Proceeds of Crime (Amendment No. 2) (Jersey) Law 2009

A LAW to amend further the Proceeds of Crime (Jersey) Law 1999.

Adopted by the States                                          12th September 2008

Sanctioned by Order of Her Majesty in Council       18th March 2009

Registered by the Royal Court                                       3rd April 2009

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

1        Interpretation

In this Law “principal Law” means the Proceeds of Crime (Jersey) Law 1999[1].

2        Article 1 amended

In Article 1(1) of the principal Law there shall be inserted the following definitions in the appropriate places –

“ ‘designated police officer’ means a police officer who is designated under Article 34E(1) or, if no one is for the time being designated, the Chief Officer of the States of Jersey Police Force;”;

“ ‘designated customs officer’ means an officer of the Impôts who is designated under Article 34E(2) or, if no one is for the time being designated, the Agent of the Impôts.”.

3        Article 29 amended

For Article 29(1) of the principal Law there shall be substituted the following paragraph –

“(1)    Information that is disclosed –

(a)     to a police officer under –

(i)      any of Articles 32, 33 or 34A, or

(ii)      any Order made under Article 37; or

(b)     to a designated police officer or designated customs officer,

shall not be disclosed by that officer or by any person who obtains information directly or indirectly from that officer, unless its disclosure is permitted under Article 30 or 31.”.

4        Article 34D amended

In Article 34D of the principal Law –

(a)     in the heading and in paragraphs (4) and (9) for the words “police officer or to a” there shall be substituted the words “designated police officer, designated customs officer or”;

(b)     for paragraph (7) there shall be substituted the following paragraphs –

“(7)    In deciding whether a person has committed an offence under this Article, the court –

(a)     shall take account of any relevant Code of Practice or guidance that applies to that person or the business carried on by that person and is issued by the supervisory body exercising supervisory functions in respect of that person; or

(b)     if no such Code of Practice or guidance applies, shall take into account any relevant Code of Practice or guidance that is issued by another supervisory body; or

(c)     if there is no such relevant Code of Practice or guidance, may take account of any other relevant guidance issued by a body that is representative of that person or any supervised business carried on by that person.

(7A)   For the purposes of paragraph (7), ‘Code of Practice’, ‘supervised business’, ‘supervisory body’ and ‘supervisory functions’ have the same meaning as in the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008[2].”.

5        Article 34E inserted

After Article 34D of the principal Law there shall be inserted the following Article –

“34E Designated police and customs officers

(1)     The Chief Officer of the States of Jersey Police Force may by public notice designate one or more police officers (whether by reference to the name of the officer or officers or post), being members of that Force, for the purposes of Article 34D.

(2)     The Agent of the Impôts may by public notice designate one or more officers of the Impôts for the purposes of Article 34D.”.

6        Article 35 amended

In Article 35(2)(a) and (3)(a) of the principal Law after the words “has been” there shall be inserted the words “or will be”.

7        Schedule 3 amended

In Schedule 3 to the principal Law –

(a)     in Part 1 paragraph 1(1) for the words “a financial services business to which” there shall be substituted the words “ a person carrying on a financial services business to whom”;

(b)     for Part 1 paragraph 1(2) there shall be substituted the following sub-paragraph –

“(2)    An order under this Part of this Schedule may provide that it applies to –

(a)     all persons carrying on a financial services business;

(b)     a particular description, or particular descriptions, of persons carrying on a financial services business; or

(c)     a particular person, or particular persons, carrying on a financial services business.”;

(c)     in Part 1 paragraph 1(4) for the words “A financial services business that” there shall be substituted the words “ A person carrying on a financial services business who”;

(d)     for Part 1 paragraph 1(5) there shall be substituted the following sub-paragraph –

“(5)    It is a defence for a person carrying on a financial services business who is charged with an offence under sub-paragraph (4) to prove –

(a)     that the information required was not in the possession of the person carrying on the financial services business; or

(b)     that it was not reasonably practicable for the person carrying on the financial services business to comply with the requirement.”;

(e)     in Part 1 paragraph 1(6) for the words “a financial services business that” there shall be substituted the words “A person carrying on a financial services business who”;

(f)      for Part 1 paragraph 6(2) there shall be substituted the following sub-paragraph –

“(2)    For the purposes of this Part of this Schedule ‘business relationship’ means a business, professional or commercial relationship between a person carrying on a financial services business and a customer where that relationship is expected by the first person, at the time when contact is established, to have an element of duration.”;

(g)     for Part 2 paragraph 1(3) there shall be substituted the following sub-paragraph –

“(3)    The application for an account monitoring order must state that the order is sought against the person specified in the application carrying on a financial services business in relation to information which –

(a)     relates to an account or accounts held with the person carrying on a financial services business by the person specified in the application (whether solely or jointly with another); and

(b)     is of the description so specified.”;

(h)     for Part 2 paragraph 1(4)(a) there shall be substituted the following clause –

“(a)    all accounts that the person specified in the application for the order holds with the other person specified in the application carrying on the financial services business;”;

(i)      in Part 2 paragraph 1(5) for the words “the financial services business specified in the application for the order” there shall be substituted the words “the person specified in the application for the order carrying on a financial services business”;

(j)      for Part 2 paragraph 5(1) there shall be substituted the following sub-paragraph –

“(1)    A statement made by a person carrying on a financial services business in response to an account monitoring order may not be used in evidence against that person in criminal proceedings.”;

(k)     in the following provisions there shall be inserted before the words “financial services business” each place they occur the words “person carrying on a” –

(i)      Part 1 paragraphs 6(1)(a) and 7(1), and

(ii)      Part 2, paragraphs 1(1), 5(2) and (3).

8        Citation and commencement

(1)     This Law may be cited as the Proceeds of Crime (Amendment No. 2) (Jersey) Law 2009.

(2)     This Law shall come into force 7 days after it is registered.

m.n. de la haye

Greffier of the States

 


 



[1]                                    chapter 08.780

[2]                                    chapter 08.785


Page Last Updated: 06 Jun 2015