SCHEDULEMODIFICATIONS TO SECTION 2 OF THE CRIMINAL JUSTICE ACT 1987 AS EXTENDED TO THE BAILIWICK OF JERSEY
1
Any reference to section 2 of the Criminal Justice Act 1987 or any provision thereof shall be construed, unless the contrary intention appears, as a reference to it as it has effect in the Bailiwick of Jersey; and any reference to section 1 of that Act shall be construed as a reference to it as it has effect in England and Wales and Northern Ireland.
2
In subsection (1)–
a
for “Director” there shall be substituted “Attorney General”, and
b
for the words from “only” to “the request” there shall be substituted “only on a request made by the Director of the Serious Fraud Office for the purposes of an investigation under section 1 of this Act, or on a request made by the Lord Advocate for the purposes of an investigation under legislation corresponding to that section and having effect in Scotland”.
3
In subsection (2)–
a
for “Director” there shall be substituted “Attorney General”, and
b
after “specified place” there shall be inserted “in the Bailiwick of Jersey”.
4
In subsection (3)–
a
for “Director” in each place where it occurs there shall be substituted “Attorney General”, and
b
after “such place” there shall be inserted “in the Bailiwick of Jersey”.
5
In subsection (4)–
a
for “on information on oath laid by a member of the Serious Fraud Office, a justice of the peace” there shall be substituted “on an application by the Attorney General, the Bailiff”, and
b
for “the information” there shall be substituted “the application”.
6
In subsection (5)–
a
for “constable” there shall be substituted “police officer”, and
b
for “information” there shall be substituted “application”.
7
For subsection (6) there shall be substituted the following subsection–
6
A police officer executing a warrant issued under subsection (4) above may be accompanied by any person or persons expressly authorised for that purpose by the Attorney General.
8
For subsection (7) there shall be substituted the following subsection–
7
Without prejudice to his power to enter into agreements apart from this subsection, the Attorney General may enter into a written agreement for the supply of information to or by him subject, in either case, to an obligation not to disclose the information concerned otherwise than for a specified purpose.
9
In subsection (9), for “High Court” there shall be substituted “Royal Court”.
10
In subsection (10), for paragraph (b) there shall be substituted the following paragraph–
b
the Attorney General has authorised the making of the requirement.
11
For subsection (11) there shall be substituted the following subsection–
11
The Attorney General may authorise any Crown Advocate to exercise on his behalf all or any of the powers conferred by this section, but no such authority shall be granted except for the purpose of investigating the affairs, or any aspect of the affairs, of a person specified in the authority.
12
In subsection (13), for the words from “summary conviction” to the end there shall be substituted “conviction to imprisonment for a term not exceeding six months or to a fine or to both”.
13
In subsection (15), for paragraphs (a) and (b) there shall be substituted “on conviction, be liable to imprisonment for a term not exceeding two years or to a fine or to both”.
14
In subsection (16)(a), after “Serious Fraud Office” there shall be inserted “or an officer nominated by the Lord Advocate”.
15
In subsection (17), for paragraphs (a) and (b) there shall be substituted “on conviction, be liable to imprisonment for a term not exceeding 7 years or to a fine or to both”.
16
For subsection (19), there shall be substituted the following subsection–
19
In this section, the expression–
“police officer” means a member of the Honorary Police or a member of the States of Jersey Police Force;
“Serious Fraud Office” means the Serious Fraud Office constituted under section 1 of this Act.