Jersey: Criminal Law

Jersey has established itself as a sophisticated offshore financial centre with robust legal frameworks for combating fraud and recovering assets. This comprehensive guide examines how Jersey's unique hybrid legal system, combining Norman customary law with modern English procedural approaches, provides powerful remedies including freezing orders, Norwich Pharmacal relief, and cross-jurisdictional mechanisms to prevent the island from becoming a safe haven for fraudulent proceeds.

We were delighted to support the Jersey Financial Services Commission (JFSC) at the recent Global Financial Innovation Network (GFIN) AGM. The event provided a practical discussion for regulators on tokenisation and its supervisory implications.

Jersey and Guernsey's anti-money laundering laws have created a Kafkaesque system where bank accounts can be frozen indefinitely based on mere suspicion, without judicial oversight or time limits. This article examines how compliance officers' concerns can trap account holders in a legal limbo, and explores the emerging 'private law action' that offers a potential escape route through the courts.

Jersey has established itself as a sophisticated offshore financial centre with robust legal frameworks for combating fraud and recovering assets. This comprehensive guide examines how Jersey's unique hybrid legal system, combining Norman customary law with modern English procedural approaches, provides powerful remedies including freezing orders, Norwich Pharmacal relief, and cross-jurisdictional mechanisms to prevent the island from becoming a safe haven for fraudulent proceeds.

Most of us find it easier to understand a legal concept if we are given an illustrative example. A hypothetical set of facts that clearly falls on one side of the line can help us appreciate how the concept works.

In January 2023, Schedule 2 of the Proceeds of Crime (Jersey) Law 1999 (Schedule 2) was recast such that scope exemptions were removed, definitions were aligned with FATF Standards...