1. Criminal Proceedings and Investigations
The Criminal Justice (International Co-operation) (Jersey) Law, 2001 governs the provision of mutual legal assistance by Jersey in respect of criminal proceedings and investigations. It provides for mutual legal assistance in respect of all criminal conduct, at both the investigative and prosecution stage. There is no threshold for the giving of assistance.
Article 2 of the Criminal Justice (International Co-operation) (Jersey) Law, 2001 provides that where the Attorney General has received from a government or authority in a country or territory outside of Jersey a summons or other process requiring a person to appear as a defendant or attend as a witness in criminal proceedings in that country, or a document issued by a court exercising criminal jurisdiction in that country or territory and recording a decision of that Court, the Attorney General may cause the process or document to be served.
In accordance with Article 5 of the Law, where the Attorney-General receives a request for assistance in obtaining evidence in connection with criminal proceedings which have been instituted, or a criminal investigation that is being carried out in that country, the Attorney General may issued a notice specifying the evidence to be obtained and nominating a Court or the Viscount to receive that evidence. Witnesses can be summonsed to give evidence before a court or the Viscount, subject to certain exceptions.
A Bailiff's warrant for search and seizure may be issued, and an overseas forfeiture order may be enforced, but only in respect of a "serious offence". A "serious offence" is one for which the maximum sentence in the Island is not less than one year's imprisonment.
2. Civil Proceedings and Investigations
The Civil Asset Recovery (International Co-operation) (Jersey) Law, 2007 governs the provision of mutual legal assistance in respect of civil forfeiture or civil asset recovery investigations and proceedings.
Article 2 of the Civil Asset Recovery (International Co-operation) (Jersey) Law, 2007 provides that where the Attorney General has received from a foreign government or responsible authority a summons or other process requiring a person to appear as a respondent or attend as a witness in external civil asset recovery proceedings, or a document issued by an external decision-making body recording a decision made in external civil asset recovery proceedings, he will cause it to be served.
Article 3 of the Law provides that where the Attorney General receives a request for assistance from a responsible authority to obtain evidence relating to property connected with unlawful conduct, he can issue a notice requiring a person to give to him such documents or articles as are specified in that notice, or to attend a court or the Viscount to give evidence. A notice can be issued if external civil asset recovery proceedings have been instituted in a country or territory or if an investigation for the purpose of determining if external civil asset recovery proceedings are to be instituted. Such evidence, documentation or articles will then be transmitted by the Attorney General to the requesting authority.
