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Criminal
Justice (Deferred Prosecution Agreements) (Jersey) Law 2023
A LAW to make provision for the
disposal of certain criminal offences by way of deferred prosecution agreements.
Commencement [see
endnotes]
Part 1
Preliminary
1 Interpretation
(1) In
this Law –
“Court” in relation to a cause or matter means –
(a) the Bailiff; or
(b) if the Bailiff directs,
the Inferior Number of the Royal Court;
“Criminal Procedure Law” means the Criminal Procedure
(Jersey) Law 2018;
“DPA” has the meaning given in Article 2(1);
“DPA proceedings” means proceedings for the
prosecution of a specified offence and for the approval of, and monitoring of
compliance with, a DPA as set out in this Law;
“entity” means –
(a) a
company, as defined in the Companies (Jersey) Law 1991;
(b) a foundation, as defined
in the Foundations (Jersey) Law 2009;
(c) an incorporated limited
partnership, as defined in the Incorporated Limited Partnerships (Jersey) Law 2011;
(d) a limited liability
company, as defined in the Limited Liability Companies (Jersey) Law 2018;
(e) a limited liability
partnership, as defined in the Limited Liability Partnerships (Jersey) Law 2017;
(f) a separate limited
partnership, as defined in the Separate Limited Partnerships (Jersey) Law 2011;
(g) any other body or person
that has legal personality but is not an individual or a corporation sole, whether established in Jersey or elsewhere;
“expiry date”, in relation
to a DPA, has the meaning given in Article 3(1)(a);
“independent monitor” has the meaning given in Article 6(5);
“self-report” has the meaning given in Article 4(2);
“specified offence” means an offence specified
in Schedule 1, and includes an alleged specified offence.
(2) In
this Law, a “connected person” in relation to an entity means –
(a) in the case of a company,
a director, manager, secretary, or other similar officer of the company;
(b) in the case of a
foundation, a member of the council, the guardian, a founder, or a person
appointed under the regulations of the foundation;
(c) in the case of an
incorporated limited partnership –
(i) a general partner, or
(ii) a limited partner who is
participating in the management of the partnership;
(d) in the case of a limited
liability company, a manager of the company;
(e) in the case of a limited
liability partnership, a partner of the partnership;
(f) in the case of a separate
limited partnership –
(i) a general partner, or
(ii) a limited partner who is
participating in the management of the partnership;
(g) in the case of any other
body or person that has legal personality but is not an individual or a
corporation sole –
(i) a director, manager, secretary, or other
similar officer of the entity, or
(ii) if the affairs of the entity
are managed by its members, a member who is acting in connection with the
member’s functions of management;
(h) in any case, a person
appointed as a reporting officer of the entity within the meaning given by Article
1(1) of the Money
Laundering (Jersey) Order 2008.
(3) The States may by Regulations amend Schedule 1.
2 Characteristics of a
DPA
(1) A
deferred prosecution agreement (a “DPA”) is an agreement between –
(a) the Attorney General; and
(b) an entity against which the
Attorney General has initiated DPA proceedings in
accordance with Article 6 in relation to a specified offence.
(2) Under
a DPA –
(a) the entity agrees to
comply with the requirements imposed on it by the DPA; and
(b) the Attorney General
agrees not to seek leave of the Court, under Article 81A(1) of the
Criminal Procedure Law, to progress proceedings in relation to the specified
offence at any time while the DPA is in force.
(3) The
law of contract does not apply to any question concerning the formation,
variation, or termination of a DPA.
3 Content of a DPA
(1) A
DPA must include the following terms –
(a) the date on which the DPA
ceases to have effect (the “expiry date”) if not terminated by the Court under
Article 10(3)(b);
(b) a statement of facts
relating to the specified offence which may include admissions made by the
entity in relation to the specified offence;
(c) requirements imposed on
the entity;
(d) time limits within which
the entity must comply with those requirements;
(e) a statement setting out the
consequences of a failure by the entity to comply with any of its terms;
(f) the times or intervals
at which the independent monitor is to report under Article 8(1)(b);
(g) the remuneration that the
parties have agreed that the independent monitor is entitled to receive.
(2) A
DPA must specify the independent monitor in relation to the DPA.
(3) The
requirements that a DPA may impose on the entity include requirements –
(a) to pay a financial
penalty;
(b) to compensate victims of
the specified offence;
(c) to donate money to a
charity or other third party;
(d) to disgorge any profits
made by the entity from the specified offence;
(e) to implement a compliance
programme or make changes to an existing compliance programme relating to
either or both of the following –
(i) the entity’s policies,
(ii) the training of the
entity’s employees;
(f) to pay any reasonable
costs of the Attorney General in relation to the DPA proceedings;
(g) to pay the remuneration
of the independent monitor.
(4) A
DPA may include such other terms as may be agreed between the Attorney General
and the entity.
Part 2
Court
approval of a DPA
4 Submission of a self-report
(1) Where
an entity wishes to enter into a DPA in relation to a specified offence it
must –
(a) submit to the Attorney
General evidence which is reasonably capable of demonstrating that the entity
has committed that specified offence; and
(b) request that the Attorney
General determines whether to enter into a DPA with the entity in relation to
that specified offence.
(2) The
submission of evidence and a request in accordance with paragraph (1) is
referred to in this Law as a “self-report”.
(3) An
entity may not submit more than one self-report in relation to the same
specified offence.
5 Consideration of a self-report
(1) Where
an entity submits a self-report, the Attorney General must determine whether the
evidence submitted is reasonably capable of demonstrating that the specified offence
has been committed by the entity.
(2) Paragraph
(1) does not apply where the Attorney General is satisfied that it is not in the
interests of justice to enter into a DPA with the entity in relation to the
specified offence.
(3) An
entity that submits a self-report must meet the costs incurred by the Attorney
General in carrying out a determination under paragraph (1).
(4) Paragraph (5)
applies where –
(a) the Attorney General has determined
that the evidence submitted is reasonably capable of demonstrating that the specified
offence has been committed by the entity;
(b) the entity has met the
costs referred to in paragraph (3); and
(c) the Attorney General is
considering prosecuting the entity in respect of the specified offence.
(5) Where
this paragraph applies, the Attorney General must determine whether it is in the interests of justice to enter into a DPA with
the entity in relation to the specified offence.
(6) A
payment in relation to costs made under this Article is not refundable,
regardless of the outcome of any negotiations with a view to entering into a
DPA, or any DPA proceedings, in relation to the specified offence.
6 Initiation of DPA
proceedings and first application to the Court
(1) This
Article applies where –
(a) the Attorney General has determined
under Article 5(5) that it is in the interests of justice to enter into a
DPA with the entity; and
(b) the Attorney General and the
entity have commenced negotiations with a view to entering into the DPA.
(2) The
Attorney General must initiate DPA proceedings against the entity under Article 14(1A)
of the Criminal Procedure Law.
(3) Where
the provision creating the specified offence requires the consent of the
Attorney General before criminal proceedings may be initiated, no DPA proceedings
may be initiated in relation to that specified offence except by or with the
consent of the Attorney General.
(4) Once
DPA proceedings have been initiated, and the Attorney General has given the
notice required by Article 14(1A)(b) of the Criminal Procedure Law and lodged
and served the indictment as required by Article 43(8) of that Law, the Attorney
General must apply to the Court for a declaration that –
(a) entering into a DPA with
the entity is likely to be in the interests of justice; and
(b) the proposed terms of the
DPA are fair, reasonable, and proportionate.
(5) The
Attorney General must nominate a person to carry out the functions described in
Article 8 in relation to the DPA (an “independent monitor”), and the
proposed DPA must include the name of the proposed independent monitor.
(6) The
Court must give reasons for its decision whether or not to make a declaration
under paragraph (4).
(7) The
Attorney General may make a further application under paragraph (4) if the
Court declined to make a declaration on the previous application.
(8) A
hearing at which an application under paragraph (4) is determined must be
held in private, any declaration under paragraph (4) must be made in
private, and any reasons under paragraph (6) must be given in private.
7 Final hearing, Court
approval of the DPA and appointment of the independent monitor
(1) This
Article applies where –
(a) the Court has made a
declaration under Article 6(4); and
(b) the
Attorney General and the entity have agreed the terms of the DPA.
(2) The
Attorney General must apply to the Court –
(a) for a declaration
that –
(i) the DPA is in the interests of justice,
and
(ii) the terms of the DPA are
fair, reasonable, and proportionate; and
(b) for the appointment of the
independent monitor nominated by the Attorney General.
(3) If
the Court decides to make a declaration under paragraph (2)(a) it must,
when making the declaration, make the appointment of the
independent monitor under paragraph (2)(b).
(4) The
Court must give reasons for its decision whether or not
to make a declaration under paragraph (2)(a).
(5) An
application under paragraph (2) may be determined, and a declaration under
paragraph (2)(a) may be made, without a hearing.
(6) Any
hearing at which an application under paragraph (2) is determined may be
held in private, but if the Court decides to make a declaration under paragraph (2)(a),
it must do so, and must give its reasons, in open court.
(7) The
DPA comes into force when it is approved by the Court making a declaration
under paragraph (2)(a).
(8) On
approval of the DPA by the Court, the Attorney General must publish, in such
manner as the Attorney General thinks fit –
(a) the DPA;
(b) the declaration of the
Court made under Article 6(4) and the reasons given by the Court under
Article 6(6);
(c) in a case where the Court
initially declined to make a declaration under Article 6(4), the reasons
given by the Court under Article 6(6) for that decision; and
(d) the declaration of the Court
made under paragraph (2)(a) and the reasons given by the Court under
paragraph (4).
(9) Paragraph (8)
does not require the Attorney General to publish information if the Attorney
General is prevented from doing so by an enactment, or by an order of the Court
under Article 13(1).
(10) An
independent monitor appointed under this Article –
(a) is entitled to receive
remuneration as agreed between the parties to the DPA; and
(b) unless paragraph (13)
applies, ceases to hold office –
(i) on the expiry of the DPA (whether that
occurs on the expiry date or as provided for in any of paragraphs (5) to (7)
of Article 12), or
(ii) on the termination of
the DPA by the Court under Article 10(3)(b).
(11) The
Attorney General may make an application to the Court if the Attorney General
has reasonable grounds –
(a) to suspect that the independent monitor has failed without reasonable
excuse to carry out any of the functions described in Article 8; or
(b) to believe that it is
necessary in all the circumstances of the case to terminate the appointment of
the independent monitor.
(12) Paragraph (13)
applies if, on an application under paragraph (11), the Court is satisfied
that –
(a) the independent monitor
has failed without reasonable excuse to carry out any of the functions
described in Article 8; or
(b) it is necessary in all
the circumstances of the case to terminate the appointment of the independent monitor.
(13) Where
this paragraph applies, the Court may make an order –
(a) terminating the
appointment of the independent monitor (“the outgoing independent monitor”) and
appointing another independent monitor nominated by the Attorney General (“the incoming
independent monitor”);
(b) making such other
provision as the Court thinks just in all the circumstances of the case
including, but not limited to –
(i) requiring the outgoing independent monitor
to deliver, to the Attorney General or the incoming independent monitor or both
of them, information and documents received or obtained in the course of
carrying out the functions described in Article 8,
(ii) requiring the outgoing independent
monitor to disgorge itself of any fees received by virtue of its appointment,
(iii) requiring that any such
fees are repaid to the entity, or paid into the Criminal Offences Confiscations
Fund established by Article 24 of the Proceeds of Crime
(Jersey) Law 1999.
Part 3
Monitoring
compliance with a DPA
8 Functions of the
independent monitor
(1) The
independent monitor in relation to a DPA must –
(a) monitor the entity’s
compliance with the terms of the DPA;
(b) report to the Court and
the Attorney General on the entity’s compliance with the terms of the DPA; and
(c) report to the Attorney
General if it appears to the independent monitor that, in
the submission of the self-report, in negotiations with a view to entering into
the DPA, or at any time while the DPA is in force, the entity or a connected
person in relation to the entity has –
(i) provided inaccurate, misleading, or
incomplete information to the Court, the Attorney General, or the independent
monitor,
(ii) committed an offence
under this Law, or
(iii) committed a criminal
offence.
(2) A
report referred to in paragraph (1)(b) must be made at such times or at
such intervals as are specified in the DPA and must, in particular –
(a) specify any breach of the
terms of the DPA by the entity during the period covered by the report; and
(b) notify the Court and the
Attorney General if, in the opinion of the independent monitor, the entity is
likely to fail to comply with any term of the DPA.
(3) Where
the independent monitor submits a report referred to in paragraph (1)(c),
the independent monitor must provide the Attorney General with all evidence in
the possession or control of the independent monitor relating to the substance
of the report.
(4) Paragraph (5)
applies if, on an application to the Court by the Attorney General, the Court
is satisfied that there is reasonable cause to believe that –
(a) the entity, or a
connected person in relation to the entity, has –
(i) breached any term of the DPA, or any order
made by the Court in relation to the DPA, or
(ii) done any act which could
be the substance of a report under paragraph (1)(c); and
(b) evidence of the breach or
act is to be found in any records of, or under the control of, the entity or
the connected person (as the case may be).
(5) Where
this paragraph applies, the Court may make an order –
(a) authorising the
independent monitor to inspect the records mentioned in paragraph (4)(b)
for the purpose of investigating and obtaining evidence of the breach or act;
or
(b) requiring a person named
in the order to produce and make available those records to the independent
monitor at a time and a place specified in the order.
(6) A
hearing at which an application under paragraph (4) is determined must be
held in private, any order under paragraph (5) must be made in private.
(7) Paragraph (8)
applies to a person who was the independent monitor in relation to a DPA
immediately before the expiry or termination of the DPA (“former independent
monitor”).
(8) Where
it appears to the former independent monitor that the entity, or a connected
person in relation to the entity, has done any act which could be the substance
of a report under paragraph (1)(c), the former independent monitor must
report to the Attorney General and the report must comply with the requirements
of paragraph (3).
(9) Except
as required under any enactment, the terms of the DPA, or an order of a court,
the independent monitor must not disclose any information or documents received
or obtained in the course of carrying out the functions described in this
Article, other than –
(a) to the Attorney General;
(b) to another person where
the disclosure is reasonably necessary to enable the independent monitor to
carry out those functions.
9 Duties on entities and
connected persons
(1) An
entity that has entered into a DPA must –
(a) on request, provide the
independent monitor with any information or documents that the independent
monitor may require in order to carry out the functions described in Article 8;
(b) provide any assistance to
the independent monitor in the carrying out of those functions as the
independent monitor may reasonably request;
(c) provide the independent monitor
with all other information and documents which may assist the independent
monitor in carrying out those functions, and any further assistance that the
entity is reasonably able to give.
(2) An
entity commits an offence and is liable to a fine if it –
(a) fails, without reasonable
excuse, to comply with an obligation imposed by paragraph (1); or
(b) knowingly
or recklessly provides information that is false or misleading in purported
compliance with an obligation imposed by paragraph (1).
(3) If
an offence mentioned in paragraph (2) is proved to have been committed
with the consent or connivance of a connected person in relation to the entity,
the connected person is also guilty of the offence, and liable in the same
manner as the entity to a fine.
(4) A
connected person in relation to the entity must –
(a) on request, provide the
independent monitor with any information or documents that the independent
monitor may require in order to carry out the functions described in Article 8;
(b) provide any assistance to
the independent monitor in the carrying out of those functions as the
independent monitor may reasonably request, including by attending on the
independent monitor at reasonable times and at reasonable notice when requested
to do so; and
(c) notify the independent
monitor in writing of any change, of which they are aware, in the information provided
under this Article that may affect –
(i) the carrying out of those functions,
(ii) the entity’s ability to
comply with its obligations under the DPA.
(5) A
connected person in relation to an entity commits an offence and is liable to imprisonment for a term not exceeding 12 months
and to a fine if the connected person –
(a) fails,
without reasonable excuse, to comply with an obligation imposed by paragraph (4);
(b) knowingly or recklessly
provides information that is false or misleading in purported compliance with
an obligation imposed by paragraph (4).
(6) Paragraph (7)
applies where a connected person provides
a statement to the independent monitor pursuant to a requirement under paragraph (4).
(7) Where
this paragraph applies, the statement provided may not be used in evidence
against the connected person on a prosecution for any offence other than an offence
under paragraph (5).
10 Breach of a DPA
(1) The
Attorney General may make an application to the Court if, at any time while a
DPA is in force, the Attorney General has reasonable grounds to suspect that
the entity has failed to comply with the terms of the DPA.
(2) On
an application under paragraph (1) the Court must decide on the balance of
probabilities whether the entity has failed to comply with the terms of the DPA.
(3) If
the Court finds that the entity has failed to comply with the terms of the DPA,
it may –
(a) invite the Attorney
General and the entity to agree proposals to remedy the entity’s failure to
comply; or
(b) terminate the DPA.
(4) The
Court must give reasons for its decisions under paragraphs (2) and (3).
(5) A hearing at which an application under paragraph (1)
is determined must be held in private, any decision under paragraph (2) or
(3) must be made in private, and any reasons under paragraph (4) must be
given in private.
11 Variation of a DPA
(1) At
any time while a DPA is in force, the Attorney General and the entity may agree
to vary its terms if –
(a) the Court has invited the
parties to vary the DPA under Article 10(3)(a); or
(b) variation of the DPA is
necessary to avoid a failure by the entity to comply with its terms in circumstances
that were not, and could not reasonably have been, foreseen by the Attorney
General or the entity at the time that the DPA was agreed.
(2) When
the Attorney General and the entity have agreed to vary the terms of a DPA, the
Attorney General must apply to the Court for a declaration that –
(a) the variation is in the
interests of justice; and
(b) the terms of the DPA as
varied are fair, reasonable, and proportionate.
(3) A
variation of a DPA takes effect when it is approved by the Court making a
declaration under paragraph (2).
(4) The
Court must give reasons for its decision whether or not to make a declaration
under paragraph (2).
(5) A hearing at which an application under paragraph (2)
is determined must be held in private, any decision under paragraph (2)
must be made in private, and any reasons under paragraph (4) must be given
in private.
12 Discontinuance of DPA proceedings
on expiry of a DPA
(1) If
a DPA remains in force until its expiry date then, after the expiry of the DPA,
the Attorney General must discontinue the proceedings in relation to the
offence by giving notice to the Court under Article 81A(2) of the Criminal
Procedure Law.
(2) Where
DPA proceedings are discontinued, fresh criminal proceedings may not be
instituted against the entity in relation to the offence specified in the
indictment unless paragraph (3) applies.
(3) This
paragraph applies where, after the DPA has expired, the Attorney General finds
that during the course of the negotiations for the DPA the entity –
(a) provided
inaccurate, misleading, or incomplete information to the Attorney General;
and
(b) knew or ought to have
known that the information was inaccurate, misleading, or incomplete.
(4) A
DPA is not to be treated as expiring on its expiry date for the purposes of
paragraphs (1) and (3) and Article 7(10)(b) in the circumstances
described in paragraph (5), (6) or (7).
(5) Where,
on the expiry date specified in the DPA, an application made under Article 10(1)
has not yet been decided by the Court –
(a) if the Court decides that
the entity has not failed to comply with the terms of the DPA, or that the
entity has failed to comply but does not take action under Article 10(3),
the DPA is treated as expiring when the application is decided;
(b) if the Court terminates
the DPA under Article 10(3)(b), the DPA is treated as not having remained
in force until its expiry date;
(c) if the Court invites the
parties under Article 10(3)(a) to agree proposals to remedy the entity’s
failure to comply, the DPA is treated as expiring when the parties have reached
an agreement and the entity has complied with it.
(6) Where,
on the expiry date specified in the DPA, the Court has invited the parties
under Article 10(3)(a) to agree proposals to remedy the entity’s failure
to comply but the parties have not yet reached an agreement, the DPA is treated
as expiring when the parties have reached an agreement and the entity has
complied with it.
(7) Where,
on the expiry date specified in the DPA, the parties have agreed proposals to
remedy the entity’s failure to comply following an invitation of the Court
under Article 10(3)(a) but the entity has not yet complied with the
agreement, the DPA is treated as expiring when the entity complies with the
agreement.
13 Publication of
information by the Attorney General
(1) The
Court may order that the publication of information by the Attorney General under
Article 7(8) be postponed, for such period as the Court considers
necessary or indefinitely, if it appears to the Court that postponement is
necessary –
(a) for avoiding a
substantial risk of prejudice to the administration of justice in any legal
proceedings; or
(b) for some other substantial
reason.
(2) The
Court may order, on the application of the Attorney General or the entity, or
of its own motion, that any of the following be published by the Attorney
General, if it appears to the Court that publication is in the public
interest –
(a) in relation to an
application under Article 10(1) –
(i) a decision of the Court under Article 10(2)
or (3) and any reasons for that decision given under Article 10(4),
(ii) where the DPA is
terminated by the Court under Article 10(3)(b), that fact;
(b) where the Attorney
General believes that the entity failed to comply with the terms of the DPA but
decided not to make an application under Article 10(1), details relating
to that decision including the Attorney General’s reasons –
(i) for believing that the entity has failed
to comply with the DPA, and
(ii) for deciding not to make
the application;
(c) in relation to an
application under Article 11 –
(i) a decision of the Court under Article 11(2)
and any reasons for that decision given under Article 11(4),
(ii) where the Court approved
the variation of the DPA, the DPA as varied;
(d) where DPA proceedings are
discontinued under Article 12(1) –
(i) that fact, and
(ii) details of the entity’s
compliance with the DPA.
(3) A
hearing at which an application under paragraph (2) is determined must be
held in private, and any decision under paragraph (2) must be made in
private.
Part 4
Miscellaneous
provisions
14 Attorney General’s
Guidance
(1) The
Attorney General must issue guidance (the “Attorney General’s Guidance”) in
relation to the application of this Law which may, in particular, include
guidance on –
(a) the process of submitting
a self-report;
(b) the principles to be
applied in determining, for the purposes of Article 5, whether evidence
submitted is reasonably capable of demonstrating that a specified offence has
been committed;
(c) the principles to be
applied in determining the amount of costs to be met by an entity under Article 5(3);
(d) the principles to be
applied in determining, for the purposes of Article 5(2) and (5), whether
it is in the interests of justice to enter into a DPA with an entity;
(e) the process of
negotiating and agreeing a DPA;
(f) the content of a DPA
including the requirements that a DPA may impose on an entity, and the amount
of any financial penalty or costs which may be imposed;
(g) the use by the Attorney
General of information obtained in the course of negotiations for a DPA;
(h) the appointment and role
of the independent monitor, and the persons who are eligible to be nominated as
an independent monitor;
(i) the circumstances in
which it may be reasonably necessary for the independent monitor to disclose
information or documents as described in Article 8(9)(b);
(j) the steps that may be
taken by the Attorney General in relation to a suspected breach of a DPA;
(k) the termination of a DPA
under Article 10(3)(b) and steps that may be taken by the Attorney General
following termination; and
(l) the variation of a DPA
under Article 11.
(2) The
Attorney General may at any time vary, or withdraw and replace, the Attorney
General’s Guidance.
(3) The
Attorney General must publish the Attorney General’s Guidance, and any
variation or replacement, in such manner as the Attorney General thinks fit.
15 Use of material in
criminal proceedings
(1) Paragraph (2)
applies where a DPA has been approved by the Court under Article 7(2)(a).
(2) Where
this paragraph applies, in any criminal proceedings brought against the entity
for the specified offence, any statement of facts contained in the DPA is to be
treated as an admission by the entity under Part 2 (formal admissions) of
the Criminal Justice
(Evidence and Procedure) (Jersey) Law 1998.
(3) Paragraph (4)
applies where the Attorney General and the entity have entered into
negotiations for a DPA but the DPA has not been approved by the Court under Article 7(2)(a).
(4) Where
this paragraph applies, material described in paragraph (5) may only be
used in evidence against the entity –
(a) on a prosecution for an
offence consisting of the provision of inaccurate, misleading, or incomplete
information; or
(b) on a prosecution for some
other offence where –
(i) in giving evidence the entity makes a
statement inconsistent with the material, and
(ii) evidence relating to the
material is adduced, or a question relating to it is asked, by or on behalf of
the entity in the proceedings arising out of the prosecution.
(5) The
material mentioned in paragraph (4) is –
(a) material that shows that
the entity entered into negotiations for a DPA, including in particular –
(i) any draft of the DPA,
(ii) any draft of any
statement of facts intended to be contained in the DPA,
(iii) any statement indicating
that the entity entered into those negotiations;
(b) material that was created
solely for the purpose of preparing the self-report, the DPA, or any statement
of facts.
(6) Except
as provided for in paragraphs (1) to (5), where proceedings in relation to
a specified offence are progressed under Article 81A(1) of the Criminal
Procedure Law, any enactment or principle of customary law relating to criminal
procedure and evidence applies to those proceedings as it would apply if the
suspension under Article 14(1B) of the Criminal Procedure Law had not
occurred.
16 Money paid in relation to
a DPA
Where an entity is
required to pay a financial penalty under this Law, any payment made by, or on
behalf of, the entity must be paid into the Criminal Offences Confiscations
Fund established by Article 24 of the Proceeds of Crime
(Jersey) Law 1999, in accordance with any term specified in the DPA or
an order of the Court.
17 Limitation of liability
of Attorney General
(1) Paragraph (2)
applies to –
(a) the Attorney General; and
(b) any person who 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 or for consequential
loss 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 so as to prevent an award of damages made in respect of an
act –
(a) if it is shown that the
act was done in bad faith; or
(b) 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 is not liable in costs for any DPA proceedings under Parts 2
and 3 of this Law, except where it is shown that the DPA proceedings were
commenced, or (having been lawfully commenced) were continued, in bad faith.
18 Consequential amendments
(1) Schedule 2
contains consequential amendments.
(2) The
States may by Regulations make such amendments to any enactment as appear to
the States to be necessary or expedient –
(a) for the general purposes,
or any particular purpose, of this Law; or
(b) in consequence of any
provision made by or under this Law.
19 Transitional provisions
(1) Conduct
constituting a specified offence that occurred before the relevant date may be
taken into account for the purposes of this Law.
(2) In
paragraph (1) “the relevant date” means –
(a) in the case of a specified
offence that is specified in Schedule 1 on the day this Law comes into
force, that day; and
(b) in the case of a
specified offence that is subsequently added to Schedule 1, the day on
which the Regulations or other enactment adding that specified offence come
into force.
(3) Where
conduct that occurred before this Law comes into force –
(a) constituted an offence
under an enactment or under the customary law of Jersey at the time of that
conduct (an “old offence”); and
(b) would constitute a
specified offence if it occurred on or after the day this Law comes into force,
this Law applies as if the
specified offence included the old offence.
20 Citation and commencement
This Law may be cited as
the Criminal Justice (Deferred Prosecution Agreements) (Jersey) Law 2023 and
comes into force 7 days after it is registered.