Committee for Home Affairs - P.2022/73
.The States are asked to decide:-
Whether, after consideration of the Policy Letter entitled "Amendments to the Criminal Justice Framework", dated 25th July 2022, they are of the opinion:-
1. To agree to the introduction of legislation creating preventive offences, as set out in section 3 of the Policy Letter;
2. To agree to the introduction of legislation creating disclosure obligations in criminal cases as set out in section 4 of the Policy Letter;
3. To agree to the introduction of legislation to enable deferred prosecution agreements as set out in section 5 of this Policy Letter;
4. To agree to amend the Forfeiture of Money, etc in Civil Proceedings (Bailiwick of Guernsey) Law, 2007 to introduce a reverse burden of proof, a summary forfeiture procedure and protection against liability for the authorities, as set out in sections 6 and 7 of this Policy Letter;
5. To agree that the amendments referred to in paragraph 4 should be included in the new legislation for civil forfeiture that is currently being drafted, as set out in sections 6 and 7 of this Policy Letter;
6. To agree to amend the legislation governing confiscation in criminal cases to change the way that property subject to saisie is treated as set out in section 8 of this Policy Letter;
7. To direct the preparation of such legislation as may be necessary to give effect to the above decisions.
