Proceeds
of Crime (Enforcement of Confiscation Orders) (Amendment) (Jersey) Regulations
2022
Made 10th February 2022
Coming into
force in accordance with Regulation 8
1 Amendment of the Proceeds of Crime
(Enforcement of Confiscation Orders) (Jersey) Regulations 2008
These Regulations amend
the Proceeds of
Crime (Enforcement of Confiscation Orders) (Jersey) Regulations 2008.
2 Regulation 4 (evidence of proceedings and
orders in a country or territory outside Jersey) amended
In Regulation 4(1) after
sub-paragraph (g) there is inserted –
“(h) that an order (however
described) made or to be made by a court of that country or territory has the
purpose of, or will have the purpose of –
(i) recovering property used
or intended to be used in criminal conduct or predicate conduct; or
(ii) recovering property
equal to the value of the property referred to in clause (i),”.
3 Regulation 7 (satisfaction of
confiscation orders in a country or territory outside Jersey) amended
In Regulation 7 –
(a) in the heading, after
“confiscation orders” there is inserted “or instrumentalities forfeiture orders”;
(b) in paragraph (1) –
(i) in sub-paragraph (a)
after “Article 3 of the Law” there is inserted “or an instrumentalities
forfeiture order has been made under Article 28B
of the Law”,
(ii) after “the amount payable under the confiscation order” there is inserted
“or the value of property forfeited under the instrumentalities forfeiture
order”.
4 Regulation 8 (conversion of currency)
amended
In Regulation 8(1) after
“confiscation order” there is inserted “or instrumentalities forfeiture order”.
5 Regulation 9 (citation) amended
In Regulation 9
after “Confiscation” there is inserted “and Instrumentalities Forfeiture”.
6 Schedule amended
In the Schedule –
(a) in paragraph 1 (Article 1 amended) after sub-paragraph (1)(f)
there is inserted –
“(g) for the definition
“predicate conduct” there is substituted the following definition –
“ “predicate
conduct” means, where the overseas conduct corresponds to an offence under Article 30
or 31, or an attempt or conspiracy to commit such an offence, the conduct that
was alleged to give the property its criminal character;”.”;
(b) in paragraph 2 (Article 2
amended) –
(i) in sub-paragraph (a) after
“paragraphs (1)” there is inserted “, (1A)”,
(ii) in the substituted
Article 2(2)(a) after “a confiscation order” there is inserted “or an
instrumentalities forfeiture order”;
(c) in paragraph 3 (Part 2
amended) –
(i) in sub-paragraph (2)
for “28A” there is substituted “28B”,
(ii) in sub-paragraph (6)
for “ “confiscation order” wherever” there is substituted
“ “confiscation order or instrumentalities forfeiture order” wherever”,
(iii) for sub-paragraph (7)
there is substituted –
“(7) In
Article 22, in paragraph (2) for “, 18, 19, 20 and 28B”
there is substituted “and 20”.”,
(iv) in sub-paragraph (8) –
(A) in clause (a) for “ “confiscation order” there” there is substituted “
“confiscation order or instrumentalities forfeiture order” there”,
(B) in clause (b) in the
substituted paragraph (8), after “proceeds of criminal conduct” there is
inserted “or instrumentalities or property of equal value to the
instrumentalities”;
(d) in paragraph 6(3) for “Proceeds
of Crime (Enforcement of Confiscation Orders) (Jersey) Regulations 2008”
there is substituted “Proceeds of Crime (Enforcement of Confiscation and
Instrumentalities Forfeiture Orders) (Jersey) Regulations 2008”.
(e) in the Proceeds of
Crime (Jersey) Law 1999 as modified by
the Proceeds of
Crime (Enforcement of Confiscation Orders) (Jersey) Regulations 2008 –
(i) for the heading “The Proceeds
of Crime (Jersey) Law 1999 as modified by the Proceeds of Crime
(Enforcement of Confiscation Orders) (Jersey) Regulations 2008” there is
substituted “The Proceeds of Crime (Jersey) Law 1999 as modified by the
Proceeds of Crime (Enforcement of Confiscation and Instrumentalities Forfeiture
Orders) (Jersey) Regulations 2008”,
(ii) in Article 1(1) –
(A) in the definition
“external confiscation order” after sub-paragraph (c) there is inserted –
“(d) for the purposes of
recovering property used in or intended to be used in such conduct or in
predicate conduct outside Jersey or recovering property of equal value to such
property;”,
(B) after the definition
“police officer” there is inserted the following definition –
“ “predicate
conduct” means, where the overseas conduct corresponds to an offence under
Article 30 or 31, or an attempt or conspiracy to commit such an offence,
the conduct that was alleged to give the property its criminal character;”,
(iii) in Article 2(2)(a)
after “a confiscation order” there is inserted “or an instrumentalities
forfeiture order”,
(iv) in Article 24(8)
after “proceeds of criminal conduct” there is inserted “or instrumentalities or
property of equal value to the instrumentalities”.
7 Short title amended
In the short title after
“Confiscation” there is inserted “and Instrumentalities Forfeiture”.
8 Citation and commencement
These Regulations may be
cited as the Proceeds of Crime (Enforcement of Confiscation Orders) (Amendment)
(Jersey) Regulations 2022 and come into force on the commencement of the
Proceeds of Crime (Amendment No. 5) (Jersey) Law 202-[1].