Publication of Attorney General’s Guidance on Deferred Prosecution Agreements and call for Independent Monitors
The Criminal Justice (Deferred Prosecution Agreements) (Jersey) Law 2023 (the “Law”) comes into force today and the Attorney General has publishing guidance on Deferred Prosecution Agreements (the “Guidance”).
The Law enables the Attorney General to enter into a Deferred Prosecution Agreement (DPA) with a corporate entity under a Court controlled process rather than pursue a criminal prosecution provided the conditions set out in the Law are met.
The Guidance sets out important information to corporate entities which are considering approaching the Attorney General to request a DPA. The Guidance includes the process of submitting a self-report and negotiating and agreeing a DPA. It sets out guidance concerning the principles the Attorney General will apply in deciding whether to apply to the Court to enter into a DPA.
The Guidance also covers the appointment and role of Independent Monitors. Independent Monitors represent an integral aspect of the DPA process ensuring that a corporate entity adheres the to the terms of the DPA by regularly reporting to the Attorney General and the Court on the corporate entity’s compliance with the DPA.
Applications are sought from persons interested in becoming Independent Monitors. Candidates who would like to apply to be an Independent Monitor should send an application to enquiries@lawofficers.je addressed to the Attorney General.
Applicants should provide a CV (and if the applicant is a business, the lead applicant should provide a CV) and ensure they demonstrate appropriate qualifications and have experience of law, accountancy or regulatory work as well as financial services. Successful applicants will go on to an approved list and will be selected to monitor a corporate entity in light of their specific expertise and in light of the specific requirements of the case.
Independent Monitors are entitled to be remunerated as agreed between the parties to a DPA.
The Attorney General Mark Temple KC commented:
“The Deferred Prosecution Agreements Law is an important additional tool in the fight against financial crime and money laundering by corporate entities that may otherwise be difficult to prosecute.
Any corporate entities seeking to enter into a DPA must self-report any criminal conduct to me following the process set out in the Guidance. The conduct may have occurred before the Law was brought into force.
A DPA may impose a wide range of requirements on a corporate entity including financial penalties which will be paid into the Criminal Offences Compensation Fund. This Fund is used to prevent or suppress, or deal with the consequences of, criminal conduct.
I am now inviting applications by all persons who wish to be considered for appointment to the Attorney General’s pool of Independent Monitors. Applicants may be an individual or a business and must be suitably qualified and have experience of law, accountancy or regulatory work as well as financial services.’
3 March 2023