Government of Jersey

Information about the publication of Ministerial Decisions

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A decision made to approve that, unless significant additional incomes are applied to the Criminal Offences Confiscation Fund, no further requests will be granted other than the maintenance of existing commitments for future years.

Subject:	Criminal Offences Confiscation Fund – Application of Funding
Decision Reference:	MD-TR-2006-0016	Exempt clause(s):		n/a
Type of Report: (oral or written)	Written	Person Giving Report (if oral):		n/a
Telephone or e-mail Meeting?	n/a	Report File ref:		JS/1/30/1/06
Written Report – Title	Criminal Offences Confiscation Fund	Written report - author		Jane Strecker
Decision(s): The Minister approves that, unless significant additional incomes are applied to the Fund, no further funding requests from the Criminal Offences Confiscation Fund will be granted.
Reason(s) for decision Further expenditure being charged to the Fund is unsustainable and based on current expenditure being applied it is estimated that the fund would be fully exhausted by 2017.
Action required: Inform Chairman of Criminal Offences Confiscation Fund
Signature: (Minister/ Assistant Minister)			Date of Decision:

Criminal Offences Confiscation Fund - application of funding

TREASURY AND RESOURCES MINISTER

Criminal offences confiscation fund

1. Purpose of Report

1.1. The Minister is requested to approve that no further items of expenditure are charged to the Criminal Offences Confiscation Fund (COCF) until its finances improve.

2. Background

2.1. In accordance with the Proceeds of Crime (Jersey) Law, Article 24, monies transferred into the Criminal Offences Confiscation Fund may be applied in promoting or supporting measures that assist in:

· preventing, suppressing or otherwise dealing with criminal conduct;

· dealing with the consequences of criminal conduct; or

· in facilitating the enforcement of any enactment dealing with criminal conduct.

In addition, monies may also be applied for:

· meeting the expenses incurred in administering the Fund; and

· discharging the Island’s obligations under asset sharing arrangements.

Before promoting or supporting any of the above measures the Attorney General must be consulted to ensure any expenditure charged to the Fund is in accordance with Article 24 of the Proceeds of Crime (Jersey) Law.

2.2. The Law Officers Department charged £315,947 for the year ended 2005 to the Fund. This expenditure covers the ongoing salaries of two lawyers, rental accommodation and service charge.

2.3. In addition to the above costs, on 2nd June 2005, the former Finance and Economics Committee approved further funding requests from the Law Officers’ Department for £440,000, per annum and from the Judicial Greffe and the Viscount’s Department for £310,000, per annum. The approval for these sums does not however represent a permanent solution to these funding difficulties and it was agreed that the situation would be reviewed in five years time.

2.4. Comments

3.1. As detailed in Section 2.2 and 2.3 of this report annually recurring funding requests, at current prices, that have already been approved to be met from the COCF are as follows:

Funding Agreed	£
Current lawyers’ expenses	315,947
Magistrates Court/Viscounts	310,000
Additional Law Officers	440,000
Total	1,065,947

Therefore if no further monies are applied to the COCF, based on current expenditure charged to the fund, it is estimated that the fund would be fully exhausted by 2017 (11 years). However, in addition to this it has also been agreed that if an overspend occurs in the Court and Case Cost budgets then this shortfall may also be met from the COCF as long as that expenditure meets certain criteria. This could potentially result in further expenditure being applied to the fund and further reduce the sustainability of meeting these ongoing costs.

4. Recommendation

4.1. That the Minister approves that no further requests from the COCF are granted until the finances of the Fund improve.

5. Reason for Decision

5.1. Further expenditure being applied to the Fund is unsustainable.

States Treasury Corporate Finance

7 February, 2006 for Decision Meeting 30/01/2006