Extradition (Jersey) Law 2004: Amendments: Approval to commence law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 February 2014:

Decision Reference: MD-C-2014-0028
Decision Summary Title :	Approval for commencement of law drafting instructions for amendments to the Extradition (Jersey) Law 2004		Date of Decision Summary:	21/02/2014
Decision Summary Author:	Chief Minister’s Department		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 :	Extradition (Jersey) Law - Review in the light of the Scott-Baker Report		Date of Written Report:	01/10/2013
Written Report Author:	Law Officers’ Department		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Exempt (v) (vii)
Subject: Approval for commencement of law drafting instructions for amendments to the Extradition (Jersey) Law 2004.
Decision(s): The Minister instructed officials to prepare law drafting instructions for amendments to the Extradition (Jersey) Law 2004.
Reason(s) for Decision: In September 2010, the United Kingdom (UK) Home Secretary commissioned an independent review of the UK’s extradition arrangements, led by the Rt Hon Sir Scott Baker. The conclusions of the ‘Baker Review’ were published in October 2011. The UK Home Secretary responded to the Baker Review in October 2012, indicating that a new forum bar to extradition would be introduced, so that where prosecution is possible in both the UK and in another state, the British courts will be able to bar prosecution overseas if they believe it is in the interests of justice to do so. The proposed amendments to the UK Extradition Act 2003 were published on 5 February 2013, including the introduction of a forum bar to extradition in order to ensure sufficient safeguards in cases of concurrent jurisdiction. The Chief Minister sought advice from the Law Officers’ Department in relation to the recommendations of the Baker Review which have relevance for Jersey and as a result amendments will be proposed to the Extradition (Jersey) Law 2004. The States Assembly in September 2013 approved a proposition (P.92/2013) which clarified that, within the executive branch of government, the Chief Minister is responsible for justice policy. In accordance with this responsibility, the Chief Minister instructs officials to prepare law drafting instructions for amendments to the Extradition (Jersey) Law 2004.
Resource Implications: There are no financial or manpower implications.
Action required: Chief Minister’s Department to ensure that instructions are submitted to the Law Draftsman’s Office.
Signature:		Position: Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):