 8(4); or
(c) under
the authority of the Attorney General, pursuant to paragraph (5).
(3) A
person from whom, or from whose premises, cash has been seized and detained
under this Law may apply to the Bailiff for an order to release all or any part
of the cash.
(4) If,
on an application under paragraph (3), the Bailiff is satisfied that the
conditions in Article 7(4) are not, or are no longer, met in relation to
the cash to which the application relates, the Bailiff may order the release to
the applicant of the whole or any part of the cash, and such an order shall
provide for notice to be given to persons affected by it.
(5) The
Attorney General may authorize the release of the whole or any part of the cash
if satisfied that the detention of the cash is no longer justified.
(6) Cash
shall not be released –
(a) where
an application for a forfeiture order has been made in relation to the cash,
until any proceedings pursuant to the application (including any proceedings on
appeal) are concluded; or
(b) where
proceedings are started, in Jersey or elsewhere, against any person for
unlawful conduct by reason of which the cash is alleged to be tainted cash,
until those proceedings are concluded.
(7) For
the purposes of paragraph (6)(b), proceedings against any person for an
offence are concluded when –
(a) the
prosecution is discontinued;
(b) the
jury, if any, is discharged without a finding and no further jury is empanelled;
(c) the
person is acquitted of the offence;
(d) following
the person’s conviction, the time within which an application for leave
to appeal, or an appeal, against the conviction expires (disregarding any power
to grant an application after that time has expired); or
(e) following
the person’s conviction, his or her application for leave to appeal, or
appeal, against the conviction is either withdrawn or determined by a court
from which there lies no further right of appeal.
PART 3
FORFEITURE OF TAINTED PROPERTY
10 Notice
to be given of summary procedure
(1) Where
the conditions in paragraph (2) are fulfilled, a notice may be served in
accordance with paragraph (4) by the Attorney General upon the holder of
an account held at a bank in Jersey.
(2) The
conditions mentioned in paragraph (1) are that –
(a) the
Attorney General has reasonable grounds to believe that property held in the
bank account is tainted property;
(b) in
relation to the bank account or any property in the bank account, a consent
request has been made to an authorized officer;
(c) an
authorized officer refused the consent requested; and
(d) notification
of the refusal was given to the person making the request at least 12 months
before the date on which the notice is to be served.
(3) For
the purposes of paragraph (2)(b), a “consent request” means a
request –
(a) under
Article 32 of the Proceeds of Crime (Jersey) Law 1999, for consent to
do any act or to deal with property held in the bank account in any way which
would, apart from paragraph (3) of that Article, amount to the commission
of an offence under Article 30 or 31 of that Law; or
(b) under
Article 18 of the Terrorism (Jersey) Law 2002, for consent to do
anything which would, apart from paragraph (1) of that Article, amount to
the commission of an offence under Article 15 or 16 of that Law,
made by a person making a disclosure in accordance with either of
those Articles.
(4) A
notice under this Article shall be a notice by way of representation and shall –
(a) state
the name of the holder of the bank account to whom it is addressed;
(b) specify
the details of the bank account and of the property or part of the property in
the bank account which in the opinion of the Attorney General is tainted
property;
(c) state
a date on which, and a place and time at which, the holder of the bank account is
required to attend a hearing of the Court to show cause why the property so
specified is not tainted property and should not be forfeited; and
(d) be
served on –
(i) the holder of the
bank account, and
(ii) the bank at which
the account in question is held,
and if an address for service on the holder of the bank account is
not known, service on the bank only shall be taken as sufficient for the
purposes of this paragraph.
11 Forfeiture
of tainted property: summary procedure
(1) If
the person on whom a notice under Article 10(4)(d)(i) is served (the
“respondent”) fails to attend the hearing as required by the
notice, the Attorney General may apply forthwith for a forfeiture order, and
the Court may make such an order, without further notice to the respondent.
(2) If
the respondent appears (whether in person or by a legal representative) at the
hearing, the respondent may –
(a) at
the hearing, satisfy the Court that the property is not tainted property; or
(b) request
that the question of whether or not the property is tainted property be
determined at such later date as the Court may order.
(3) If
the respondent makes a request under paragraph (2)(b), the respondent must
provide an affidavit in answer to the notice within the period of 21 days
beginning with the date on which the matter is placed on the list, satisfying
the Court that the property is not tainted property.
(4) Unless
the respondent satisfies the Court that the property is not tainted property,
the Court shall, upon the application of the Attorney General, make a
forfeiture order in relation to the property specified in the notice or any
part of it.
(5) Property
which is forfeited pursuant to a forfeiture order under this Article shall be
paid into the Criminal Offences Confiscations Fund established under Article 24
of the Proceeds of Crime (Jersey) Law 1999.
12 Property
restraint orders
(1) Where,
in any case other than one to which Article 10 applies, the Attorney
General has reasonable grounds to believe that property held in any bank
account is tainted property, the Attorney General may apply for an order under
this Article (a “property restraint order”) prohibiting the
withdrawal, transfer or payment out of the bank account of the property, or
part of the property, as specified in the application.
(2) An
application under paragraph (1) shall be made ex
parte to the Bailiff in Chambers.
(3) Pursuant
to an application under paragraph (1), and subject to Article 17, the
Bailiff may make a property restraint order in relation to any property specified
in the order if the Bailiff is satisfied that there are reasonable grounds to
believe that the property in question is tainted property, and that either –
(a) the
making of such an order is justified in all the circumstances and for a reasonable
period whilst –
(i) the origin or
derivation of the property is further investigated, or
(ii) consideration is
given to bringing proceedings in Jersey in respect of the property; or
(b) such
proceedings have been commenced but not concluded.
(4) In
making a property restraint order the Bailiff may make such further provision
and give all such directions as the Bailiff considers reasonable, including
(but not limited to) –
(a) directions
relating to the management of or dealing with the property;
(b) provision
as to the duration of the prohibition to be placed on the property by the order;
(c) directions
as to service on, or the provision of notice to, persons affected by it; and
(d) directions
prohibiting any specified person from dealing with any property –
(i) held by that
person, whether such property is specified in the order or not, or
(ii) transferred to
that person after the making of the order.
(5) A
property restraint order shall –
(a) state
the name of the holder of the bank account in relation to which it is made;
(b) specify
the details of the bank account and of the property or part of the property in
respect of which it is made;
(c) specify
the date on which that property shall vest in the Viscount under Article 13;
and
(d) specify
any conditions upon which it is made and any directions given under paragraph (4).
13 Effect
of property restraint order
(1) Property
which is specified in a property restraint order shall vest in the Viscount –
(a) from
the date specified in the order; and
(b) in
accordance with paragraph (3),
and the Viscount shall take possession of and, in accordance with
any directions given by the Court, manage or otherwise deal with that property.
(2) The
bank holding the account in question, or any other person specified in a
property restraint order as having possession of the specified property, may be
required by the order to give possession of the specified property to the
Viscount.
(3) Property
vesting in the Viscount under this Article shall, to the extent that it is
subject to any security interest, or to any right of set-off enjoyed by the
bank, continue to be so subject unless the Bailiff, being satisfied that –
(a) such
an interest or right was not obtained, given or created in good faith; or
(b) for
any other reason, it is appropriate in the interests of justice so to order,
orders otherwise.
(4) Any
interest accruing to a bank account in respect of property which is specified
in a property restraint order shall also be subject to the order, and shall be
added to the property upon forfeiture or release.
(5) The
Viscount shall be entitled to be remunerated, out of property vesting in him or
her, for such fees and expenses as he or she may reasonably incur in the
management of, or in otherwise dealing with, such property.
14 Discharge
of property restraint order
(1) A
property restraint order in respect of any property shall be discharged upon
the making of a forfeiture order in respect of the same property.
(2) An
application for the discharge or variation of a property restraint order may be
made to the Bailiff in Chambers by any person affected by the order and the
Bailiff may rule upon the application in accordance with paragraph (3) or,
at the Bailiff’s discretion, refer it to the Court for adjudication.
(3) The
Bailiff may not order the discharge of a property restraint order unless the
Bailiff or, following a reference under paragraph (2), the Court is
satisfied that the reasons for which the property restraint order was made
under Article 12(3) no longer apply.
(4) The
Bailiff or, as the case may be, the Court may order the release of so much of
the property in question as it considers appropriate to enable the applicant to
meet legal expenses in connection with the application for variation or
discharge.
(5) An
order for discharge or variation of a property restraint order may be made
subject to such terms or upon such conditions as the Bailiff or, as the case
may be, the Court may think fit.
(6) Notice
of an application under this Article shall be given to the Attorney General and
to all other persons affected by the property restraint order.
15 Forfeiture
of tainted property: general procedure
(1) The
Attorney General may apply to the Court for a forfeiture order to be made under
paragraph (3) in relation to the whole or any part of property which is
subject to a cash detention order or a property restraint order.
(2) Upon
making an application under paragraph (1), the Attorney General shall give
notice of the application to all persons to whom notice of the cash detention
order or the property restraint order, as the case may be, was given.
(3) Unless
the Court is satisfied, by the person against whom such an order is proposed to
be made, that the property in question is not tainted property, the Court shall
make an order for the forfeiture of the property.
(4) The
Court may order the release of so much of the property in question as it
considers appropriate to enable the person against whom such an order is
proposed to be made to meet legal expenses in connection with the application
under paragraph (1).
(5) A
forfeiture order may be made subject to any security interest or to any right
of set-off enjoyed by the bank in the property, unless the Court is satisfied
that such an interest or right was not obtained, given or created in good faith.
(6) A
forfeiture order may be made whether or not proceedings are or are to be brought
against any person for an offence with which the property in question is
connected.
(7) Cash
or other movable property which is forfeited pursuant to a forfeiture order
under this Article shall be paid into the Criminal Offences Confiscations Fund
established under Article 24 of the Proceeds of Crime (Jersey) Law 1999.
16 Appeals
against forfeiture orders
(1) Any
party (other than the Attorney General) to proceedings in which a forfeiture
order is made (whether under Article 11 or Article 15) may appeal to
the Court of Appeal against the making of the order.
(2) On
an appeal under paragraph (1) the Court of Appeal may order the release of
so much of the property in question as it considers appropriate to enable the
appellant to meet legal expenses in connection with the appeal.
(3) Any
person who is not a party to proceedings described in paragraph (1), but
is affected by such proceedings, may appeal with the leave of the Court of
Appeal against the making of a forfeiture order.
(4) On
hearing an appeal under this Article the Court of Appeal may make such order and
give such directions as it considers appropriate.
17 Bankruptcy
(1) Where
a property restraint order specifies property of a person who is adjudged
bankrupt by an order made after the property restraint order, no property of
that person specified in the property restraint order or vested in the Viscount
under Article 13 shall form part of that person’s estate for the
relevant bankruptcy proceedings.
(2) The
powers conferred on the Bailiff under Article 12 shall not be exercised in
relation to –
(a) property
which a person who has become 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 a person who has become bankrupt has made a general cession (a fait cession générale); or
(d) property
which has been adjudged renounced (adjugé
renoncé).
(3) Paragraph (2)
does not affect the application of Articles 13 or 15 in relation to
property which was specified in a property restraint order made before the person
mentioned in paragraph (2)(a) or (c) became bankrupt.
part 4
investigative etc. powers
18 Civil
forfeiture investigations
(1) For
the purposes of this Law, a “civil forfeiture investigation” is an
investigation being conducted, in Jersey or elsewhere, into all or any of the
matters listed in paragraph (2), with a view or in relation to –
(a) proceedings
being brought under this Law in connection with any property which is or is
reasonably suspected of being tainted property;
(b) non-conviction
based proceedings being brought –
(i) under legislation
in force in any country or territory other than Jersey,
(ii) relating to the
forfeiture of property in Jersey,
(iii) by a court of that
other country or territory; or
(c) service
of a process or document under Article 2 of the Civil Asset Recovery
(International Co-operation) (Jersey) Law 2007[11], where a request for such
service has been received by the Attorney General as described in that Article.
(2) The
matters mentioned in paragraph (1) are –
(a) the
question of whether any property is tainted property;
(b) the
identity, or suspected unlawful conduct, of any person who holds property which
is suspected of being tainted property, or to whom such property belongs;
(c) the
extent or whereabouts of such property.
19 Production
orders
(1) The
Attorney General, or an authorized officer acting with the Attorney
General’s consent, may, for the purposes of a civil forfeiture
investigation, apply to the Bailiff for an order under this Article in relation
to material specified in the application.
(2) An
application under paragraph (1) must –
(a) be
made in writing;
(b) state
the grounds for believing that the material specified in the application is relevant
to a civil forfeiture investigation; and
(c) give
details of that investigation, having regard to Article 18, including details
of the property to which it relates.
(3) If,
on such an application, the Bailiff is satisfied that the conditions in paragraph (5)
are fulfilled, the Bailiff may make an order (a “production order”)
that the person who appears to be in possession of the material specified in
the application shall –
(a) produce
the material to an authorized officer for the officer to take away; or
(b) give
an authorized officer access to the material and, if so required by the officer,
permit him or her to make copies of it,
within such period as the order may specify.
(4) The
period to be specified in a production order shall be 7 days, unless it
appears to the Bailiff that a longer or shorter period would be appropriate in
the particular circumstances of the application.
(5) The
conditions to which paragraph (3) refers are –
(a) that
there are reasonable grounds for suspecting that the material specified in the
application is, forms part of, or relates to, tainted property;
(b) that
there are reasonable grounds for suspecting that the material so specified –
(i) is likely to be
of substantial value (whether by itself or together with other material) to the
civil forfeiture investigation in relation to which the application is made,
and
(ii) does not consist
of or include items subject to legal privilege or other excluded material; and
(c) that
there are reasonable grounds for believing that it is in the public interest
that the material should be produced or that access to it should be given,
having regard –
(i) to the benefit
likely to accrue to the investigation if the material is produced, and
(ii) to the
circumstances in which the person in possession of the material holds it.
(6) Where
by a production order an authorized officer is to be given access to material held
in any premises, the Bailiff may further, on the application of the Attorney
General or an authorized officer order any person who appears to the Bailiff to
be entitled to grant entry to those premises, to allow such an officer to enter
the premises and obtain access to the material.
(7) An
application under paragraph (1) or (6) may be made ex parte to the Bailiff in chambers.
(8) A
person who, without reasonable excuse, fails to comply with a production order
is guilty of an offence and liable to imprisonment for a term of 2 years
and to a fine.
(9) An
application for the discharge or variation of a production order may be made to
the Bailiff in chambers, and the Bailiff may rule upon the application or may,
at the Bailiff’s discretion, refer it to the Court for adjudication.
(10) Where
the material to which an application under paragraph (1) or (6) relates
consists of information contained in a computer –
(a) an
order under paragraph (3)(a) to produce material to an authorized officer
for the officer to take away shall have effect as an order to produce the
material in a form in which it can be taken away and in which it is visible and
legible; and
(b) an
order under paragraph (3)(b) giving an authorized officer access to
material shall have effect as an order to give access to the material in a form
in which it is visible and legible.
(11) A
production order –
(a) shall
not confer any right to production of, or access to, items subject to legal
privilege or other excluded material;
(b) shall
have effect notwithstanding any obligation as to secrecy or other restriction
upon the disclosure of information imposed by any enactment or contract or
otherwise; and
(c) may
be made in relation to property in the possession of a department of the States
of Jersey.
(12) In paragraphs (5)(b)(ii)
and (11)(a), “excluded material” has the meaning given by Article 6
of the Police Procedures and Criminal Evidence (Jersey) Law 2003[12].
20 Authority
for search
(1) The
Attorney General or an authorized officer may, for the purposes of a civil
forfeiture investigation, apply to the Bailiff for a warrant under this Article
in relation to premises specified in the application.
(2) An
application under this Article must –
(a) be
made in writing;
(b) state
the grounds for believing that material specified in the application is
relevant to a civil forfeiture investigation; and
(c) give
details of that investigation, having regard to Article 18, including
details of the property to which it relates.
(3) An application
by an authorized officer for a warrant under this Article may only be made with
the consent of the Attorney General.
(4) On
such an application, the Bailiff may issue a warrant authorizing the officer
together with any other person named in the warrant to enter (if necessary by
force) and search the premises, if the Bailiff is satisfied that –
(a) an
order under Article 19 in relation to the specified material has not been
complied with; or
(b) the
conditions in either –
(i) paragraph (4),
or
(ii) paragraph (5),
are fulfilled.
(4) The
conditions to which paragraph (3)(b)(i) refers are –
(a) that
the conditions in Article 19(5) are fulfilled in relation to material on
the specified premises; and
(b) that
it would not be appropriate to make an order under Article 19 in relation
to the material, because –
(i) it is not
practicable to communicate with any person entitled to produce the material,
(ii) it is not
practicable to communicate with any person entitled to grant access to the material
or entry to the specified premises on which the material is to be found, or
(iii) the civil forfeiture
investigation might be seriously prejudiced unless an authorized officer could
secure immediate access to the property.
(5) The
conditions to which paragraph (3)(b)(ii) refers are –
(a) that
there are reasonable grounds for suspecting that there is, on the specified
premises, such material relating to the tainted property, or to the question as
to whether or not the specified property is tainted property, as –
(i) is (whether by
itself or together with other material) likely to be of substantial value to
the civil forfeiture investigation, but
(ii) cannot at the
time of the application be further particularized; and
(b) that –
(i) it is not
practicable to communicate with any person entitled to grant access to the material
or entry to the specified premises,
(ii) entry to the
premises will not be granted unless a warrant is produced, or
(iii) the civil forfeiture
investigation might be seriously prejudiced unless an authorized officer
arriving at the premises could secure immediate entry to them.
(6) Where
an authorized officer has entered premises in the execution of a warrant issued
under this Article, the officer may seize and retain any material (other than
items subject to legal privilege) which is likely to be of substantial value
(whether by itself or together with other material) to the civil forfeiture
investigation.
21 Customer
information
(1) For
the purposes of this Law “customer information” means (subject to
Regulations made under paragraph (3)) –
(a) information
as to whether a business relationship exists or has existed between a bank and
a particular person (and where such a relationship exists or has existed, such
a person is a “customer” of the bank);
(b) a
customer’s –
(i) account number,
(ii) full name,
(iii) date of birth,
(iv) address or former
address;
(c) the
date on which a business relationship between a bank and a customer begins or
ends;
(d) any
evidence of a customer’s identity obtained by a bank in pursuance of or
for the purposes of any legislation relating to money laundering;
(e) any
evidence otherwise within the knowledge of a bank as to the source of any of a
customer’s funds held by that bank;
(f) the
identity of any person sharing an account with a customer.
(2) In paragraph (1) –
“business relationship” means a business, professional
or commercial relationship between a bank and a customer where that
relationship is expected by the bank, at the time when contact is established, to
have an element of duration; and
“money laundering” has the same meaning as given by Article 1(1)
of the Proceeds of Crime (Jersey) Law 1999.
(3) The
States may by Regulations –
(a) provide
for a class of information to be customer information, or to cease to be
customer information; and
(b) extend
the meaning of the expression “business relationship”,
for the purposes of this Law.
22 Orders
to provide customer information
(1) The
Attorney General or an authorized officer may, for the purposes of a civil
forfeiture investigation, apply to the Bailiff for an order under this Article
requiring a bank to provide customer information.
(2) An
application under this Article must –
(a) be
made in writing;
(b) state
that property specified in the application is subject to a civil forfeiture
investigation, and give details of that investigation, having regard to Article 18;
(c) state
that –
(i) a person
specified in the application appears to hold all or a part of the property, or
(ii) all or a part of
the property appears to belong to such a person;
(d) specify
the bank against which the order is sought (and an application may specify all
banks, a particular description or descriptions of bank, or a particular bank
or banks); and
(e) specify
the customer information sought.
(3) An
application by an authorized officer for an order under this Article may only
be made with the consent of the Attorney General.
(4) On an
application under this Article, the Bailiff may make an order (a
“customer information order”) requiring the bank to provide the
customer information in accordance with paragraph (5), if the Bailiff is
satisfied that –
(a) there
are reasonable grounds for suspecting that the specified property is tainted
property;
(b) there
are reasonable grounds for suspecting that the customer information sought by
the application is (whether by itself or together with other material) likely
to be of substantial value to the civil forfeiture investigation; and
(c) it
is in the public interest for such customer information to be provided, having
regard to the benefit likely to accrue to the investigation and to the
circumstances in which the bank in possession of the information holds it.
(5) The
bank against which a customer information order is made shall provide the
customer information –
(a) in
such manner and within such time as the order may specify; and
(b) notwithstanding
any obligation as to secrecy or other restriction upon the disclosure of
information imposed by any enactment or contract or otherwise.
(6) A
person failing to comply with a requirement imposed by a customer information
order shall be guilty of an offence and liable to imprisonment for a term of 6 months
and to a fine, but it shall be a defence for a person charged with an offence
under this Article to prove that –
(a) the
customer information was not in the person’s possession; or
(b) it
was not reasonably practicable for the person to comply with the order.
(7) An
application for the discharge or variation of a customer information order may
be made to the Bailiff in chambers, and the Bailiff may rule upon the
application or may, at the Bailiff’s discretion, refer it to the Court
for adjudication.
(8) Customer
information provided by a bank pursuant to a customer information order shall
not be admissible as evidence in criminal proceedings against the bank or any
of its employees, except –
(a) in
proceedings for an offence under paragraph (6) or for contempt of court;
(b) in
proceedings for or in respect of a confiscation order; or
(c) subject
to paragraph (9), where in any prosecution, in evidence given on the part
of the bank a statement is made which is inconsistent with a statement made
pursuant to an account monitoring order.
(9) A
statement may not be used as evidence against a bank by virtue of paragraph (8)(c)
unless evidence relating to it is adduced, or a question relating to it is
asked, by or on behalf of the bank in the proceedings arising out of the
prosecution.
23 Account
monitoring orders
(1) The
Attorney General or an authorized officer may, for the purposes of a civil
forfeiture investigation, apply to the Bailiff for an account monitoring order
under this Article.
(2) An
application under this Article must –
(a) be
made in writing;
(b) state
that property specified in the application is subject to a civil forfeiture
investigation and give details of the investigation, having regard to Article 18;
(c) state
that a person specified in the application appears to hold all or a part of the
property, or all or a part of the property appears to belong to such a person;
(d) specify
the bank against which the order is sought (and an application may specify all
banks, a particular description or descriptions of bank, or a particular bank
or banks); and
(e) state
that the order is sought against the specified bank in relation to information
which –
(i) relates to an
account or accounts held with the bank by the person specified in the
application (whether solely or jointly with another), and
(ii) is of a
description specified in the order.
(3) The
application must further specify that the information sought is information
relating to –
(a) all
accounts that the specified person holds with the specified bank;
(b) a
particular description or descriptions of accounts so held; or
(c) a
particular account or accounts so held.
(4) An
application by an authorized officer for an order under this Article may only
be made with the consent of the Attorney General.
(5) On
an application under this Article, the Bailiff may make an order requiring the
bank to provide the information sought by the application in accordance with paragraph (6)
(an “account monitoring order”), if the Bailiff is satisfied that –
(a) there
are reasonable grounds for suspecting that the specified property is tainted
property;
(b) there
are reasonable grounds for suspecting that the information sought by the
application is (whether by itself or together with other material) likely to be
of substantial value to the civil forfeiture investigation; and
(c) it
is in the public interest for such information to be provided, having regard to
the benefit likely to accrue to the investigation and to the circumstances in
which the bank in possession of the information holds it.
(6) An
account monitoring order is an order that the specified bank must –
(a) for
the period specified in the order;
(b) in
the manner so specified; and
(c) at
or by a time so specified and at a place so specified,
provide information of the specified description to a police officer
named in the order.
(7) A
person failing to comply with a requirement imposed by an account monitoring
order shall be guilty of an offence and liable to imprisonment for a term of 6 months
and to a fine, but it shall be a defence for a person charged with an offence
under this Article to prove that –
(a) the
information sought was not in the person’s possession; or
(b) it
was not reasonably practicable for the person to comply with the order.
(8) An
application for the discharge or variation of an account monitoring order may
be made to the Bailiff in chambers, and the Bailiff may rule upon the
application or may, at the Bailiff’s discretion, refer it to the Court
for adjudication.
(9) An
account monitoring order –
(a) shall
not confer any right to production of, or access to, items subject to legal
privilege or other excluded material;
(b) shall
have effect notwithstanding any obligation as to secrecy or other restriction
upon the disclosure of information imposed by any enactment or contract or
otherwise; and
(c) may
be made in relation to property in the possession of a department of the States
of Jersey,
and in paragraph (a), “excluded material” has the
meaning given by Article 6 of the Police Procedures and Criminal Evidence
(Jersey) Law 2003.
(10) A
statement made by a bank pursuant to an account monitoring order shall not be
admissible as evidence in criminal proceedings against the bank or any of its
employees, except –
(a) in
proceedings for an offence under paragraph (7) or for contempt of court;
(b) in
proceedings for or in respect of a confiscation order; or
(c) subject
to paragraph (11), where in any prosecution, in evidence given on the part
of the bank a statement is made which is inconsistent with the statement made pursuant
to the account monitoring order.
(11) A
statement may not be used as evidence against a bank by virtue of paragraph (10)(c)
unless evidence relating to it is adduced, or a question relating to it is
asked, by or on behalf of the bank in the proceedings arising out of the
prosecution.
24 Disclosure
orders
(1) The
Attorney General or an authorized officer may, for the purposes of a civil
forfeiture investigation, apply to the Bailiff for a disclosure order under
this Article.
(2) An
application under this Article must –
(a) be
made in writing;
(b) state
that property specified in the application is subject to a civil forfeiture
investigation and give details of the nature of the investigation, having
regard to Article 18; and
(c) state
that a person specified in the application appears to hold information (whether
or not contained in a document) which the Attorney General or authorized
officer considers to be relevant to the investigation (“relevant
information”).
(3) An
application under this Article –
(a) may
not be made by an authorized officer except with the consent of the Attorney
General; and
(b) may
be made ex parte to the Bailiff in chambers.
(4) On
an application under this Article, the Bailiff may make a disclosure order in
accordance with paragraph (5), if the Bailiff is satisfied that –
(a) there
are reasonable grounds for suspecting that the specified property is tainted
property;
(b) there
are reasonable grounds for suspecting that the relevant information sought by
the application is (whether by itself or together with other information)
likely to be of substantial value to the civil forfeiture investigation; and
(c) it
is in the public interest for the relevant information to be provided, having
regard to the benefit likely to accrue to the investigation and to the
circumstances in which the person in possession of the relevant information
holds it.
(5) A
disclosure order is an order authorizing the Attorney General or an authorized
officer to give notice in writing –
(a) to
any person considered to hold relevant information;
(b) requiring
that person, in respect of any matter relevant to the civil forfeiture
investigation, to do all or any of the following –
(i) to answer
questions, at or by a time specified in the notice or at once, and at a place
so specified,
(ii) to provide
information, or information of a class or description, specified (so far as
possible) in the notice, at or by a time and in a manner specified in the
notice,
(iii) to produce documents,
or documents of a class or description specified in the notice, at or by a time
so specified or at once, and in a manner so specified.
(6) A
disclosure order may be made –
(a) whether
or not notice of the application has been given to any person other than the
person required to comply with the notice under paragraph (5); and
(b) subject
to such further terms and conditions as the Bailiff thinks fit.
(7) A
person failing without reasonable excuse to comply with a requirement imposed
by or under a disclosure order shall be guilty of an offence and liable to
imprisonment for a term of 6 months and to a fine, but it shall be a
defence for a person charged with an offence under this Article to prove that –
(a) the
relevant information sought was not in the person’s possession; or
(b) it
was not reasonably practicable for the person to comply with the order.
(8) An
application for the discharge or variation of a disclosure order may be made to
the Bailiff in chambers, and the Bailiff may rule upon the application or may,
at the Bailiff’s discretion, refer it to the Court for adjudication.
(9) A
disclosure order –
(a) shall
not confer any right to production of, or access to, items subject to legal
privilege or other excluded material;
(b) shall
have effect notwithstanding any obligation as to secrecy or other restriction
upon the disclosure of information imposed by any enactment or contract or
otherwise; and
(c) may
be made in relation to property in the possession of a department of the States
of Jersey,
and in paragraph (a), “excluded material” has the
meaning given by Article 6 of the Police Procedures and Criminal Evidence
(Jersey) Law 2003.
(10) A
statement made by a person pursuant to a disclosure order shall not be
admissible as evidence in criminal proceedings against a bank or any of its
employees, except –
(a) in
proceedings for an offence under paragraph (7) or for contempt of court;
(b) in
proceedings for or in respect of a confiscation order; or
(c) subject
to paragraph (11), where in any prosecution, in evidence given on the part
of the person a statement is made which is inconsistent with the relevant
information given pursuant to the disclosure order.
(11) A
statement may not be used as evidence against a person by virtue of paragraph (10)(c)
unless evidence relating to it is adduced, or a question relating to it is
asked, by or on behalf of the person in the proceedings arising out of the
prosecution.
25 Copying
and retention of documents
(1) The
Attorney General and any other person authorized for the purpose by a
production order under Article 19, a search warrant under Article 20 or
a disclosure order may take copies of any documents which are produced, or to
which access is given, in compliance with a requirement in the order or warrant
(as the case may be).
(2) Original
documents so produced may be retained for so long as it is necessary to retain
them in connection with the civil forfeiture investigation for the purposes of
which the order was made or the warrant was given.
(3) Notwithstanding
paragraph (2), if the Attorney General has reasonable grounds for
believing that a document –
(a) may
need to be produced for the purposes of any legal proceedings; and
(b) might
otherwise be unavailable for those purposes,
the document may be retained until the proceedings are concluded.
PART 5
GENERAL PROVISIONS
26 Nature
of proceedings, and rules of court
(1) Proceedings
under –
(a) Parts
2 to 4 of this Law (except under Article 19(8), 22(6), 23(7) or 24(7));
and
(b) Article 27,
are civil proceedings and any issue in such proceedings shall be
determined on the balance of probabilities.
(2) The
power to make Rules of Court under the Royal Court (Jersey) Law 1948[13] shall include a power to
make Rules for the purposes of this Law and proceedings under this Law.
27 Release
of restrained etc. property
(1) A
person who claims that any property (other than cash) detained, seized or
otherwise restrained under this Law (including, for the purposes of this
Article, any part of such property) lawfully belongs to him or her may apply
for that property to be released to him or her.
(2) The
application may be made in the course of proceedings under Part 3 or 4
or at any other time before the property in question is forfeited pursuant to a
forfeiture order.
(3) An
application in the course of proceedings under Article 11 or 12 may be
made to the Bailiff or to the Court, and where such an application is made to
the Bailiff the Bailiff may rule upon the application or may, at the
Bailiff’s discretion, refer it to the Court for adjudication.
(4) An
application made otherwise than in the course of proceedings under Article 11
or 12 shall be made to the Court.
(5) If
it appears to the Bailiff or Court that –
(a) the
property lawfully belongs to the applicant;
(b) the
applicant was deprived of the property by unlawful conduct; and
(c) immediately
before the applicant was deprived of it, the property –
(i) was not property obtained
by or in return for unlawful conduct, and
(ii) did not represent
cash or property so obtained,
the Bailiff or Court may order the property to be released to the
applicant (and, where the application is made in the course of proceedings
under Article 11 or 15, shall do so instead of making a forfeiture order).
28 Limitation
of liability of Viscount
(1) Where
the Viscount, or any officer of the Viscount’s department –
(a) takes
any action in relation to property that is not tainted 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 such action may lawfully be
taken,
the Viscount shall not be liable to any person in respect of any
loss or damage sustained resulting from the action taken.
(2) Paragraph (1)
does not apply –
(a) if
it is shown that the action was done in bad faith; or
(b) so
as to prevent an award of damages made in respect of an act on the ground that
the act was unlawful as a result of Article 7(1) of the Human Rights
(Jersey) Law 2000[14].
29 Limitation
of liability of Attorney General
(1) Paragraph (2)
applies to –
(a) the
Attorney General; and
(b) a
person who is or is acting as an officer, employee or agent of the Attorney
General.
(2) A
person to whom this paragraph applies is not liable in damages for any act done
in the discharge, or purported discharge, of the functions of the Attorney
General under this Law.
(3) Paragraph (2)
does not apply –
(a) if
it is shown that the act was done in bad faith; or
(b) so
as to prevent an award of damages made in respect of an act on the ground that
the act was unlawful as a result of Article 7(1) of the Human Rights
(Jersey) Law 2000.
(4) The
Attorney General shall not be liable in costs for any proceedings under this Law,
except where it is shown that the proceedings were commenced, or (having been
lawfully commenced) were continued, in bad faith.
30 Compensation
where bad faith proven
(1) Where
it is shown that any act done –
(a) in
the discharge, or purported discharge, of the functions of the Viscount or the Attorney
General under this Law; or
(b) in
respect of any property restrained, seized or otherwise detained under this
Law,
was done in bad faith, the person to whom the property belongs may
make an application to the Court for compensation.
(2) The
Court may, after receiving an application under paragraph (1), order
compensation to be paid to the applicant if –
(a) the
Court is satisfied that the person has suffered loss as a result of the
detention of the property under this Law; and
(b) having
regard to all the circumstances the Court considers it appropriate to make such
an order.
(3) The
amount of compensation which the Court may order to be paid under this Article
shall be the amount the Court thinks reasonable having regard to –
(a) the
loss suffered;
(b) the
amount of any interest already paid under this Law; and
(c) any
other relevant circumstances.
(4) Compensation
ordered to be paid under this Article shall be paid by the States.
(5) If
a forfeiture order is made in respect only of a part of property detained under
this Law, this Article has effect in relation to the other part of that
property.
(6) A
person to whom cash detained under Article 6 or 7 belongs may not make an
application under this Article if an order for the release of all or part of
the cash has been made under Article 9.
31 Offence
of obstruction
A person who, without reasonable excuse, obstructs the Attorney
General, the Viscount or an authorized officer in the lawful exercise of powers
conferred by this Law shall be guilty of an offence and liable to imprisonment
for a term of 2 years and to a fine.
32 Offence
of tipping off or interference with documents etc.
(1) Where
a person knows or suspects that the Attorney General or an authorized officer
is acting or proposing to act in connection with a civil forfeiture
investigation that is being or is about to be conducted, 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.
(2) For
the purposes of this Article, interference with material includes falsifying,
concealing, destroying or disposing of the material or part of it.
(3) Paragraph (1)(a)
does 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;
(b) is
made by a person who is the client of a professional legal adviser to that
adviser, for either of the purposes mentioned in sub-paragraph (a)(i) or
(ii); or
(c) is
made by a person who is the client of an accountant for the purpose of enabling
him or her to provide any of the services listed in paragraph 2(1) of Part
B of Schedule 2 to the Proceeds of Crime (Jersey) Law 1999.
(4) The
States may by Regulations specify further cases in which a disclosure or
interference to which paragraph (1) would otherwise apply shall not amount
to the commission of an offence.
(5) A
person shall not be guilty of an offence under this Article 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.
(6) A
person guilty of an offence under this Article is liable to imprisonment for a
term of 5 years and to a fine.
(7) A
prosecution for an offence under this Article may only be initiated with the
consent of the Attorney General.
33 Liability
of directors etc.
(1) Where
an offence under this Law, committed by a limited liability partnership, a
separate limited partnership, any other partnership having separate legal
personality or a body corporate, is proved to have been committed with the
consent or connivance of –
(a) a
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
the person is also guilty of the offence and liable in the same
manner as the partnership or body corporate to the penalty provided for the
offence.
(2) Where
the affairs of a body corporate are managed by its members, paragraph (1)
applies in relation to acts and defaults of a member in connection with the
member’s functions of management as if he or she were a director of the
body corporate.
34 Consent
to settlement
(1) On
an application made by the Attorney General for the purpose, and if the
condition in paragraph (2) is fulfilled, the Court may make an order in
any proceedings under Article 11, 12 or 15, on terms agreed between the
Attorney General and other parties to the proceedings, for the disposal of the
proceedings.
(2) The
condition mentioned in paragraph (1) is that each person to whose property
the proceedings and the agreement relate is a party both to the proceedings and
to the agreement.
(3) An
order under paragraph (1) may –
(a) in
particular, and without derogation from the Court’s discretion, make
provision for any property –
(i) which may be
liable to forfeiture under this Law, to cease to be so liable, or
(ii) to be returned to
a person to whom it belongs; and
(b) make
such further provision as the Court may think fit.
35 Civil
Asset Recovery (International Co-operation) (Jersey) Law amended
In Article 1(1) of the Civil Asset Recovery (International
Co-operation) (Jersey) Law 2007[15], for the definition
“property” there shall be substituted the following definition –
“ ‘property’
means all property, whether vested or contingent, and whether in Jersey or
elsewhere, including –
(a) any legal document or instrument evidencing
title to or interest in immovable property;
(b) any interest in or power in respect of immovable
property;
(c) in relation to movable property, any right,
including a right to possession;”.
36 Repeal
The Proceeds of Crime (Cash Seizure) (Jersey) Law 2008[16] (the “Cash Seizure
Law”) is repealed.
37 Citation
and commencement
This Law may be cited as the Forfeiture of Assets (Civil
Proceedings) (Jersey) Law 2018 and shall come into force one month after
the day on which it is registered.
dr. m. egan
Greffier of the States