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Amendments to the Criminal Justice Framework

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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.

 

 

 

 

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P.2022/73 - Amendments to the Criminal Justice Framework

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