Economic Crime and Confiscation Unit revised protocol (FOI)

​​​Request

​A

Please provide a copy of the latest version of the Operating Protocol for the Economic Crime and Confiscation Unit (referred to as "ECCU")

B

Please a copy of the version of the Operating Protocol for ECCU in force in the period 1 March 2022 to 30 April 2022 (inclusive)

The Memorandum of Understanding: Financial Crime Investigation & Criminal Asset Recovery in Jersey, dated 24 July 2023, (the "MoU") refers to the Operating Protocol at Clause 3.2, noting: "The criteria for the adoption of cases by ECCU is contained within a separate Operating Protocol."

The Operating Protocol for ECCU dated 20 July 2017 was previously disclosed in relation to Freedom of Information Request, published on 9 February 2018 below:-

Economic Crime and Confiscation Unit protocol (FOI)​

Clause 10.1 of the Operating Protocol (as previously disclosed) states: "This Operational Protocol is recognised as a living document and may be amended at any time, but should be reviewed on an annual basis."

It is not clear whether or not the Operating Protocol has been amended, since 9 February 2018.

The response to that Freedom of Interest in February 2018 stated that "the Attorney General has given a commitment to publish the Operating Protocol and it is therefore provided in response to this request."

It is assumed that the Attorney General's commitment extended to publishing the Operating Protocol extended to any updated versions of the Operating Protocol; otherwise the public will have access only to outdated (and, therefore, misleading) information. 

In any event, it is likely that one or more of the following Scheduled Public Authorities have copies of the Operating Protocol, since (amongst things) they were involved in the MOU and/or the preparations for MONEYVAL's assessment of Jersey: (1) Justice and Home Affairs; (2) States of Jersey Police; (3) States Treasurer and Exchequer (formerly Treasury and Resources Department); and (4) Office of the Chief Executive (formerly Chief Minister’s Department, including External Relations Department and Economy).

It is in the public interest to know whether the published version of the Operating Protocol is up-to-date, to understand how the Operating Protocol may have evolved over time, and to have access to (and therefore an opportunity to scrutinise) the latest version of the Operating Protocol. 

Response

Please see attached as requested.

JFCU Operating Protocol - Redacted.pdf​

Please note that the documents referred to in A and B are the same document.

Signatures have been redacted in accordance with Article 25 of the Freedom of Information (Jersey) Law 2011.

Article applied 

Article 25 - Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2005.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2005; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.