Proceeds of Crime (Miscellaneous Amendments No. 2) (Jersey) Regulations 2021

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Proceeds of Crime (Miscellaneous Amendments No. 2) (Jersey) Regulations 2021

Made                                                                                                       30th June 2021

Coming into force                                             in accordance with Regulation 4

THE STATES make these Regulations under Articles 1(9), 2(11) and 28A of the Proceeds of Crime (Jersey) Law 1999 –

1        Article 1(1) (interpretation) of the Proceeds of Crime (Jersey) Law 1999 amended

In Article 1(1) of the Proceeds of Crime (Jersey) Law 1999 –

(a)     before the definition “Commission”, there is inserted –

“ “beneficiary” has the meaning given by Article 1(1) of the Trusts (Jersey) Law 1984”;

(b)     after the definition “saisie judiciaire” there is inserted –

“ “trust” has the meaning given by Article 1(1) of the Trusts (Jersey) Law 1984;

trust property” means the property for the time being held in a Jersey trust as defined by Article 1(1) of the Trusts (Jersey) Law 1984 or a foreign trust as defined by that Article;”.

2        Article 2 (meanings of expressions relating to realisable property) of the Proceeds of Crime (Jersey) Law 1999 amended

In Article 2 of the Proceeds of Crime (Jersey) Law 1999 –

(a)     for paragraph (9) there is substituted –

“(9)    A gift (including a gift made before the commencement of this Article) is caught by Part 2 if –

(a)     it was made by the defendant at any time after the commission of the relevant offence or, if more than one, the earliest of the relevant offences; and

(b)     the Court considers it appropriate in all the circumstances to take the gift into account.

(9A)   A gift (including a gift made before the commencement of this Article) made by the defendant into a trust is caught by Part 2 if –

(a)     it was made within the period of 5 years preceding the commission of the relevant offence or, if more than one, the earliest of the relevant offences;

(b)     the Court considers it appropriate in all the circumstances to take the gift into a trust into account; and

(c)     at any point after the reference date any of the following apply –

(i)      the defendant is a beneficiary (including a discretionary beneficiary) of the trust,

(ii)      the trustees of the trust have the power to add the defendant as a beneficiary of the trust, or

(iii)     written documents of any kind exist which anticipate the defendant benefitting from the trust property at some future time.

(9B)   In paragraphs (9) and (9A), “relevant offence” means an offence to which the proceedings for the time being relate, and includes, where the proceedings have resulted in the conviction of the defendant, a reference to any offence that the Court takes into consideration when determining the defendant’s sentence.

(9C)   In paragraph (9A) “reference date” means the date that is 5 years before the date of commission of the relevant offence, or, if more than one, the earliest of the relevant offences.”;

(b)     in paragraph (10) after “to another person” there is inserted “or into a trust”.

3        Schedule to the Proceeds of Crime (Enforcement of Confiscation Orders) (Jersey) Regulations 2008 amended

For paragraph 2(d) of the Schedule to the Proceeds of Crime (Enforcement of Confiscation Orders) (Jersey) Regulations 2008 there is substituted –

“(d)    for paragraphs (9) and (9A) there is substituted –

“(9)    A gift (including a gift made before the commencement of the Enforcement Regulations) is caught by this Law if –

(a)     it was made by the defendant at any time after the conduct to which the external confiscation order relates; and

(b)     the Court considers it appropriate in all the circumstances to take the gift into account.

(9A)   A gift (including a gift made before the commencement of the Enforcement Regulations) made by the defendant into a trust is caught by this Law if –

(a)     it was made within the period of 5 years preceding the conduct to which the external confiscation order relates;

(b)     the Court considers it appropriate in all the circumstances to take the gift into a trust into account; and

(c)     at any point after the reference date any of the following apply –

(i)      the defendant is a beneficiary (including a discretionary beneficiary) of the trust,

(ii)      the trustees of the trust have the power to add the defendant as a beneficiary of the trust, or

(iii)     written documents of any kind exist which anticipate the defendant benefitting from the trust property at some future time.”;

(e)     paragraph (9B) is deleted;

(f)      for paragraph (9C) there is substituted –

“(9C) In paragraph (9A) “reference date” means the date that is 5 years before the date of the conduct to which the external confiscation order relates.”.”.

4        Citation and commencement

These Regulations may be cited as the Proceeds of Crime (Miscellaneous Amendments No. 2) (Jersey) Regulations 2021 and come into force on the same day as the Proceeds of Crime (Amendment No. 4) (Jersey) Law 202-.

 


Page Last Updated: 30 Jun 2021