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Confiscation or Recovery of Assets

We can register final orders to confiscate or recover assets made in criminal proceedings as well as non-conviction-based asset recovery proceedings relating to assets held or managed in Jersey.

Relevant Legislation

Requests in respect of criminal proceedings will be executed in accordance with  the Proceeds of Crime (Jersey) Law 1999 as modified by the Proceeds of Crime (Enforcement of Confiscation and Instrumentalities Forfeiture Orders) (Jersey) Regulations 2008. 

Requests in respect of non-conviction based proceedings will be executed in accordance with the Civil Asset Recovery (International Co-operation) Law 2007. 

Where to address your Letter of Request

Requests should be addressed to:

HM Attorney General
Law Officers’ Department
Morier House
Halkett Place
St Helier
Jersey
JE1 1DD

Form of the Request 

We are happy to receive Requests in electronic form only. Please send the Request to mla@lawofficers.je.

We welcome Requests in draft form for review and/or discussions in advance of formal submission to ensure that the final request contains all required information for effective execution. Any enquiries can also be sent to mla@lawofficers.je.

Letters of Request must be submitted in English or be accompanied by an English translation.

The Request must be sent from the Central Authority of your jurisdiction or certify that the sender of the Letter is the appropriate body to make such requests.

How quickly will the Request be dealt with?

We aim to deal with the majority of Requests within three months from receipt, if all the information required has been provided.  If the matter is particularly urgent, the Request should set out justifications as to why a shorter timeframe of execution is requested. 

Is the Request for criminal or non-conviction-based proceedings? 

It is important to be clear on whether your Request is in relation to criminal proceedings or non-conviction-based proceedings as this determines the legislation under which orders are registered.

Criminal proceedings are proceedings against a defendant.  A defendant is a person who is charged with or convicted of a criminal offence.

Non-conviction based asset recovery (also known as civil asset recovery) is where an order is made in respect of ‘tainted property’ or property to the value of the ‘tainted property’.  Tainted property is property which has been used or obtained in the course of unlawful conduct.  There is no defendant in such proceedings, although a person will be suspected as having engaged in unlawful conduct.  There are numerous reasons why such proceedings may be commenced, and these include where a person cannot face trial because they have died or absconded. 

General Requirements for Letters of Request for registration of final orders

All requests should include the following:

  1. the subject’s name and address; 

  2. confirmation as to whether the request is in relation to criminal proceedings or non-conviction based asset recovery proceedings;

  3. the stage of proceedings and whether the assets are subject to a Jersey restraint order;

  4. relevant offences (extracts of relevant legislation should be appended to the Request);

  5. a summary of the background facts;

  6. a copy of the final order made in your jurisdiction;

  7. the name and address of the person/company that holds assets that are the subject of the Request (if they are not subject to Restraint);

  8. confirmation of the names and addresses of all those who may be affected by the Order;

  9. confirmation that proceedings have been concluded and there is no possibility that they may be subject to appeal;

  10. confirmation that if the person(s) affected by the order did not appear in the proceedings in your jurisdiction, that they received sufficient notice to enable them to make representations;

  11. confirmation as to whether any other assets have been realised in relation to the case and to what extent they satisfy the final order.

Requests for registration of an order made in Criminal Proceedings also need to include a Certificate.

What happens after Registration

An Act of Court recording the Court’s Order will be provided to you, confirming that an order has been made. The assets will be transferred to the Criminal Offences Confiscation Fund, or the Civil Asset Recovery Fund.

The Attorney General will consider asset-sharing on a case-by-case basis (unless there is a formal standing arrangement in place). 

Any Questions? 

Please contact the MLA team at mla@lawofficers.je.