Code for Prosecutors Jersey (FOI)

​​Request

In Trinidad and Tobago, the Director of Public Prosecutions for the Republic of Trinidad and Tobago (“the DPP”) is responsible for the provision of a Code for Prosecutors in Trinidad and Tobago (March 2012 version) (“the Code”). The Code is not an instruction manual, nor does it purport to lay down any rule of law. But it is the expectation that all prosecutions in Trinidad and Tobago will be conducted in accordance with the guidelines outlined in the Code. 

The Code is available online:

https://www.oas.org/juridico/PDFs/mesicic4_tto_code.pdf​​

As well decision making, the Code deals with (amongst other things) the Role and Ethics of the Prosecutor.

Trinidad and Tobago is far from unique in having such a Code for Prosecutors. For example, Guyana has a similar code: https://www.dpp.gy/wp-content/uploads/2016/04/CODE-FOR-PROSECUTORS-Guyana-v4-May-18-FINAL-003.pdf ​

It is a matter of public record that (unlike England and Wales, for example) Jersey does not have an independent director of public prosecutions: despite various calls for reform, the Attorney General remains the Island’s Chief Prosecutor.

It is noted that a “Code on the decision to prosecute” has been issued by HM Attorney General for Jersey – see

However, it is not proved possible to locate any Code for Prosecutors in Jersey, similar to the Code in Trinidad and Tobago, addressing topics such as the Role and Ethics of the Prosecutor.

Does Jersey have a Code for Prosecutors? If so, please can a copy of this code be made available to the public.

It is acknowledged that the Law Officers’ Department is not a currently scheduled public authority under the Freedom of Information (Jersey) Law 2011 – albeit that, at the time the FOI Law was introduced, it was envisaged that there would be a future amendment to add the Law Officers Department to the Schedule (see P.39/2011, page 50: https://statesassembly.je/getmedia/55c3e039-ba3d-407f-a20c-412af8a8a9cc/13704-37486-1532011.aspx?ext=.pdf​ ).

If a Code for Prosecutors in Jersey exists, however, it is assumed that either (a) other departments of the Government of Jersey and/or the States of Jersey Police would have a copy and/or (b) the Attorney General would be willing to provide a copy, such that it may be made available to the public.

Response

The requested information is absolutely exempt from supply in response to a Freedom of Information request by virtue of Article 23 of the FOI (Jersey) Law which covers information which is accessible to the applicant by other means.

While we refuse to supply the information under the FOI (Jersey) Law, Article 23(2) requires us to inform the applicant where they may obtain the information. The information requested is available on the government website where the Law Officers’ Department publishes the “Code on the decision to prosecute” and the “Code of conduct for lawyers in the Law Officers’ Department”:

Code on the decision to prosecute (Law Officers' Department)​

Code of conduct, disciplinary procedure and complaints procedure for the L​​aw Officers' Department​

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.​