Government of Jersey

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A decision made 24 June 2010 regarding: Criminal Justice (International Co-operation) (Jersey) Law, 2001 - amendment of Articles 1 and 6 to give Customs officers the powers to act under the Law.

Decision Reference: MD-HA-2010-0044
Decision Summary Title :	Amend Articles 1 and 6 of the Criminal Justice (International Co-operation) (Jersey) Law, 2001		Date of Decision Summary:	11 May 2010
Decision Summary Author:	Director, Law Enforcement		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 :	Amend Articles 1 and 6 of the Criminal Justice (International Co-operation) (Jersey) Law, 2001		Date of Written Report:	11 May 2010
Written Report Author:	Director, Law Enforcement		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Amendment to Articles 1 and 6 of the Criminal Justice (International Co-operation) (Jersey) Law, 2001 to give Customs officers the powers to act under the Law.
Decision(s): The Minister approved the drafting of an amendment to the Criminal Justice (International Co-operation) (Jersey) Law 2001.
Reason(s) for Decision: As a result of the number of drug operations that take place with the DNRED (French Customs) it would be useful if Customs officers had these powers. In this way Customs officers in Jersey would be able to assist the French authorities with their ongoing investigations.
Resource Implications: None.
Action required: The Director, Law Enforcement to request the Law Draftsman to prepare the necessary draft legislation.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Criminal Justice (International Co-operation) (Jersey) Law, 2001 - amendment of Articles 1 and 6 to give Customs officers the powers to act under the Law

Customs and Immigration Service

Amendment to Articles 1 and 6 of the Criminal Justice (International Co-operation)

(Jersey) Law, 2001

Introduction

Under the Criminal Justice (International Co-operation) (Jersey) Law, 2001 the Attorney General can receive requests for assistance from an appropriate authority outside the Island to request assistance in the Island for a serious offence committed in that jurisdiction and where criminal proceedings are/will be constituted in the jurisdiction concerned. At the present time, however, only Police officers are authorised to provide that assistance.

Background

Under Article 6 of the said Law, the Bailiff can issue a warrant authorising a police officer to enter and search premises where it is believed that evidence may be found to support a serious offence that has been committed outside the Island, where criminal proceedings either have been or will be instituted and where an appropriate authority has applied to the Attorney General for assistance.

Customs Officers have no powers under the Law. It is the view of the Customs and Immigration management team that it would be appropriate for our officers to have similar powers to those applicable to police officers. This would be particularly beneficial when the DNRED (French Customs) have had a drug seizure in France and the French authorities have applied for and been granted assistance in the Island.

If the Minister agrees with the proposal, then Article 1 of the Law which relates to Interpretations would also need to be amended to include the meaning of “customs officer”.

States of Jersey Police (Barry Taylor) have been advised of the proposed amendment to the Law.

Recommendation

The Minister is recommended to authorise the Director, Law Enforcement to liaise with the Law Draftsman and request that Articles 1 and 6 of the Law be amended to include “customs officers”.

Steven Le Marquand

Director, Law Enforcement

Customs and Immigration Service