Criminal Justice Act 1987 (Jersey) Order 1989
Jersey Order in Council 6/1989
THE CRIMINAL JUSTICE ACT 1987 (JERSEY)
ORDER 1989.
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(Registered on the 9th day of June, 1989.)
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At the Court at Windsor Castle.
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18th
April, 1989.
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PRESENT
The Queen’s Most Excellent Majesty in Council.
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HER MAJESTY, in pursuance of section
17(6) of the Criminal
Justice Act 1987, is pleased, by and with the advice of Her Privy
Council, to order, and it hereby ordered, as follows –
1.-(1) This Order may be cited as the Criminal Justice Act 1987
(Jersey) Order 1989 and shall come into force
on 18th May, 1989.
(2) Without
prejudice to its earlier revocation and subject to Article 3 below this
Order shall cease to have effect on the expiration of two years beginning with
the date of its coming into force.
2. Section 2 of the
Criminal Justice
Act 1987 shall extend to the Bailiwick of Jersey subject to the
modifications specified in the Schedule to this Order.
3. In
any case in which a request under section 2(1) of the Criminal Justice Act 1987,
as modified in its extension to the Bailiwick of Jersey by paragraph 2 of the
Schedule to this Order, is made before the date on which this Order ceases to
have effect by virtue of Article 1(2) above, the powers of the Attorney
General shall continue to be exercisable under that section as so modified as
if this Order had not ceased to have effect.
G.I. DE DENEY
Clerk of the Privy Council.
SCHEDULE
(Article 2)
Modifications to Section 2 of the Criminal Justice Act 1987
as extended to the Bailiwick of Jersey
1. Any reference to
section 2 of the Criminal
Justice Act 1987 or any provision thereof shall be construed,
unless the contrary intention appears, as a reference to it as it has effect in
the Bailiwick of Jersey; and any reference to section 1 of that Act shall be
construed as a reference to it as it has effect in England and Wales and
Northern Ireland.
2. In
subsection (1) –
(a) for
“Director” there shall be substituted “Attorney
General”, and
(b) for the words
from “only” to “the request” there shall be substituted
“only on a request made by the Director of the Serious Fraud Office for
the purposes of an investigation under section 1 of this Act, or on a request
made by the Lord Advocate for the purposes of an investigation under
legislation corresponding to that section and having effect in Scotland”.
3. In
subsection (2) –
(a) for
“Director” there shall be substituted “Attorney
General”, and
(b) after
“specified place” there shall be inserted “in the Bailiwick
of Jersey”.
4. In
subsection (3) –
(a) for “Director”
in each place where it occurs there shall be substituted “Attorney
General”, and
(b) after
“such place” there shall be inserted “in the Bailiwick of
Jersey”.
5. In subsection
(4) –
(a) for “on
information on oath laid by a member of the Serious Fraud Office, a justice of
the peace” there shall be substituted “on an application by the
Attorney General, the Bailiff”, and
(b) for “the
information” there shall be substituted “the application”.
6. In
subsection (5) –
(a) for
“constable” there shall be substituted “police
officer”, and
(b) for
“information” there shall be substituted “application”.
7. For
subsection (6) there shall be substituted the following subsection –
“(6) A
police officer executing a warrant issued under subsection (4) above may be
accompanied by any person expressly authorised for
that purpose by the Attorney General.”.
8. For subsection
(7) there shall be substituted the following subsection –
“(7) Without
prejudice to his power to enter into agreements apart from this subsection, the
Attorney General may enter into a written agreement for the supply of
information to or by him subject, in either case, to an obligation not to
disclose the information concerned otherwise than for a specified
purpose.”.
9. In subsection
(9), for “High Court” there shall be substituted “Royal
Court”.
10. In subsection (10), for
paragraph (b) there shall be substituted the following paragraph –
“(b) the Attorney
General has authorised the making of the
requirement.”.
11. For
subsection (11) there shall be substituted the following subsection –
“(11) The
Attorney General may authorise any Crown Advocate to
exercise on his behalf all or any of the powers conferred by this section, but
no such authority shall be granted except for the purpose of investigating the
affairs, or any aspect of the affairs, of a person specified in the
authority.”.
12. In subsection (13), for the
words from “summary conviction” to the end there shall be
substituted “conviction to imprisonment for a term not exceeding six
months or to a fine or to both”.
13. In subsection (15), for
paragraphs (a) and (b) there shall be substituted “on conviction, be
liable to imprisonment for a term not exceeding two years or to a fine or to
both”.
14. In subsection (16)(a), after
“Serious Fraud Office” there shall be inserted “or an officer
nominated by the Lord Advocate.”
15. In subsection (17), for
paragraphs (a) and (b) there shall be substituted “on conviction, be
liable to imprisonment for a term not exceeding 7 years or to a fine or to
both”.
16. For
subsection (19), there shall be substituted the following subsection –
“(19) In
this section, the expression –
“police officer” means a member of the Honorary Police
or a member of the States of Jersey Police Force;
“Serious Fraud Office” means the Serious Fraud Office
constituted under section 1 of this Act.”.
CRIMINAL JUSTICE ACT 1987
CHAPTER 38
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ARRANGEMENT
OF SECTIONS.
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PART
I.
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FRAUD.
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Serious
Fraud Office.
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Section
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1.
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2.
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Director’s investigation
powers.
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3.
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4.
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5.
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* * * * * * *
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6.
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7.
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* * * * * * *
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8.
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9.
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10.
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11.
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12.
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PART
II.
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ELIZABETH II
CRIMINAL JUSTICE ACT 1987
1987 CHAPTER 38
AN ACT to make further provision for the
investigation of and trials for fraud; and for connected purposes.
[15th May 1987.]
BE IT ENACTED by the Queen’s most
Excellent Majesty, by and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament assembled, and by the
authority of the same as follows –
PART I
FRAUD
Serious Fraud Office
1. * * * * * * *
2.-(1) The powers of the [Attorney General]
under this section shall be exercisable, but [only on a request made by the
Director of the Serious Fraud Office for the purposes of an investigation under
section 1 of this Act, or on a request made by the Lord Advocate for the
purposes of an investigation under legislation corresponding to that section
and having effect in Scotland], in any case in which it appears to him that
there is good reason to do so for the purpose of investigating the affairs, or
any aspect of the affairs, of any person.
(2) The [Attorney
General] may by notice in writing require the person whose affairs are to be
investigated (“the person under investigation”) or any other person
whom he has reason to believe has relevant information to answer questions or
otherwise furnish information with respect to any matter relevant to answer
questions or otherwise furnish information with respect to any matter relevant
to the investigation at a specified place [in the Bailiwick of Jersey] and
either at a specified time or forthwith.
(3) The [Attorney
General] may by notice in writing require the person under investigation or any
other person to produce at such place [in the Bailiwick of Jersey] as may be
specified in the notice and either forthwith or at such time as may be so
specified, any specified documents which appear to the [Attorney General] to
relate to any matter relevant to the investigation or any documents of a
specified description which appear to him so to relate; and –
(a) if any such
documents are produced, the [Attorney General] may –
(i) take
copies or extracts from them;
(ii) require the
person producing them to provide an explanation of any of them;
(b) If any such
documents are not produced, the [Attorney General] may require the person who
was required to produce them to state, to the best of his knowledge and belief,
where they are.
(4) Where, [on an
application by the Attorney General, the Bailiff] is satisfied, in relation to
any documents, that there are reasonable grounds for believing –
(a) that –
(i) a
person has failed to comply with an obligation under this section to produce
them;
(ii) it is not
practicable to serve a notice under subsection (3) above in relation to them;
or
(iii) the service
of such a notice in relation to them might seriously prejudice the
investigation; and
(b) that they are
on premises specified in [the application],
he may issue such a warrant as is mentioned in subsection (5)
below.
(5) The warrant
referred to above is a warrant authorising any
[police officer] –
(a) to enter
(using such force as is reasonably necessary for the purpose) and search the
premises; and
(b) to take
possession of any documents appearing to be documents of the description
specified in the [application] or to take in relation to any documents so
appearing any other steps which may appear to be necessary for preserving them
and preventing interference with them.
(6) [A police
officer executing a warrant issued under subsection (4) above may be
accompanied by any person or persons expressly authorised
for that purpose by the Attorney General.]
(7) [Without
prejudice to his power to enter into agreements apart from this subsection, the
Attorney General may enter into a written agreement for the supply of
information to or by him subject, in either case, to an obligation not to
disclose the information concerned otherwise than for a specified purpose.]
(8) A statement by
a person in response to a requirement imposed by virtue of this section may
only be used in evidence against him –
(a) on a
prosecution for an offence under subsection (14) below; or
(b) on a
prosecution for some other offence where in giving evidence he makes a
statement inconsistent with it.
(9) A person shall
not under this section be required to disclose any information or produce any
document which he would be entitled to refuse to disclose or produce on grounds
of legal privilege in proceedings in the [Royal Court], except that a lawyer
may be required to furnish the name and address of his client.
(10) A person shall not under
this section be required to disclose information or produce a document in
respect of which he owes an obligation of confidence by virtue of carrying on
any banking business unless –
(a) the person to
whom the obligation of confidence is owed consents to the disclosure or
production; or
(b) [the Attorney
General has authorised the making of the
requirement.]
(11) [The Attorney General may
authorise any Crown Advocate to exercise on his
behalf all or any of the powers conferred by this section, but no such
authority shall be granted except for the purpose of investigating the affairs,
or any aspect of the affairs, of a person specified in the authority.]
(12) No person shall be bound
to comply with any requirement imposed by a person exercising powers by virtue
of any authority granted under subsection (11) above unless he has, if required
to do so, produced evidence of his authority.
(13) Any person who without
reasonable excuse fails to comply with a requirement imposed on him under this
section shall be guilty of an offence and liable on [conviction to imprisonment
for a term not exceeding six months or to a fine or to both.]
(14) A person who, in
purported compliance with a requirement under this section –
(a) makes a
statement which he knows to be false or misleading in a material particular; or
(b) recklessly
makes a statement which is false or misleading in a material particular,
shall be guilty of an offence.
(15) A person guilty of an
offence under subsection (14) above shall [on conviction, be liable to
imprisonment for a term not exceeding two years or to a fine or to both].
(16) Where a person –
(a) knows or
suspects that an investigation by the police or the Serious Fraud Office [or an
officer nominated by the Lord Advocate] into serious or complex fraud is being
or is likely to be carried out; and
(b) falsifies,
conceals, destroys or otherwise disposes of, or causes or permits the
falsification, concealment, destruction or disposal of documents which he knows
or suspects are or would be relevant to such an investigation,
he shall be guilty of an offence unless he proves that he had no
intention of concealing the facts disclosed by the documents from persons
carrying out such an investigation.
(17) A person guilty of an
offence under subsection (16) above shall [on conviction, be liable to
imprisonment for a term not exceeding 7 years or to a fine or to both].
(18) In this section,
“documents” includes information recorded in any form and, in
relation to information recorded otherwise than in legible form, references to
its production include references to producing a copy of the information in
legible form.
(19) [In this section, the
expression –
“police officer” means a member of the Honorary Police
or a member of the States of Jersey Police Force;
“Serious Fraud Office” means the Serious Fraud Office
constituted under section 1 of this Act.]
3. *
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4. *
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5. *
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6. *
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7. *
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8. *
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9. *
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10. * * * * * *
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11. * * * * * *
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12. * * * * * *
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PART II
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