Jersey's legislative measures designed to recover the proceeds of crime, drug trafficking and terrorism can be found in the following pieces of legislation: Proceeds of Crime (Jersey) Law, 1999, Drug Trafficking Offences (Jersey) Law, 1988 and Terrorism (Jersey) Law, 2002. Confiscation of the proceeds of crime, drug trafficking and terrorism under those Laws follows conviction.
The Investigation of Fraud (Jersey) Law, 1991 provides a mechanism for the investigation of money laundering in serious or complex fraud cases.
Jersey also has two methods of civil recovery of the proceeds of criminal conduct at present. The Proceeds of Crime (Cash Seizure) (Jersey) Law, 2008 (which is due to come into force in February/March 2008) provides for the search, seizure, detention and forfeiture of "tainted cash" domestically. The Civil Asset Recovery (International Co-operation) (Jersey) Law, 2007 provides for the registration and enforcement in Jersey of civil asset recovery orders (also known as civil forfeiture orders) made in countries and territories outside of Jersey. Furthermore, under the Civil Asset Recovery (International Co-operation) (Jersey) Law, 2007, Jersey is able to give mutual legal assistance to other countries or territories involved in civil asset recovery investigations or proceedings.
Jersey is able to provide mutual legal assistance in respect of all criminal investigations and proceedings under the Criminal Justice (International Co-operation) (Jersey) Law, 2001. The Criminal Justice (International Co-operation) (Jersey) Law, 2001 also includes provisions on the restraint and forfeiture of assets in the Island, which are subject to an external confiscation order. In practice, however, the provisions in the Proceeds of Crime (Jersey) Law, 1999 and Drug Trafficking Offences (Jersey) Law, 1988 are usually used to restrain and confiscate assets subject to an external confiscation order.
The Corruption (Jersey) Law, 2006 created new offences of corruption and bribery. The proceeds of corruption come within the remit of the Proceeds of Crime (Jersey) Law, 1999.
Jersey's government, the States of Jersey, is due to consider, probably towards the end of 2008, whether a limited domestic civil forfeiture regime should be introduced in the Island.
