Seeking Evidence

Requests for evidence may be submitted in relation to both criminal proceedings and non-conviction-based asset recovery investigations.

Relevant Legislation

Evidence required for criminal proceedings is obtained under the Criminal Justice (International Co-operation)(Jersey) Law 2001 or the Investigation of Fraud (Jersey) Law 1991.

Evidence is obtained for non-conviction-based asset recovery proceedings under the Civil Asset Recovery (Jersey) 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 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.

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 the justification for this.

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 evidence is obtained.

Criminal proceedings are proceedings against a defendant. A defendant is a person who is charged 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.

Requirements for all Letters of Request

All Requests seeking evidence should contain the following information:

the defendant’s/subject’s name and address;
whether the evidence is required for criminal proceedings or non-conviction based asset recovery proceedings;
the status of the matter (eg investigation, prosecution, confiscation);
the unlawful conduct to which the Request relates (extracts of relevant legislation should be appended to the Request);
a summary of the background facts;
the name and address of the entity that holds the evidence that the letter is requesting; and
how the evidence requested will assist.

A signed version of the appropriate Undertaking in relation to how the evidence will be used must be included with the Request (See What can the evidence be used for? below).

Requests for documentary evidence

In addition to the Requirements outlined above, in Requests for documentary evidence please also provide:

a list of the categories of documents required and why they are relevant;
the date range for which material is needed and a justification for the same; and
if banking information is sought, the name of the account holder, the bank account number, and details of the holding bank.

The majority of evidence requests are obtained by way of a formal Notice issued by the Attorney General.

If you require documentary evidence to be accompanied by a witness statement, this should be specified in the Request, and a template must be provided for consideration by the relevant witness(es). If they are unwilling to provide a statement voluntarily, it may be possible to arrange a hearing on oath (See Requests for oral evidence on oath in Jersey, below).

Requests for search and seizure in relation to criminal proceedings

Additional requirements must be fulfilled if you seek to obtain evidence by way of a search warrant. A discussion before submission of the Request would be welcomed.

In particular, you must justify why a search warrant is necessary and why the information cannot be obtained by way of a Notice (for example, by demonstrating that there is a significant risk that evidence may be destroyed). You should also provide details of any officers from your jurisdiction who would wish to assist with the search/seizure.

Requests for investigative interviews in relation to serious and complex fraud

If you are investigating a serious or complex fraud, it may be possible for an investigative interview to be held with a witness in Jersey at which you may be authorised to attend, including via video link, to ask questions relevant to your investigation. The answers given in such interviews are generally not permitted to be used as evidence against the interviewee due to the compulsive nature of the interview.

Requests for oral evidence on oath in Jersey

You will need to provide the name and details of the witness to be examined and an indication as to whether the Defendant/Respondent and/or their Jersey-based counsel wish to exercise their right to attend the hearing for the purpose of cross-examining the witness.

With respect to the hearing itself, this will be conducted by either the Viscount (the Chief Executive Officer of the Royal Court), their Deputy, or their appointed Substitute.

There are three forms that the hearing may take:

Lawyers with rights of audience before a Superior Court in a jurisdiction outside of Jersey may examine the witnesses. In such cases, the Request should specify whether the Lawyer will attend the hearing in person, or whether it will be necessary to facilitate their participation via video-link. A transcript of the hearing will be prepared and sent to you after the hearing.
The Request may set out a list of questions to be put to the witness, in which case an Advocate employed in the Law Officers’ Department will attend the hearing and conduct the examination. A transcript of the hearing will be prepared and sent to you after the hearing.
Should you consent to the witness being given advanced notice of the questions, we can arrange for them to prepare a written statement. They will then attend a hearing for the purpose of having the statement entered formally into evidence.

What can the evidence be used for?

Evidence obtained on your behalf may only be used for the purposes allowed for by the legislation under which it is obtained.

Requests must be accompanied by the appropriate Undertaking in respect of the purpose for which the evidence may be used.

Requests for evidence to be used in criminal proceedings that have been issued by a Central Authority or by a designated investigating or prosecuting authority should include a ‘Standard Undertaking’.
Requests for evidence to be used in criminal proceedings issued by an Investigating Judge should use the ‘Undertaking for Use by an Investigating Judge'.
Requests for evidence to be used in criminal proceedings that seek to provide information to any Revenue authority conducting a criminal tax investigation or prosecution, should also include a Revenue Undertaking.
Requests for evidence to be used in non-conviction-based asset recovery proceedings should include a Civil Asset Recovery Undertaking.

Any Questions?

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