1.1 What authorities can prosecute business crimes, and
are there different enforcement authorities at the national and
Leaving aside the comparatively minor matters dealt with in the
Magistrate's Court, all prosecutions within Jersey are brought
in the name of Her Majesty's Attorney General for Jersey and by
dint of modern practice are in the vast majority of cases
prosecuted by a Crown Advocate, who is an appointee of the Attorney
General, approved by the Bailiff (the head of the judiciary of
Jersey), assigned to the case either from within the Law Of
cer's Department or from the private sector.
1.2 If there are more than one set of enforcement
agencies, please describe how decisions on which body will
investigate and prosecute a matter are made.
The States of Jersey Police are the principal investigative
agency on the Island. While the majority of business related crime
is within the purview of the Joint Financial Crimes Unit (JFCU), it
is increasingly the case that the Enforcement Division of the
Jersey Financial Services Commission investigates regulatory
offences, including breaches of the Companies Legislation.
Resources and other considerations have led to these areas of
investigation becoming the province of that Division.
The Intelligence Wing of the JFCU acts as the Island's
Financial Intelligence Unit (FIU), in order to comply with Anti
Money Laundering (AML) and Counter Terrorist Financing (CFT)
Recommendations issued by the Financial Actions Task Force (FATF)
and serves as the centre for the receiving, analysis and
dissemination of Suspicious Activity Reports (SARs). It is also the
case that the Enforcement Division of the Jersey Financial Services
Commission receives and shares intelligence through appropriate
The Operational Wing of the JFCU is responsible for carrying out
criminal investigations into serious and complex fraud, sometimes
but not always originating from the development of SARs. The
majority of the Wing's work is undertaken in conjunction with
the Law Of cer's Department, and powers exercisable by the
Attorney General within the Investigation of Fraud (Jersey) Law
1991. In practice, this means that the investigation of cases of
substance takes place at the direction of senior lawyers appointed
by the Attorney General to advise and prosecute.
1.3 Is there any civil or administrative enforcement against
business crimes? If so, what agencies enforce the laws civilly and
which crimes do they combat?
The Jersey Financial Services Commission is responsible for the
regulation, supervision and development of the nancial services
industry on the Island.
Under each of the Regulatory Laws pertaining to Financial
Services, Banking Business, Insurance Business and Collective
Investment Funds, and the Proceeds of Crime (Supervisory Bodies)
(Jersey) Law 2008, the Commission has powers in certain
circumstances to issue directions, which could include directions
as extreme as effectively closing down a regulated business and
precluding the employment of named persons within the regulated
sector. Lesser directions may be made, and all directions are
attended by a public statement, which in itself is a regulatory
sanction. Such a statement will form a regulatory sanction, or part
of a sanction, by promulgating the ndings of the Commission and any
action it has taken in relation to a failure of a business or
person to comply with a requirement of any relevant law or Code of
Since March 2015 the Jersey Financial Services Commission has
had the power to impose civil nancial penalties for breaches of the
Codes of Practice and the AML/CFT Handbook by those registered
under the Banking Business (Jersey) Law 1991, the Insurance
Business (Jersey) Law 1996 and the Financial Services (Jersey) Law
1998 and, respectively, under the Proceeds of Crime (Supervisory
Bodies) (Jersey) Law 2008. The Financial Services Commission
(Amendment No. 6) (Jersey) Law 2015 refers.
There is a right of appeal to the Royal Court on the grounds
that the decision of the Commission was unreasonable having regard
to all the circumstances of the case.
There are three levels of penalty, depending on the seriousness
of the breach. Each is based on a percentage (respectively 4%, 6%
and 8%) of the transgressor's relevant income, as de ned, with
a cap, in the most serious reaches, of £4,000,000.
In the rst instance, the Commission may retain any sum of money
it receives in respect of a penalty as part of its income and apply
it in reduction of fees otherwise chargeable to the generality of
registered persons in the same class as those who have paid the
penalty. However, there is a reserve power to order that surpluses
must be paid to the States of Jersey in certain circumstances.
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guide to the subject matter. Specialist advice should be sought
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On the 20th February, 2015 Act No. III of 2015 was published making various amendments to the PMLA (Cap. 373 of the Laws of Malta) (as well as, to a lesser extent, to the Criminal Code and to the Professional Secrecy Act).
Leaving aside the comparatively minor matters dealt with in the Magistrate’s Court, all prosecutions within Jersey are brought in the name of Her Majesty’s Attorney General for Jersey and by dint of modern practice are in the vast majority of cases prosecuted by a Crown Advocate.
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