or does not fit within the legislative frame work that empowers the attorney general to assist. As a matter of policy, Jersey does not provide assistance in cases where Jersey itself would not request the help of another country in the same circumstances on grounds of costs and/or seriousness. The authorities would be hesitant to provide assistance in cases involving less than £10,000 (or equivalent) or, in the case of serious or complex fraud, less than £2,000,000 (or equivalent). However, this policy does not exclude the provision of MLA based on public policy grounds in cases where the threshold is not met. Reciprocity is not an absolute requirement but will be taken into account when consideration is given to whether or not assistance may be provided. • There is no requirement to involve the U.K. Foreign Office in any request to Jersey for MLA, although as part of his enquiries the attorney general will in some circumstances take soundings from that office as well as from other agencies before reaching a view. • Consideration is also given to human rights and the nature of the trial process in the requesting country before a request is granted. B. MLA General Procedures B.1. Central Authority Competent to Receive, Process, and Implement MLA Requests in Criminal Matters • The attorney general is the central authority for all MLA requests. • In practice, requests are handled in the initial stages by an assistant legal adviser, who reports to and obtains advice from a legal adviser or senior legal adviser on how to proceed with the specific request. B.2. Language Requirements •
All requests have to be submitted in English or with English translation.
C. Asset Recovery Specific C.1. Stage of Proceedings at Which Assistance may be Requested •
Most measures pursuant to the CJICL and the Investigation of Fraud (Jersey) Law may be taken as soon as an investigation for an offense has been initiated in the requesting country. • Under CJICL coercive measures such as entry by force, search and seizing warrants, as well as seizing orders pursuant to the POCR and DTOR may be taken only if criminal proceedings have been instituted or there are reasonable grounds to believe that proceedings will be instituted in the requesting country (or in the case of CJICL if a person has been arrested in connection with an investigation or is to be arrested). Proceedings are considered to be instituted in the requesting country once the defendant has been notified in writing that proceedings have Appendix B
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