Treasury and Resources
Ministerial Decision Report
Publication of Confiscation funds’ AUDITED accounts: 2006 - 2009
- Purpose of Report
To approve the publication of the audited Accounts of the Confiscation Funds (Criminal Offences Confiscations Fund (COCF) and the Drug Trafficking Confiscations Fund (DTCF)) for the years ended 31st December 2006, 2007, 2008 and 2009.
- Background
The COCF was established under Article 24 of the Proceeds of Crime (Jersey) Law 1999 to receive the proceeds of assets recovered under a confiscation order or received under an asset sharing agreement. Funds held should be applied in promoting/supporting measures that prevent, suppress or deal with criminal conduct and the consequences thereof, facilitating any enactment dealing with criminal conduct, discharging obligations under asset sharing agreements and meeting the expenses of administering the Fund.
The DTCF was established under Article 24 of the Drug Trafficking Offences (Jersey) Law 1988 to receive amounts recovered under a confiscation order or received under an asset sharing agreement. Funds held should be applied in promoting/supporting measures that may assist in the prevention, suppression or otherwise dealing with drug trafficking or the misuse of controlled drugs and the consequences of misuse, facilitating any enactment dealing with drug trafficking or the misuse of controlled drugs, discharging obligations under asset sharing agreements and meeting the expenses of administering the Fund.
Monies paid into the Funds do not form part of the annual income of the States.
- Publication of Audited Accounts
Whereas financial records have been maintained in respect of the Funds since inception, audited Accounts have not been published. The Comptroller and Auditor General, in a Report on the Confiscation Funds in September 2007, recommended that the Accounts of the Funds should be published by way of a report to the States Assembly, either separately or within the Annual Report and Accounts of the States of Jersey. He also advised that the Funds’ Accounts should be audited.
The Accounts of the Funds for the years ended 31st December 2006, 2007, 2008 and 2009 have now been audited, and are available for publication.
The Accounts of the Funds for the year ended 31st December 2010 will be included in an Appendix to the States of Jersey Financial Report and Accounts - 2010.
- Recommendation
It is recommended that the Minister approve the publication of the audited Accounts of the Confiscation Funds.
- Reason for Decision
Article 24 (1) of each of the above-referenced laws provides that: “There shall be established a Fund ………… which, subject to this Article, shall be managed and controlled by the Minister.”
Accordingly, the Treasury and Resources Minister is empowered to authorise the publication of the audited Accounts of the Confiscation Funds for the years 2006, 2007, 2008 and 2009; the Confiscation Funds’ Accounts for the year ended 31st December 2010 will be included in an Appendix to the States of Jersey Financial Report and Accounts - 2010.
- Resource Implications
There are no financial or manpower implications as a direct result of this decision.
Report author : Senior Finance Manager – Corporate Group | Document date : 16th February 2011 |
Quality Assurance / Review : Head of Decision Support | File name and path: L:\Treasury\Sections\Corporate Finance\Ministerial Decisions\DSs, WRs and SDs\2011-0017 - Publication of Confiscation Funds' Accounts 2006 - 2009 - KH\WR - Publication of COCF & DTCF Accounts 2006 - 2009 - DOK.doc |
MD sponsor : Treasurer of the States |