Terrorism
(Enforcement of External Orders) (Jersey) Regulations 2008
1 Interpretation
(1) In these
Regulations –
“external forfeiture order” has the same meaning as in
paragraph 11(3)(a) of Schedule 3 to the Law;
“external order” has the same meaning as in
paragraph 11(2) of Schedule 3 to the Law;
“external restraint order” has the same meaning as in
paragraph 11(3)(b) of Schedule 3 to the Law;
“Law” means the Terrorism (Jersey) Law 2002.
(2) In these Regulations,
any reference to the appropriate authority of a country or territory outside
Jersey is a reference to the authority appearing to the Royal Court to be the
appropriate authority of that country or territory for the purposes of these
Regulations.
2 Time
when proceedings are instituted and concluded
(1) For the purposes of
these Regulations, proceedings are instituted in a country or territory outside
Jersey –
(a) when,
in accordance with the laws of the country or territory, its appropriate
authority has begun criminal proceedings in which an external forfeiture order
could be made; or
(b) when an
application has been made to a court of that 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.
(2) For the purposes of
these Regulations, proceedings are concluded in a country or territory outside
Jersey –
(a) when
an external forfeiture order has been made in those proceedings and effect has
been given to it in respect of all the money or other property to which it
applies; or
(b) when
(disregarding any power of a court of the country or territory outside Jersey
to grant leave to appeal out of time) there is no further possibility of an
external forfeiture order being made in the proceedings.
(3) For the purposes of
these Regulations, an external 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.
3 Proof
of orders and judgments of court of a country or territory outside Jersey
(1) For the purpose 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 that 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 by any person in that person’s capacity as
a judge, magistrate or officer of the court in question or by, or on behalf of,
the appropriate authority of that country or territory.
4 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
an external order is in force there and is not subject to appeal;
(c) that
property recoverable in that country or territory under an external order
remains unrecovered there;
(d) that
any person has been notified of any proceedings in accordance with the law of
that country or territory; or
(e) that
an order (however described) made by a court of that country or territory is an
external order, or that an order, if made by a court of that country or
territory, would be an external order,
shall be admissible as evidence of the facts so stated.
(2) For the purposes of
these Regulations, 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 summarise 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 that person’s capacity as judge, magistrate or officer of
the court of the country or territory concerned; or
(b) by or
on behalf of the appropriate authority of that country or territory,
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
summarising 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.
5 Representation
of government of a country or territory outside Jersey
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 in proceedings pursuant to these Regulations.
6 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) it 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 in which the relevant order was made, that the person received
notice of the proceedings in sufficient time to enable that 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 judgement; and
(b) an
application for a new trial or a stay of execution.
7 Registration
of external restraint orders
(1) On an application made
on behalf of the government of a country or territory outside Jersey, the Royal
Court may, subject to paragraph (2), register an external restraint order
made there if –
(a) it is
satisfied that, at the time of registration, the order is in force; and
(b) it is
of the opinion that enforcing the order in Jersey would not be contrary to the
interests of justice.
(2) An external restraint
order may only be registered where –
(a) proceedings
have been instituted against a person in a country or territory outside Jersey,
the proceedings have not been concluded, and either an external forfeiture
order has been made in the proceedings or it appears to the Royal Court that
there are reasonable grounds for thinking that such an order may be made in
those proceedings; or
(b) proceedings
are to be instituted against a person in a country or territory outside Jersey
and there are reasonable grounds for thinking that an external forfeiture order
may be made in those proceedings.
8 Implementation
of registered external forfeiture orders
(1) If an external
forfeiture order is registered in the Royal Court under Regulation 6(1),
the Royal Court shall have, in relation to that order, the same powers as it
has under paragraph 1(1) of Schedule 3 to the Law in relation to a
forfeiture order (and paragraph 2 of that Schedule applies accordingly).
(2) After making any
payment required by virtue of paragraph 1(1)(d) or 2(2) of Schedule 3
to the Law, the balance of any sums received by the Viscount by virtue of an
order made under paragraph (1) shall be credited to the consolidated fund.
9 Provisions
applicable where external restraint order has been registered
Paragraphs 6 and 7 of Schedule 3 to the Law shall apply to an
external restraint order registered in the Royal Court under
Regulation 7(1) as they apply to a restraint order.
10 Enforcement
of registered external orders
(1) Without prejudice to
the foregoing provisions, if an external order is registered in the Royal Court
under Regulation 6 or 7 –
(a) the
Royal Court shall have, in relation to its enforcement, the same power;
(b) proceedings
for or with respect to its enforcement may be taken; and
(c) proceedings
for or with respect to any contravention of such an order (whether before or
after such registration) may be taken,
as if the order had originally been made in the Royal Court.
(2) The Royal Court may,
additionally, for the purpose of –
(a) assisting
the achievement in Jersey of the purposes of an external order; or
(b) assisting
the Viscount to sell or otherwise dispose of property,
make such orders or do otherwise as seems to it appropriate.
11 Citation
These Regulations may be cited as the Terrorism (Enforcement of
External Orders) (Jersey) Regulations 2008.