Criminal Justice
(International Co-operation) (Jersey) Regulations 2008
1 Interpretation
In these Regulations, unless the context
otherwise requires –
“appropriate authority of a country or territory outside
Jersey” means the authority appearing to the Royal Court to be the
appropriate authority of the country or territory for the purposes of these
Regulations;
“court of a country or territory outside Jersey”
includes a court of any state of the country or territory;
“defendant” has the meaning given in
Regulation 2(3);
“external forfeiture order” has the meaning given in
Regulation 2(1) and (2);
“Law” means the Criminal Justice (International Co-operation)
(Jersey) Law 2001;
“property” means all property whether movable or
immovable, vested or contingent and whether situated in Jersey or elsewhere;
“restraint order” has the meaning given in
Regulation 3(1);
“serious offence”, in respect of an offence committed in
a country or territory outside Jersey, means an offence that would constitute a
serious offence if the conduct constituting the offence occurred in Jersey.
(2) Proceedings are
instituted in a country or territory outside Jersey–
(a) when
the defendant has been notified in writing in accordance with the laws of the
country or territory that proceedings have begun there against the defendant in
respect of a serious offence; or
(b) when
an application has been made to a court of the country or territory for an
external forfeiture order,
and where the application of this paragraph would result in there
being more than one time for the institution of proceedings, they shall be
taken to have been instituted at the earlier of these times.
(3) Proceedings are
concluded in a country or territory outside Jersey –
(a) when
(disregarding any power of a court of the country or territory to grant leave
to appeal out of time) there is no further possibility of an external
forfeiture order being made in the proceedings; or
(b) on
the satisfaction of an external forfeiture order made in the proceedings
(whether by recovery of all property liable to be recovered or otherwise).
(4) An order is subject to
appeal until (disregarding any power of a court to grant leave to appeal out of
time) there is no further possibility of an appeal on which the order could be
varied or set aside.
2 External forfeiture orders
(1) An order made by a
court of a country or territory outside Jersey for the forfeiture and
destruction or forfeiture and other disposal, of anything in respect of which a
serious offence has been committed or which was used or intended for use in
connection with the commission of such an offence is referred to in these
Regulations as an “external forfeiture order”.
(2) In paragraph (1)
the reference to an order includes any order, decree, direction or judgment, or
any part thereof, however described.
(3) A person against whom
an external forfeiture order has been made, or a person against whom
proceedings which may result in an external forfeiture order being made have
been, or are to be, instituted in a court of a country or territory outside
Jersey, is referred to in these Regulations as the “defendant”.
3 Restraint orders
(1) The Royal Court may, in
accordance with this Regulation, by an order (referred to in these Regulations
as a “restraint order”) authorize the Viscount to seize and detain
any property in respect of which an external forfeiture order has been made or
in respect of which such an order could be made in the proceedings referred to
in paragraph (2) or (3).
(2) A restraint order may
be made where –
(a) proceedings
have been instituted against the defendant in a country or territory outside
Jersey;
(b) the
proceedings have not been concluded; and
(c) it
appears to the Royal Court that there are reasonable grounds for believing that
an external forfeiture order may be made in the proceedings.
(3) A restraint order may
also be made where it appears to the Royal Court –
(a) that
proceedings are to be instituted against the defendant in a country or
territory outside Jersey; and
(b) that
there are reasonable grounds for believing that an external forfeiture order
may be made in the proceedings.
(4) Where the Royal Court
has made an order under paragraph (3), it shall discharge the order if the
proposed proceedings are not instituted within such time as the Court considers
reasonable.
(5) A restraint
order –
(a) may
be made only on an application on behalf of the Government of a country or
territory outside Jersey;
(b) may
be made on an ex parte
application to the Bailiff in Chambers; and
(c) shall
provide for service on, or the provision of notice to, persons affected by the
order in such manner as the Royal Court may direct.
(6) A restraint
order –
(a) may
be discharged or varied in relation to any property; and
(b) shall
be discharged when the proceedings in relation to which the order was made are
concluded.
(7) An application for the
discharge or variation of a restraint order may be made by any person affected
by it.
(8) Property seized and
detained under this Regulation shall be dealt with in accordance with the
directions of the Royal Court.
4 Viscount – supplementary provisions
Where the Viscount takes any action under
Regulation 3 –
(a) in relation to property
which is not liable to recovery under an external forfeiture order, being
action which the Viscount would be entitled to take if it were such property;
(b) believing and having
reasonable grounds for believing that the Viscount is entitled to take that
action in relation to that property,
the Viscount shall not be liable to any person in respect of any
loss or damage resulting from the Viscount’s action except in so far as
the loss or damage is caused by the Viscount’s negligence.
5 Registration of external forfeiture orders
(1) On an application made
on behalf of the Government of a country or territory outside Jersey, the Royal
Court may register an external forfeiture order made there if –
(a) the
Royal Court is satisfied that at the time of registration the order is in force
and not subject to appeal;
(b) it is
satisfied, where the person against whom the order is made did not appear in
the proceedings, that the person received notice of the proceedings in
sufficient time to enable the person to defend them; and
(c) it is
of the opinion that enforcing the order in Jersey would not be contrary to the
interests of justice.
(2) In paragraph (1) “appeal”
includes –
(a) any
proceedings by way of discharging or setting aside a judgment; and
(b) an
application for a new trial or a stay of execution.
(3) The Royal Court shall
cancel the registration of an external forfeiture order if it appears to the
Court that the order has been satisfied by the forfeiture of the property
liable to be recovered under the external forfeiture order or by any other
means.
6 Disposal
of forfeited property
(1) Where an external
forfeiture order has been registered in the Royal Court under
Regulation 5, the Court may, on the application of the Attorney General,
order the forfeiture of the property specified in the external forfeiture
order.
(2) Property forfeited
under paragraph (1) shall be disposed of in accordance with the directions
of the Royal Court.
(3) The Royal Court shall
not in respect of any property exercise the powers conferred by paragraphs (1)
and (2) unless a reasonable opportunity has been given for persons holding any
interest in the property to make representations to the Court.
7 Proof
of order or judgment of court of a country or territory outside Jersey
(1) For the purposes of
these Regulations –
(a) any
order made or judgment given by a court of a country or territory outside
Jersey purporting to bear the seal of that court, or to be signed by any person
in the person’s capacity as a judge, magistrate or officer of the court,
shall be deemed without further proof to have been duly sealed or, as the case
may be, to have been signed by that person; and
(b) a
document, duly authenticated, which purports to be a copy of any order made or
judgment given by a court of a country or territory outside Jersey shall be
deemed without further proof to be a true copy.
(2) A document purporting
to be a copy of any order made or judgment given by a court of a country or
territory outside Jersey is duly authenticated for the purposes of paragraph (1)(b)
if it purports to be certified –
(a) by
any person in the person’s capacity as a judge, magistrate or officer of
the court in question; or
(b) by or
on behalf of the appropriate authority of the country or territory.
8 Evidence
in relation to proceedings and orders in a country or territory outside Jersey
(1) For the purposes of
these Regulations, a certificate purporting to be issued by or on behalf of the
appropriate authority of a country or territory outside Jersey
stating –
(a) that
proceedings have been instituted there and have not been concluded, or that
proceedings are to be instituted there;
(b) that
the defendant has been notified as specified in Regulation 1(2)(a);
(c) that
an external forfeiture order is in force and is not subject to appeal;
(d) that
property recoverable in the country or territory outside Jersey under an
external forfeiture order remains unrecovered there;
(e) that
any person has been notified of any proceedings in accordance with the law of
the country or territory outside Jersey; or
(f) that
an order (however described) made or to be made by a court of the country or
territory outside Jersey is for the forfeiture and destruction or the
forfeiture and other disposal of anything in respect of which a serious offence
has been committed or which was used or intended for use in connection with the
commission of such an offence,
shall be admissible as evidence of the facts so stated.
(2) A statement contained
in a document, duly authenticated, which purports to have been received in evidence
or to be a copy of a document so received, or to set out or summarize evidence
given in proceedings in a court of a country or territory outside Jersey, shall
be admissible as evidence of any fact stated therein.
(3) A document is duly
authenticated for the purposes of paragraph (2) if it purports to be
certified –
(a) by
any person in the person’s capacity as judge, magistrate or officer of
the court of the country or territory outside Jersey; or
(b) by or
on behalf of the appropriate authority of the country or territory outside
Jersey,
to have been received in evidence or to be a copy of a document so
received, or, as the case may be, to be the original document containing or
summarizing the evidence or a true copy of that document.
(4) Nothing in this Regulation
shall prejudice the admission of any evidence, whether contained in any
document or otherwise, which is admissible apart from this Regulation.
9 Certificate
of appropriate authority of country or territory outside Jersey
A certificate made by the Attorney General to the effect that the
authority specified in it is, for the purposes of these Regulations, the
appropriate authority of a specified country or territory outside Jersey shall
be sufficient evidence of that fact.
10 Representation
of Government of a country or territory outside Jersey
(1) In any proceedings
pursuant to these Regulations the Government of a country or territory outside
Jersey shall be represented by the Attorney General.
(2) In any such proceedings
a request for assistance sent to the Attorney General by the appropriate
authority of a country or territory outside Jersey shall, unless the contrary
is shown, be deemed to constitute the authority of the Government of that
country or territory for the Attorney General to act on the Government’s
behalf.
11 Citation
These Regulations may be cited as the Criminal Justice (International Co‑operation)
(Jersey) Regulations 2008.