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Restraint of Assets

We can restrain assets for the purpose of criminal proceedings as well as non-conviction-based asset recovery proceedings. We welcome requests being sent to us in draft form to ensure they cover all they need to for us to be able to execute the request.

In the majority of cases, at the point of restraint, assets vest in the Viscount of Jersey (the Chief Executive Officer of the Royal Court) which means that they are removed from the power and control of the previous holder of the assets.

Relevant Legislation

Restraint 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.

Restraint 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 reviewing requests in draft form and/or discussions in advance of formal submission. Any enquires 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 of all the information required. If the matter is particularly urgent, the Request should set out the justification as to why a shorter timeframe of execution is requested.

Is the request for criminal or non-conviction-based asset recovery proceedings?

It is important to be clear whether your request is in relation to either;

  • criminal proceedings; or
  • non-conviction asset recovery proceedings.

Criminal proceedings are proceedings in which a defendant is charged with, or convicted of, a criminal offence. Requests can be made at the investigation stage before a person has been charged.

Non-conviction-based asset recovery proceedings (also known as civil asset recovery proceedings) are proceedings in which an order is likely to be made or made in respect of ‘tainted property’ or property to the value of ‘tainted property’. Tainted property is property which has been used or obtained in the course of 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.

It may be that cases commence as criminal, but then become non-conviction-based proceedings, or that both sets of proceedings exist at the same time. If that happens after a restraint has been made, it is important that you inform us so we can change the basis of the restraint.

General requirements for Letters of Request for restraint

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;

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

  5. a summary of the background facts;

  6. a description of the property you wish to be restrained;

  7. the name and address of the person/company that holds assets that are the subject of the Request;

  8. the names and addresses of all those who may be affected by the restraint.

Requests in relation to criminal proceedings

In addition to the General Requirements for Letters of Request, requests in relation to criminal proceedings should also include:

  1. Confirmation as to whether the request is made to restrain the property:

    1. for the purpose of recovering property obtained as a result of or in connection with criminal conduct;

    2. for the purpose of recovering the value of the property so obtained; or

    3. for the purpose of depriving a person of a pecuniary advantage so obtained;

    4. for the purpose of recovering property used or intended to be used in such conduct or in predicate conduct outside Jersey, or property of equivalent value to such property.

  2. Confirmation as to whether the property is held by the defendant, held by a person to whom the defendant has made a gift (directly or indirectly), or property to which the defendant is beneficially entitled.

  3. A Certificate which confirms:

    1. proceedings have been instituted against the defendant in your jurisdiction, and

      1. an external confiscation order has been made in the proceedings but proceedings have not been concluded (for example, it is still subject to appeal); or

      2. there are reasonable grounds for believing that an external confiscation order may be made.

    2. proceedings are to be instituted against the defendant in your jurisdiction and there are reasonable grounds for believing that an external confiscation order may be made in them.

Requests in relation to non-conviction-based asset recovery proceedings

The Civil Asset Recovery (International Co-operation) (Jersey) Law 2007 provides the legal framework for executing requests in relation to non-conviction based asset recovery. It defines orders in relation to such matters as ‘External Civil Asset Recovery Orders’.

In addition to the General Requirements for Letters of Request, requests in relation to such proceedings should include:

  1. Confirmation as to whether the request relates to property:

    1. used in, or intended to be used in, unlawful conduct; or

    2. obtained in the course of, from the proceeds of, or in connection with, unlawful conduct;

    3. is property that is sought to be restrained in lieu of property that falls under a) or b).

  2. Confirmation that:

    1. non-conviction-based asset recovery proceedings that relate to property in Jersey have been instituted, or are to be instituted;

    2. proceedings have not concluded.

  3. The grounds on which it can be concluded that an external civil asset recovery order is likely to be made in the case; or if it has been made, the likely timeframe for any appeal procedure to be concluded.

Any Questions?

Please do not hesitate to get in touch with the Mutual Legal Assistance Team at: mla@lawofficers.je.