Proceeds of Crime (Amendment No. 3) (Jersey) Law 2018

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

Adopted by the States                                                    10th July 2018

Sanctioned by Order of Her Majesty in Council    10th October 2018

Registered by the Royal Court                                19th October 2018

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 5 amended

In Article 5 of the principal Law, for paragraph (1) there shall be substituted the following paragraph –

“(1)    This Article applies for the purposes of Article 3 where a defendant appears before the Court to be sentenced in respect of a qualifying offence –

(a)     if the Attorney General asks the Court to apply it for the purposes of that Article; or

(b)     if the Court considers that, even though the Attorney General has not asked it to do so, it is appropriate for it to do so.”.

3        Article 29 amended

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

“(1)    For the purposes of this Part –

‘criminal property’ includes –

(a)     any property derived from or obtained, directly or indirectly, through criminal conduct, if the alleged offender knows or suspects that the property is derived from or obtained, directly or indirectly, through criminal conduct; and

(b)     any property that is used in, or intended to be used in, criminal conduct, if the alleged offender knows or suspects that the property is used in, or is intended to be used in, criminal conduct.”.

4        Citation and commencement

This Law may be cited as the Proceeds of Crime (Amendment No. 3) (Jersey) Law 2018 and shall come into force 7 days after it is registered.

w.j.c. millow

Assistant Greffier of the States

 


 



[1]                                    chapter 08.780


Page Last Updated: 24 Oct 2018