Proceeds of Crime confiscation orders (FOI)

Produced by the Freedom of Information office
Authored by Government of Jersey and published on 27 April 2022.
Prepared internally, no external costs.

Request 

A 

In relation to the enforcement in Jersey of external confiscation orders under the Proceeds of Crime (Enforcement of Confiscation Orders) (Jersey) Regulations 2008 (the "Regulations") please confirm:

(i) The total monies confiscated since the Regulations came into force; and

(ii) Of those total monies, what proportion has been retained in Jersey, including that paid into the Criminal Offences Confiscation Fund?

B

Has any agreement been reached between Jersey and Indonesia with regard to the sharing of monies that have or might be confiscated or seized in Jersey and if so, when and what were the terms of such agreement? 

Response 

A

(i)

The Criminal Offences Confiscations Fund ("COCF") was created under Article 24 of the Proceeds of Crime (Jersey) Law 1999. The Proceeds of Crime and Terrorism (Miscellaneous Provisions) (Jersey) Law 2014 came into effect on 4 August 2014. Subject to certain saving provisions, this repealed the Drug Trafficking Offences (Jersey) Law 1988 and prescribed that any monies in the Drug Trafficking Confiscations Fund ("DTCF") be transferred to the COCF. Where relevant, information in respect of DTCF transactions have been included for consistency. 

Details of the amounts received, and payments made in accordance with asset-sharing agreements up to 2017 and 2019 are publicly available on www.gov.je in response to previous Freedom of Information requests. Article 23 of the Freedom of Information (Jersey) Law 2011 has therefore been applied. 

Proceeds of Crime – 22 March 2016

Proceeds of Crime fund (FOI)

Criminal Offences Confiscations Fund receipts and pay-outs – 20 November 2017

Criminal Offences Confiscations Fund receipts and pay-outs (FOI)

Proceeds of Crime confiscations – 6 September 2019

Proceeds of Crime confiscations (FOI)

For information from 1 August 2019 to 31 March 2022 please see attached 'Fund Confiscated August 2019 to March 2022'. 

(ii)

Please see attached a breakdown of funds paid through asset share agreements since the last Freedom of Information response `COCF ASA August 2019 to March 2022'. The remainder of the funds have been retained in Jersey. All confiscated funds are held in the Criminal Offences Confiscation Fund. 

B

There is no Asset Sharing Agreement (ASA) in place with Indonesia and agreements are, with the exception of the USA, with whom a permanent ASA has been in place since 2015, dealt with on a case-by-case basis. 

Article applied 

Article 23 - Information accessible to applicant by other means 

(1)     Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2)     A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.

COCF ASA August 2019 to March 2022.pdf

Funds Confiscated August 2019 to March 2022.pdf