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Extradition (Jersey) Law, 2004 - Extension of relevant Articles to officers in the Customs and Immigration Service

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A decision made 24 June 2010 regarding: Extradition (Jersey) Law, 2004 - Extension of relevant Articles to officers in the Customs and Immigration Service.

Decision Reference: MD-HA-2010-0045

Decision Summary Title :

Extension of relevant Articles of the Extradition (Jersey) Law, 2004 to Customs Officers

Date of Decision Summary:

11 May 2010

Decision Summary Author:

Director, Law Enforcement

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Extension of Relevant Articles of the Extradition (Jersey) Law, 2004 to Customs Officers

Date of Written Report:

11 May 2010

Written Report Author:

Director, Law Enforcement

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Extension of relevant Articles of the Extradition (Jersey) Law, 2004 to officers in the Customs and Immigration Service.

Decision(s): The Minister approved the drafting of an Order to extend the relevant articles of the Extradition (Jersey) Law 2004 to officers in the Customs and Immigration Service.

Reason(s) for Decision: Article 119 of the Extradition (Jersey) Law 2004 allows the Minister to make an Order extending the Articles that apply to police officers to officers of the Impôts.  In light of the number of joint drug operations that take place with the DNRED (French Customs) having these powers would be very useful.

Resource Implications: None.

Action required: The Director, Law Enforcement to request the Law Draftsman to prepare the relevant draft Order.

Signature: 

Position:

Date Signed: 

Date of Decision (If different from Date Signed):

Extradition (Jersey) Law, 2004 - Extension of relevant Articles to officers in the Customs and Immigration Service

Customs and Immigration Service  

Extension of Relevant Articles of the Extradition (Jersey) Law, 2004 to customs officers

in the Customs and Immigration Service  

Introduction  

As a result of the Service’s joint working with the DNRED (French Customs), officers in the Service have been involved in a number of drug trafficking operations whereby the French criminal justice authorities have subsequently extradited local individuals involved in the operation.  As customs officers currently have no powers under the Extradition Law, this work has had to be undertaken by police officers. 

It is the view of the Customs and Immigration management team that as these were customs operations, officers in the Service would have been best placed to assist the French authorities in these circumstances.  This could be achieved by extending the relevant police powers under the Law to officers in the Service as is allowed under Article 119 of the Extradition Law. 

Background  

Article 119 of the Extradition (Jersey) Law, 2004 states: 

“The Minister for Home Affairs may make an Order providing that any provision of this Law that applies in relation to police officers or to persons arrested by police officers shall apply (with such modifications, if any, as may be specified in the Order) to officers of the Impôts or to persons arrested by officers of the Impôts”. 

It is the belief of the Customs and Immigration management team that it would be appropriate to draft such an Order. 

The main reason for this being that there have been 4 occasions in recent years when following successful joint drug smuggling operations with the DNRED, the French criminal justice authorities have looked to extradite Jersey based individuals involved in the operations back to France. 

In such situations customs officers have been unable to assist the French authorities as they did not have the necessary powers to do so.  As a result police officers have been required to assist, but they had no initial knowledge of the operation and have had to be appraised by customs officers of the background to the case. 

If the police powers were extended to customs officers, then officers in this Service would be in a position to see the investigation through to a conclusion and assist the French authorities. 

The necessary work to identify the relevant Articles that need to be extended has been completed by the Director, Law Enforcement and the Articles are listed at Appendix 1. 

The Order will also need to identify the equivalent ranks of customs officer where the Law refers to an act or thing to be done by a police officer.  These will be as follows: 

      Inspector – Senior Officer

      Chief Officer of Police – Agent of the Impôts 

States of Jersey Police (Barry Taylor) have been advised that it is proposed that the relevant powers under this Law be extended to Customs Officers. 

Recommendation  

The Minister is recommended to authorise the Director, Law Enforcement to liaise with the Law Draftsman and request that an Order is drafted to extend the relevant Articles to customs officers. 

Steven Le Marquand

Director, Law Enforcement

Customs and Immigration Service

11 May 2010

 

Appendix 1  
 
 

Articles of the Extradition (Jersey) Law, 2004 which require extension to

customs officers by virtue of an Order under Article 119 of the said Law  
 

Article 1 Interpretation

Article 8 Arrest Warrant following extradition request (Paras 5 & 6 only)

Article 9 Person arrested under Article 8 (Paras 1, 2, 3 only)

Article 10 Provisional Warrant (Paras 6 & 7 only)

Article 11 Person arrested under provisional warrant (Paras 1, 2, 3 only)

Article 80 Search and Seizure Warrants

Article 81 Production Orders

Article 82 Requirements for making of production order

Article 83 Electronically stored information

Article 84 Special procedure material and excluded material

Article 85 Entry and search to effect arrest

Article 86 Entry and search of premises on arrest

Article 87 Search of Person on arrest (Paras 1-9 only)

Article 88 Entry and search of premises after arrest (Paras 1-11 only)

Article 89 Fingerprints and samples (Paras 2 & 3 only)

Article 90 Searches and examinations

Article 92 Other treatment and rights

Article 93 Delivery of seized property

Article 94 Codes of Practice

Article 95 Reasonable force

Article 112 Custody (Para 5 only) 

 

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