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Legislation Relating to Financial Crime and Related Matters

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Committee for Home Affairs - P.2021/113

The States are asked to decide:-

Whether, after consideration of the Policy Letter entitled "Legislation Relating to Financial Crime and Related Matters", dated 27th September 2021, they are of the opinion:-

1. To agree to repeal and replace the Forfeiture of Money, etc in Civil Proceedings (Bailiwick of Guernsey) Law, 2007 with new legislation for civil forfeiture,  and to make corresponding amendments with regard to liability to other enactments, as set out in section 3 of the Policy Letter;

2   To agree to amend the Terrorism and Crime (Bailiwick of Guernsey) Law, 2002, the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999 and the Drug Trafficking (Bailiwick of Guernsey) Law, 2000 ("the AML/CFT Laws") as set out in sections 3 and 4 of the Policy Letter;

3.  To agree to amend the Police Property and Forfeiture (Bailiwick of Guernsey) Law, 2006 and the Cash Controls (Bailiwick of Guernsey) Law, 2007 as set out in section 3 of this Policy Letter;

4.  To agree to amend the Criminal Justice (International Cooperation) (Bailiwick of Guernsey) Law, 2001 as set out in sections 3 and 6 of this Policy Letter;

5.  To agree to amend the Misuse of Drugs (Bailiwick of Guernsey) Law, 1974 as set out in section 4 of this Policy Letter;

6.  To agree to amend the Regulation of Investigatory Powers (Bailiwick of Guernsey) Law, 2003 as set out in sections 5 and 6 of this Policy Letter;

7.  To agree to amend the Computer Misuse (Bailiwick of Guernsey) Law, 1991, the Police Powers and Criminal Evidence (Bailiwick of Guernsey) Law, 2003 and the International Cooperation Law 2001 as set out in section 6 of this Policy Letter;

8.  To agree to amend the Disclosure (Bailiwick of Guernsey) Law, 2007 as set out in sections 7 and 8 of this Policy Letter

9.  To agree to create legislation regarding liability for international assistance as set out in section 9 of this Policy Letter;

10. To agree to amend the Rehabilitation of Offenders (Bailiwick of Guernsey) Law, 2002 (Commencement, Exclusions and Exceptions) Ordinance, 2006 as set out in section 10 of this Policy Letter;

The above Propositions have been submitted to Her Majesty's Procureur for advice on any legal or constitutional implications in accordance with Rule 4(1) of the Rules of Procedure of the States of Deliberation and their Committees.

 

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P.2021/113 - Legislation Relating to Financial Crime and Related Matters

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