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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.

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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:  

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

 - 1 -

Treasury and Resources

Ministerial Decision Report

 

 

BUDGET TRANSFER FROM THE CRIMINAL OFFENCES CONFISCATIONS FUND TO THE HOME AFFAIRS DEPARTMENT FOR COURT AND CASE COSTS

 

 

  1. Purpose of Report

 

To enable the Minister for Treasury and Resources to approve a 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.

 

  1. Background

 

The States of Jersey Police (SoJP) has a provision within its annual revenue budget for Court and Case costs to cover the running costs of putting cases to Court.  This involves the cost of audio/video tapes, transcription services, irrecoverable towing fees, interpreter call outs, doctors’ fees, etc.  The figures also include doctors’ and other professional fees, such as Pathologists or external review teams.

 

The SoJP require access to a Court and Case Costs budget because the expenses which are charged to that budget are variable and unpredictable.  The expenses are not charged to the Court and Case Costs budget unless a prosecution is actually brought.  If there were to be a limited budget in relation to these type of expenses a significant number of on-going police operations or investigations may have to cease, as no more significant enquiries could be undertaken. The SoJP cannot control how many serious crime offences comes to their attention for investigation, and they have no control over the number of times that interpreters or professional fees are necessary in relation to medical expenses.

 

  1. Funds Requested

 

The  SoJP is requesting funding of £404,000 from the COCF in order to continue work on outstanding cases commenced in 2010 and earlier.

 

(a)   

(b)   

(c)   

  1. Recommendation

 

The Minister is recommended to approve a budget transfer of £404,000 from the COCF to the Home Affairs Department in 2011 for court and case costs.

 

  1. Reasons 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.

 

  1. 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.

 

 

Report author : Head of Decision Support

Document date : 2nd June 2011

Quality Assurance / Review : Director of Financial Planning and Performance

File name and path: L:\Treasury\Sections\Corporate Finance\Ministerial Decisions\DSs, WRs and SDs\2011-00XX - COCF funding to Home Affairs for C&CC - KH\WR - Budget Transfer Court and Case Costs - KH.doc

MD sponsor : Treasurer of the States

 

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