On the 4 August 2014 saw the enactment of Proceeds of Crime and Terrorism (Miscellaneous Provisions) (Jersey) Law 2014 which amends the previous Proceeds of Crime legislation in a number of significant areas.
One material and significant change is the Repeal of Drug Trafficking Offences Law etc., and savings – the following is stated in article 50 Proceeds of Crime and Terrorism (Miscellaneous Provisions) (Jersey) Law 2014
(1) The following enactments shall be repealed
(a) Drug Trafficking Offences (Jersey) Law 1988[23];
(b) Drug Trafficking Offences (Exemption for Regulators) (Jersey) Regulations 1998[24];
(c) Drug Trafficking Offences (Enforcement of Confiscation Orders) (Jersey) Regulations 2008[25].
(2) Nothing in paragraph (1) shall affect –
(a) any liability, investigation, legal proceeding or penalty for or in respect of any offence under the Drug Trafficking Offences (Jersey) Law 1988 committed or partly committed before the commencement of the provision in that paragraph; or
(b) any protection against, or immunity from, prosecution for an offence conferred by Articles 37, 38, 40 or 40A of that Law,
and for these purposes the provisions of that Law shall continue to apply as though not repealed by this Law, except that a reference in that Law to the Drug Trafficking Confiscations Fund shall be read as a reference to the Criminal Offences Confiscation Fund established under Article 24 of the Proceeds of Crime (Jersey) Law 1999.
(3) Notwithstanding paragraph (1)(b) and (c), until Regulations are made under and for the purposes of Article 34C or (as the case may be) Article 38 of the Proceeds of Crime (Jersey) Law 1999[26], the Regulations mentioned in those sub-paragraphs and in force immediately before the commencement date shall continue to have effect as Regulations made under the aforementioned Articles of the Proceeds of Crime (Jersey) Law 1999 (except to any extent to which they may be inconsistent with that Law).
(4) Except as otherwise provided by this Article, any act done before the commencement date by any person under any provision of the Drug Trafficking Offences (Jersey) Law 1988[27] (being an act that still had force or effect immediately before the repeal of that provision by this Law) shall, if there is provision under the Misuse of Drugs (Jersey) Law 1978[28] or of the Proceeds of Crime (Jersey) Law 1999 (in each case as amended by this Law) to do such an act, be taken to have been done under the latter provision.
(5) On the date on which paragraph (1) comes in to force, or as soon as reasonably practicable after that date, there shall be transferred to the Criminal Offences Confiscation Fund established under Article 24 of the Proceeds of Crime (Jersey) Law 1999 any monies remaining in the Drug Trafficking Confiscations Fund established under Article 24 of the Drug Trafficking Offences (Jersey) Law 1988.
For other changes go to http://bit.ly/1sckpCj
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