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Budget transfer from Criminal Offences Confiscations Fund to Home Affairs Department for Court and Case Costs

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 13 June 2011 regarding:

Decision Reference: MD-TR-2011-0070

Decision Summary Title:

Budget Transfer from the Criminal Offences Confiscations Fund to the Home Affairs Department for Court and Case Costs

Date of Decision Summary:

2nd June 2011

Decision Summary Author:

Director of Financial Planning and Performance

Decision Summary:

Public or Exempt?

Public

Type of  Report:    Oral or Written

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Budget Transfer from the Criminal Offences Confiscations Fund to the Home Affairs Department for Court and Case Costs

Date of Written Report:

2nd June 2011

Written Report Author:

Head of Decision Support

Written Report :

Public or Exempt?

Public

Subject: Non-recurring budget transfer in 2011 of £404,000 from the Criminal Offences Confiscations Fund (COCF) to the Home Affairs Department for court and case costs.

Decision(s): The Minister approved a budget transfer of £404,000 from the COCF to the Home Affairs Department in 2011 for court and case costs.

Reason(s) for Decision: Article 24(4)(a) of the Proceeds of Crime (Jersey) Law 1999 states that the monies in the COCF may be applied by the Minister in promoting or supporting measures that, in the opinion of the Minister, may assist –

(i) in preventing, suppressing or otherwise dealing with criminal conduct

(ii) in dealing with the consequences of criminal conduct, or

(iii) without prejudice to the generality of clauses (i) and (ii), in facilitating the enforcement of any enactment dealing with criminal conduct.

In addition, Article 24(5) provides that the Minister shall consult the Attorney General (AG) before agreeing the above, and the AG has confirmed that he is in agreement with this allocation of funds.

Resource Implications: The Home Affairs revenue budget to increase by £404,000 in 2011 and the balance of the COCF to decrease by an identical amount.  This decision does not change the total amount of expenditure approved by the States.

Action required: Head of Decision Support to notify the Director of Financial Planning and Performance, the Director of Accounting Services and the Finance Director of Home Affairs that the decision has been approved.

Signature:

 

 

 

Position: Senator P F C Ozouf, Minister for Treasury and Resources

 

 

Date Signed:

Date of Decision:  

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