Government of Jersey

Information about the publication of Ministerial Decisions

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.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

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
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (23.01.08) to fund the 2007 criminal court and case costs from the Criminal Offences Confiscation Fund.

Decision Reference: MD-TR-2008-0008
Decision Summary Title:	Budget Transfer – Court and Case costs		Date of Decision Summary:	18th January 2008
Decision Summary Author:	James Dixon		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	Na
Written Report Title:	Budget Transfer – Court and Case costs		Date of Written Report:	18th January 2008
Written Report Author:	James Dixon		Written Report : Public or Exempt?	Public
Subject: Budget Transfer – Court and Case costs
Decision(s): The Minister agreed to fund 2007 criminal case costs from the Criminal Offences Confiscation Fund (COCF) and delegated to the Treasurer the final approval of the necessary grants and budget transfers once final spend was confirmed.
Reason(s) for Decision: Court and Case costs exceeded the 2007 budget allocated to Court Department budgets by £3m. The Council of Ministers had been made aware of this expenditure throughout 2007 by way of the quarterly financial reports and had indicated that the costs should be met from the COCF.
Resource Implications: A transfer of funds of approximately £3m from the COCF to the Court Departments and Home Affairs
Action required: The Finance Director to action the necessary budget transfers and journals
Signature:		Position: Senator T A Le Sueur, Minister for Treasury and Resources
Date Signed: 23rd January 2008		Date of Decision: 23rd January 2008

Court and Case costs - budget transfer

TREASURY AND RESOURCES MINISTER

Budget Transfer – Court and Case costs

1. Purpose of Report

1.1 The Minister is asked to agree in principle to fund approximately £3m criminal case costs from the Criminal Offences Confiscation Fund (COCF).

1.2 The Minister is asked to delegate final approval to the Treasurer once the 2007 spend is known.

2. Background

2.1. Court and Case costs are demand led by nature and the budgets existing in Court Departments are not always sufficient for in year costs.

2.2. Total Court and Case budget against spend is as follows:

Year	Budget (£m)	Spend (£m)
2002	4.5	6.2
2003	4.6	5.8
2004	4.7	3.4
2005	4.9	3.8
2006	5.0	5.5
2007	5.1	8.0

2.3 The 2007 Costs by Department are attached as Appendix A.

2.4 The significant spend in 2007 arises in the Judicial Greffe and is related to a small number of expensive cases The Finance Directors of the Departments will attend to provide details of their spend.

3. Comments

3.1 The Council of Ministers has been informed of the overspend in Court and Case costs throughout 2007 by way of the quarterly financial reports. The Council indicated that the COCF should be used to defray the 2007 overspend at the 2nd quarter report.

3.2 Another option is to fund this cost from Department underspends. It is not known what the financial positions of the Departments are, however the Departments will expect to carry forward underspends and there are other pressures on this funding if it becomes available.

3.3 The Attorney General is required to be consulted on expenditure from the COCF. He has confirmed that the COCF can be used to fund criminal case costs only. The balance on the COCF is currently £9.3m; significant income is expected in 2008.

3.4 The move toward GAAP accounting and the cessation of the COCF fund (as proposed by the C&AG) will force a review of funding methods for court and case costs.

3.5 The use of the COCF is appropriate as its income is derived from the proceeds of criminal cases.

4. Recommendation

That the Minister agrees to fund 2007 criminal case costs from the Criminal Offences Confiscation Fund (COCF) and delegate to the Treasurer the final approval once final spend was confirmed.

5. Reason for Decision

5.1. The COCF is an appropriate source of funds for this expenditure as its income is derived from the proceeds of criminal activity.

2007 Spend on Court and Case costs


	2007 Budget	2007 Spend	Variance	2007 Forecast for Civil case spend	2007 Forecast for Criminal Spend	2007 Forecast for Drugs cases	Drugs and Criminal
Judicial Greffe	1,755,500	3,884,000	2,128,500	1,942,000	1,165,200	776,800
Law Officers	2,341,800	2,252,252	-89,548	108,771	1,324,391	819,090
Viscounts	302,700	145,000	-157,700	30,000	110,000	5,000
Bailiff	205,000	473,441	268,441	301,695	139,138	32,608
Home Affairs	500,900	1,262,107	761,207	0	462,354	112,107	687,646
	5,105,900	8,016,800	2,910,900	2,382,466	3,201,083	1,745,605	687,646

Total Overspend is £2.9m

Only Criminal Spend can be funded from the COCF.