LAW OFFICERS’ DEPARTMENT - Gov

LAW OFFICERS’ DEPARTMENT

2004 Business Plan

Law Officers’ Department 2004 Business Plan

Law Officers Department 2004 Business Plan

Contents

Page

Introduction by H.M. Attorney General 1

Section 1 Format of plan 2

Section 2 Objectives of the Law Officers’ Department 4

Section 3 Objectives of the Law Officers’ Department in the context of 5 the States of Jersey strategic objectives

Section 4 Operational objectives of the Department 8

Section 5 Key activities for 2004 19

Section 6 Resources 2004 - 2005 22

Law Officers’ Department 2004 Business Plan

INTRODUCTION

I am pleased to introduce this Business Plan for 2004, albeit that the ability to perform the functions of the Department in subsequent years will be much affected by the decisions taken at the Fundamental Spending Review this coming spring. Indeed these will have an impact on whether service reductions are necessary by the end of 2004.

Clearly cash limits are a matter for the States, subject always to the provisions of the Departments of the Judiciary (Jersey) Law 1965, which requires adequate resources to be made available to the Attorney General for the performance of his duties. What, so it seems, is frequently misunderstood is that the Law Officers’ Department is not in control of the volume of work which is passed to it for attention. That volume is dictated by the number of new political initiatives, the number of executive decisions taken by the administration which are challenged by those affected , the number of crimes committed, requests for international legal assistance received, States sittings and so on.

At its heart, this Business Plan is about providing, in an effective and timely manner, an integrated legal service across the States administration. That, in my view, is an essential public service – just as essential as any of the more electorally popular services of health, education or social security, and, very possibly, if I may be permitted this heresy, even more essential. The fact is that there are some core government services and the provision of effective legal services is one such.

William Bailhache Q.C. H.M. Attorney General.

Law Officers’ Department 2004 Business Plan Page 1

Section 1

FORMAT OF PLAN

In developing this Business Plan the Department has noted the recommendations of the proposals of the Strategy and Business Planning Standards Group as summarised in Appendix 3.1 to the 1997 States of Jersey Strategic Policy and Action Review. In particular the following standards have been incorporated: -

• the plan covers ALL the work of the Law Officers’ Department and includes details of day-today operational work and not just new development initiatives.

• where possible, performance indicators are given to provide targets against which performance can be measured. The Department is conscious that all targets may not be achievable within current resources and that they may be difficult to measure easily and efficiently. They are levels of service towards which the Department aspires. The Department sees little merit, however, in diverting scarce resources away from direct operational duties towards recording performance measures that give little added value to the services the Department provides.

• the work of the Department is placed within the context of the States of Jersey strategic objectives as set out in the 1995 Strategic Policy Review “2000 and Beyond” and subsequent strategic policy documents.

As recommended by the Strategy and Business Planning Standards Group the Department will publish an annual report at the beginning of 2004. Statistical information relating to the work of the Law Officers’ in 2003 will be given in the Attorney General’s Review.

Section 2 lists the overall objectives of the Law Officers’ Department.

Section 3 places the work of the Law Officers’ Department within the context of the States of Jersey overall strategic objectives as set out in the 1995 Strategic Policy Review “2000 and Beyond” and subsequent reviews.

Section 4 gives details of what the Department will do to achieve the overall objectives listed in section 2. As recommended in the Planning and Resources Allocation Framework this includes day-to-day operational work as well as identifying development work for 2004. Performance indicators are given as far as possible to indicate provisional targets and to provide a framework for future performance measurement.

Section 5 summarises the development work for 2004 giving details of staff responsible for each item and target timescales.


Section 6 details the resources available to the Department and assesses resource requirements for the period 2004. The Department awaits the outcome of the current Fundamental Spending Review process regarding resources for 2005 and beyond. In addition, as required by the Policy and Resources Committee in Paragraph 1.1(vi) of the 1997 Strategic Policy Review and Action Plan, this Section details action to be taken by the Department to make more effective use of the public sector workforce.


Section 2

OBJECTIVES OF THE LAW OFFICERS’ DEPARTMENT

1. To provide objective strategic advice to the States of Jersey through the Policy and Resources Committee having regard to constitutional and legal developments.

2. To provide objective legal advice of a high quality within reasonable timescales to the Crown, the States of Jersey and all others it serves.

3. To provide and oversee a high quality prosecution service working in the interests of justice and contributing to a reduction in the level of crime in the Island.

4. To ensure that the interests of the Crown and the States of Jersey are protected by acting on their behalf in civil proceedings brought by or against the Crown or the States.

5. To ensure that the functions and duties of the Attorney General arising from custom or statute are performed to a high standard and in a timely manner.

6. To offer effective assistance within reasonable timescales to overseas judicial and law enforcement agencies in criminal matters.

7. To provide an efficient conveyancing service in relation to property matters affecting the Crown and the States of Jersey.


Section 3

OBJECTIVES OF THE LAW OFFICERS’ DEPARTMENT IN THE CONTEXT OF THE STATES OF JERSEY’S STRATEGIC OBJECTIVES

1. The work and role of the Department links directly and indirectly with the overall strategic policy objectives of the States of Jersey as set out in the 1995 Strategic Policy Review “2000 and Beyond” and in succeeding Strategic Policy Review and Action Plans.

2. Certain of the operational objectives of the Law Officers’ Department (as set out in Section 4 of this Plan) support States’ strategic objectives. The following States’ objectives (in italics) are supported by the work of the Department as shown below:-

Environmental Policies

• to protect the best of the Island’s architectural and archaeological heritage;

• to protect the Island’s natural ecosystems and conserve their associated flora and fauna.

The Law Officers’ Department offers general advice to the Planning and Environment Committee in relation to sites of special interest and represents the Committee in appeals to the Royal Court concerning buildings of historic significance. Furthermore, H.M. Attorney General has the discretion to prosecute alleged offenders under the Island Planning (Jersey) Law 1964. The Department also supports the environmental policies of the States by prosecuting offenders charged with offences under the Water Pollution (Jersey) Law 2000 and the Statutory Nuisances (Jersey) Law 1999. The Conveyancing Section of the Department would like to work with the Planning and Environment Committee over the designation of sites of special interest but has had to withdraw from this work due to the current workload of the section in the sale and purchase of property on behalf of the Public of the Island.

Health of the Economy

Financial Services

• to strengthen further the Island’s reputation as a high quality international finance centre.

The Law Officers’ Department provides assistance to overseas judicial and law enforcement agencies under the provisions of, inter alia, the Investigation of Fraud (Jersey) Law 1991, the Drug Trafficking Offences (Jersey) Law 1988 and the Evidence (Proceedings in Other Jurisdictions)(Jersey) Order 1983, the Proceeds of Crime (Jersey) Law 1999 and the Criminal Justice (International Co-operation) (Jersey) Law 2001. Effective assistance and co-operation is essential to ensure that Jersey is able to maintain its reputation as a reputable and well-regulated finance centre. In addition it is essential


that the Island is seen to conduct effective investigations and prosecutions in money laundering and fraud related criminal matters. Members of the Department attend triannual meetings with representatives of Guernsey and the Isle of Man to discuss anti-money laundering initiatives. Visits to Washington, Paris, Brussels and other major centres to promote the Island as a well-regulated financial centre are made regularly and members of the Department also attend meetings of the European Judicial Network.

Agriculture and Fisheries

• to manage fishing in Jersey’s territorial waters and to conserve fish stocks in order to provide for a long term future for the Island’s fishing industry.

The Department continues to advise the Economic Development Department on the policing of the Island’s territorial waters and to advise the Policy and Resources and Economic Development Committees on the current dispute with the Guernsey authorities over the status of Jersey fishermen in Guernsey waters.

Quality of Life

• to reduce the level of crime. A fair and effective prosecution system is essential to the maintenance of law and order. The work of the Department is therefore an essential element of the overall crime strategy for the Island aimed at reducing the level of crime. Members of the Department contribute to working parties on, for example, juvenile crime, and attend focus groups set up by the Home Affairs Committee on aspects of the criminal justice system.

International Relationships

• international conventions and agreements to be extended to the Island with proper regard for the circumstances and interests of the Island.

The Law Officers’ Department advises the Policy and Resources Committee on all international conventions and agreements referred to the insular authorities by the new Department for Constitutional Affairs. The Department also considers such conventions and agreements in order to assess any legal implications arising and makes recommendations concerning possible legislative changes required to enable such conventions and agreements to be extended to the Island if political approval of such extension in Jersey is forthcoming. The Attorney General also advises the States through the Policy and Resources Committee on constitutional law as it affects the Island and its relationships with the Untied Kingdom, the European Union and the wider world community.

3. In addition to the above contributions to individual States strategic objectives the work of the Department contributes more indirectly to ensure that the States of Jersey discharges its responsibilities in an “efficient, effective and ethical manner”. It is essential to the maintenance of the reputation of the Island that the States of Jersey and all Committees and Departments of the States are seen to act in accordance with the law and to uphold the law. It is imperative that


the States’ interests are adequately represented before the courts if required. Furthermore, in addition to advice given locally the Department liaises with the Department for Constitutional Affairs through the official and demi-official channels of communication to ensure that the Island’s constitutional position and interests are adequately protected externally.


Section 4 OPERATIONAL OBJECTIVES OF THE LAW OFFICERS’ DEPARTMENT

This Section gives details of the activities the Department undertakes to achieve the overall objectives of the Department listed in Section 2 of this Plan

Overall Departmental objective: “To provide objective strategic advice to the States of Jersey through the Policy and Resources Committee having regard to constitutional and legal developments.”

Supported by the following operational objectives:

Departmental Operational Objectives

Performance Indicators 2004 Activities

1.1 To provide strategic advice to the States of Jersey

1.2 To examine international agreements and conventions and advise on their relevance / applicability to Jersey.

All target reply dates set by Bailiff’s Chambers met or, Bailiff’s Private Secretary informed of any potential delay in advance of target date.

Chief Clerk to monitor

1.3 To examine European Union Directives and Regulations and advise on their applicability to Jersey.

As 1.2 As 1.2

1.4 To assist in international negotiations.

The Attorney General will continue to be actively involved in international negotiations such as with the OECD and other international organisations and in discussions with the United Kingdom (and other countries) on tax matters.


Overall Departmental objective: “To provide objective legal advice of a high quality within reasonable timescales to the Crown, the States of Jersey and all others it serves”.




2.1 To advise the Crown on matters of Jersey law.

2.2 To advise all Committees and Departments of the States in matters of law affecting them.

1. All new requests for advice allocated within 5 days of receipt.

2. All new requests acknowledged within 10 days of receipt.

3. Initial reply to requesting Committee/Department to be given within 6 weeks of receipt of request.

Continue to develop the use of the filing and time recording system with a view to monitoring performance more closely.

2.3 To advise, where appropriate, individual members of the States on legal matters arising out of their political duties.

As 1.2 As 1.2

2.4 To advise Parish constables on certain legal matters.

As 1.2 As 1.2

2.5 To advise Dean and others on matters of ecclesiastical law.

As 1.2 As 1.2

2.6 To advise Receiver General on legal matters

As 1.2 As 1.2

2.7 To advise Legislation Committee and attend all committee meetings

Law Officer or Legal Adviser to attend each Committee meeting as required

12 meetings planned for 2004


2.8 To prepare reports for Privy Council on all new legislation passed by the States and submitted for Royal Assent.

1. All reports forwarded to the Office of the Lieutenant Governor for onward transmission within 6 weeks of States approval.

2. Orders in Council presented to Royal Court for registration within 10 working days of arrival in the Island.

3. Contact made with Lord Chancellor’s Department to enquire on progress of all new legislation if not submitted for Privy Council approval within 6 months of transmission from Jersey.

As 1.2

2.9 To prepare instructions for the preparation of draft Orders in Council to extend UK legislation to Jersey and liaise with Lord Chancellor’s Department Legal Advisers.

First list of necessary modifications submitted to Lord Chancellor’s Department Legal Adviser within 3 months of receipt of initial instructions and subsequent drafts reviewed and returned within 6 weeks.

As 1.2

2.10 To review draft legislation and advise Law Draftsman.

Initial response to be given to Law Draftsman within 3 months of receipt of request

As 1.2


Overall Departmental objective: “To provide and oversee a high quality prosecution service working in the interests of justice and contributing to a reduction in the level of crime in the Island”.




3.1 To conduct criminal prosecutions before the Magistrate’s and Royal Courts.

3.2 To advise and direct States and Honorary Police in relation to criminal prosecutions.

Initial advice provided within 4 weeks, detailed advice within 3 months

As 1.2

3.3 To prepare committal bundles for criminal cases being committed for trial from the Magistrate’s Court to Royal Court.

1. All committal bundles containing original statements to be delivered with appropriate copies prior to committal hearing.

2. No cases to be adjourned because of failure to deliver bundles on time as above.


3.4 To vet case files prepared by States Police and other enforcement agencies.

All case files delivered to AG within 2 weeks of committal.


3.5 To fix dates for Royal Court criminal cases in accordance with plea and directions hearings as appropriate.

1. Date for indictment fixed within 5 working days of receipt by AG of committal papers and case file.

2. Indictment date to be within 5 weeks of receipt of all papers if no legal reason to delay indictment is identified.

3. Regular flow of criminal cases listed for each Friday morning “Samedi” Court without requirement for cases to be adjourned because planned agenda is too lengthy.



3.6 To collate and issue agenda of public business for “Samedi” Court held each Friday morning including co-ordinating dates for swearing-in of Honorary police officers and public officials, registration of Orders in Council, and all other items of public business.

Agenda collated with no errors and issued by 4 p.m. each Thursday.


3.7 To appear before Court of Appeal (and Superior Number exercising appellate jurisdiction) in criminal appeals.

3.8 To appear before the Royal Court in Magistrate’s Court Appeals.

All appeals conducted by “inhouse” advocates.


3.9 To appear in Royal Court in relation to applications for review of Magistrate’s decision to refuse bail.

3.10 To appear in the Royal Court in connection with reviews of Royal Court probation orders (breaches and discharges).

All reviews to be presented to Royal Court within 8 weeks of receipt of all necessary documentation.


3.11 To consider information received from States Departments and if appropriate to institute proceedings for statutory infractions before the Royal Court or Magistrate’s Court as appropriate.

Proceedings to be instituted within 4 months of receipt of papers or Department submitting file to be informed of decision not to institute proceedings within same timescale.

As 1.2

3.12 To decide whether to institute criminal proceedings against States and Honorary Police officers following investigation into complaints.

1. Police complaint files to be delivered to AG from Legal Adviser to the Police within 2 weeks of receipt from States Police.

2. Decision of AG to States Police within 4 weeks


3.13 To authorise warrants for arrest of persons wanted in the Island.

All affidavits to be considered and approved (if appropriate) within 24 hours of receipt.



Overall Departmental objective: “To ensure that the interests of the Crown and the States of Jersey are protected by acting on their behalf in civil proceedings brought by or against the States.”




4.1 To represent the States of Jersey and States Committees in civil proceedings brought against the States or to liaise with insurers on matter of private sector legal representation for claims covered by States’ insurance policy.

1. All Orders of Justice served on States of Jersey referred to States’ insurers and relevant States Committee within 3 working days of receipt.

2. Identity of any private sector lawyers appointed to act by States’ insurers (or other lawyer appointed by the Attorney General if an uninsured claim) notified to all relevant parties at least 48 hours before return date in Royal Court.


4.2 To represent States Committees in administrative appeals to the Royal Court against decisions of States Committees and judicial review of such decisions.

All rules of Court and practice directions complied with.

4.3 To represent States of Jersey and States Committees in civil appeals to the Court of Appeal.

As 3.2

4.4 To institute proceedings before Petty Debts Court and Royal Court to recover debts owed to the Treasurer of the States of Jersey on behalf of all Committees of the States.

1. All summonses issued within 2 weeks of receipt of initial instructions.

2. All tabling undertaken within correct timescales as prescribed by rules of court.



Overall Departmental objective: “To ensure that the functions and duties of the Attorney General arising from custom or statute are performed to a high standard and in a timely manner”




5.1 To undertake all duties arising out of role of Attorney General as Head of the Honorary Police.

Initial response to all matters given within 6 weeks.

5.2 To attend all sittings of the States. Attend all sittings of the States.

24 States meetings planned for 2004.

5.3 To undertake ceremonial duties arising out of role of HM AG (swearing-ins, Assise d’Héritage, Visites Royales etc.).

5.4 To protect interests of charities before the Royal Court.

5.5 To appear as Amicus Curiae as required.

5.6 To apply to the Royal Court for confiscation orders under the Drug Trafficking Offences (Jersey) Law 1988 and the Proceeds of Crime (Jersey) Law 1999.

Attorney General’s Statement sent to Defence counsel at least 7 days before Court appearance.

As 1.2

5.7 To review the Island’s legislation and advise the States and the Policy and Resources Committee in connection with necessary legislative changes to achieve such objectives of the machinery of government as are agreed.

The Attorney General and other members of the Department are involved in the various groups which are involved in the proposed changes to the Island’s machinery of government.


5.8 To attend international or inter-insular meetings.

1. AG to attend six-monthly meetings at the Department for Constitutional Affairs with Island officials.

2. AG to attend Attorneys’ meetings with Guernsey and Isle of Man colleagues.

3. Attend regular meetings on anti-money laundering initiatives with Guernsey and the Isle of Man

4. Attend at least one meeting each year of the European Judicial Network.

5. To attend appropriate Commonwealth Law Ministers or officials meetings.

5.9 To consider requests from States Police, Customs and other enforcement agencies and issue warrants under Interception of Communications (Jersey) Law 1993.

All requests processed within 6 hours of receipt.

5.10 To consider reports from the States of Jersey Police on licensing matters and where appropriate refer them to the Licensing Assembly.

To make decisions about referral in time for the next scheduled meeting of the Assembly.

5.11 To investigate licensing matters referred to the Attorney General by the Licensing Assembly or by the Delegation of the Licensing Assembly and to report back to the Assembly.

Conclude the investigation and report back to the Assembly in time for the next ordinary session of the Assembly

5.12 To process applications for registration by Royal Court of managers of licensed premises.

Weekly list for Samedi Court collated accurately and on time.

5.13 To process applications for gambling licences and appearing before the Gambling Licensing Authority.

All documentation to be completed and submitted to AG for approval at least 48 hours before meeting of Authority.


5.14 To consider draft petitions and affidavits in connection with applications under the Legitimacy (Jersey) Law 1973 and to appear in Royal Court when petitions are heard.

Comments on draft documentation given within 3 weeks of receipt (statutory deadline 1 month).

As 1.2

5.15 To approve draft constitutions of associations seeking incorporation by the Royal Court under the provisions of the ‘Loi (1862) sur les teneures en fidéicommis et l’incorporation d’associations’ and amendments to the constitutions of associations so incorporated.

Initial comments on drafts submitted given within 8 weeks of receipt.

As 1.2

5.16 To deal with the creation of curatorships and to present applications to the Royal Court under the provisions of the Mental Health (Jersey) Law 1969.

Procedures initiated within 14 days of receipt of notification.

As 1.2

5.17 To process applications under the Children (Jersey) Law 1969.

As 4.18 As 1.2

5.18 To process applications to the Royal Court under the Adoption (Jersey) Law 1961.

As 4.18 As 1.2

5.19 To process documents received from overseas for service under the terms of the 1965 Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.

1. Documents received for service forwarded to Viscount for service within 5 working days of receipt.

2. Documents returned from Viscount transmitted to overseas authorities within 5 working days.

As 1.2

5.20 To appear before international tribunals such as the Court of Justice of the European Communities, the European Court of Human Rights or the United Nations Human Rights Committee.


Overall Departmental objective: “To offer effective assistance within reasonable timescales to overseas judicial and law enforcement agencies in criminal matters.”




6.1 To receive requests and exercise powers under the Investigation of Fraud (Jersey) Law 1991, the Evidence (Proceedings in Other Jurisdictions)(Jersey) Order 1983 or the Criminal Justice (International Co-operation) (Jersey) Law 2001.

1. All requests acknowledged to overseas requesting authority within 5 days of receipt.

2. Initial response given within 8 weeks of receipt.

As 1.2

6.2 To process applications for “saisies judiciaires” under the Drug Trafficking Offences (Jersey) Law 1988.

Application made to Court within 2 days of receipt of request.

As 1.2

6.3 To process applications to the Royal Court for orders and “saisies judiciaires” under the Proceeds of Crime (Jersey) Law, 1999.

Application made to Court within 5 days of receipt of request.

As 1.2


Overall Departmental objective: “To provide an efficient conveyancing service in relation to property matters affecting the Crown and the States of Jersey.”




7.1 To undertake all conveyancing work associated with the sale or purchase of real property by the States of Jersey or the Crown.

All documentation correctly finalised for Royal Court on date agreed for passing of contract.

7.2 To research title and answer general enquiries on property matters on behalf of Property Services Department and others.

Response sent within 6 weeks.

As 1.2

7.3 To process registration of all loans agreed and made by the States to individuals, bodies corporate and charitable institutions.

7.4 To prepare and register statutory notices to be served under the Drainage law.

7.5 To draft leases, licences and concession agreements on instructions from Property Services Department.

1. All work allocated within 5 days of receipt of initial instructions.

2. Property Services informed of identity of officer dealing within 10 days of receipt of initial instructions.

3. Initial draft submitted to Property Services within 12 weeks of allocation.

7.6 To process applications to the Royal Court for vesting orders under the Compulsory Purchase of Land (Procedure)(Jersey) Law 1961.

All applications made within statutory deadlines.

7.7 To represent the States of Jersey in arbitration hearings in relation to compulsory purchase.

All procedural directions given by the Chairman of the Arbitration Board complied with within the timescales given.


Section 5

KEY ACTIVITIES FOR 2004

1. Key Activities relating to Operational Objectives.

2004 Development Activities Reference in Section 4

By whom? By when?

1.1 Investigate use of work flow 1.2 1.3 Chief Clerk Ongoing procedures within filing / time 1.4 1.5 recording system to monitor 1.6 1.7 and record performance. 1.8 1.9

1.11 1.12 2.2 2.11 4.6 4.14 4.15 4.16 4.17 4.18 4.18 5.1 5.2 6.2

1.2 Continued monitoring of 2.3 2.4 Chief Clerk Ongoing agreed performance targets. 2.4 2.6

2.5 2.10 2.6 2.13 3.1 3.4


2. Key Activities relating to Organisation and Management of Department.

2.1 Continue implementation of new alphanumeric filing system to completion.

Chief Clerk, Information Manager

New system to be completed by September 2004.

2.2 Agree and implement recommendations made by Audit Section in review of Court and Case Costs expenditure.

Attorney General, Chief Clerk

On-going, in conjunction with Treasury.

2.3 Recruit replacement Head of Conveyancing Section and Conveyancing Clerk.

Chief Clerk, Solicitor General

Appointments made by April 2004.

2.4 Develop archiving/document destruction policy in conjunction with the Archive Service.

Chief Clerk, Information Manager, Archive Service

On-going.

2.5 Recruit Costs Draftsman if approved by F & E Committee and P & R Committee.

Attorney General, Chief Clerk

Appointment made by June 2004.

2.6 Implement training scheme for Department lawyers wishing to qualify as Jersey advocates.

Solicitor General, members of the Department

Ongoing

2.7 Consider whether to commit the Department to working towards a recognised quality assurance award such as Lexcel or Investors in People.

Management team

June 2004

2.8 Revise staff handbook, to standards appropriate to any quality assurance award that may be sought (see 2.7 above).

Chief Clerk August 2004

2.9 Manage staff reductions as necessary once outcome of Fundamental Spending Review known.

Management team

Ongoing


2.10 Produce 2005 Business Plan to agreed corporate standards.

Management team

To be issued by February 2005.

2.11 Produce 2003 Attorney General’s Review. Management team

To be issued by March 2004.


Section 6

RESOURCES 2004 to 2005

STAFFING

1. The Policy and Resources Committee agreed a temporary increase in staffing establishment to deal with the increased workload which the Department faced as a result of the proposed changes in the machinery of government. An additional lawyer has been working in the Department since June 2002. The person appointed has not been working on government reforms but her appointment has allowed another member of the Department to do so. This additional post comes to an end in June 2004 and the Department will therefore lose a current member of staff.

2. One postholder is already working beyond normal retirement age. A secretarial post has been held vacant as a result of a retirement and a subsequent re-organisation of secretarial support. Another vacancy has arisen due to a resignation and this post will be recruited to during the first quarter of the year.

3. During 2003, a senior legal adviser left the Department to enter the private sector. The vacancy has been filled with a ‘J’ category appointment from the UK on a five year contract following a failure to recruit a suitably qualified and experienced applicant from on-Island. The successful candidate will take up the appointment in January 2004 but the vacancy has caused additional work and stress on the existing members of the section in which the vacancy occurred.

4. The Attorney General has proposed that a Costs Draftsman be recruited to review all bills of costs that are submitted by defence counsel for payment out of public funds and to draw up bills when costs are awarded to the Crown. It is anticipated that a Draftsman would be able to recoup his salary costs from savings made to bills and that the overall cost to the States would at least be nil and could in fact produce savings to the overall budget for such costs. However, the savings would be shown in the Court and Case Costs budget of the Judicial Greffe although the salary costs would be paid by the Law Officers’ Department. It is considered that this appointment represents good value for money and demonstrates the savings that can be made by taking a corporate view of budgetary matters. If the proposal is agreed by the Finance and Economics Committee, then application will be


made to the Policy and Resources Committee for additional establishment and the post will be advertised as soon as possible.

5. The Department continues to provide most of the staff resources for both prosecutions in the Royal Court and requests from other jurisdictions for assistance in criminal investigations as well as evidence gathering. Some prosecution work is undertaken by Crown Advocates in the private sector. This is necessary because the Crown Advocates in the Department would otherwise be overstretched, and it is desirable because senior advocates obtain a broader experience which is in both their and the public interest. Some of the major criminal investigation work is also undertaken by barristers and forensic accounting teams from the private sector. This is costly but it is an inevitable concomitant of the need to demonstrate that the Island is a well regulated and co-operative financial centre and it therefore relates directly to the States Strategic Objective in relation to Financial Services as outlined on page five of this Plan.

The Audit and Risk Management Section of the States Treasury was asked to carry out a further review of expenditure on Court and Case Costs which funds these investigations. The report was completed during 2003 and has recently been formally accepted by the Finance and Economics Committee. It is due to be published shortly and the Department will be working with both the Treasury and other judicial departments to put its recommendations into effect. These recommendations are likely to produce additional work for members of the Department but with no additional staff resource.

6. There may be staffing issues which will arise out of the new arrangements for shadow and actual scrutiny. It is anticipated that the shadow committees and ultimately the Scrutiny committees will have questions to ask on which the Law Officers may have an input to make on the legal and quasi legal implications of the policy or legislation under consideration. At present it is obviously unclear as to how extensive this obligation will be. However, scrutiny will be easier to achieve in a practical and constructive way if misunderstandings as to the relevant laws can be clarified early on in the process.

7. Staff appraisals were introduced in 2001 and were generally adjudged a success. Appraisals take place around the anniversary of the date on which members of staff joined the Department in order to spread the reviews throughout the whole year. Efforts will continue to be made during 2004 to encourage team building and maintain the good morale that exists.


BUDGET

The revenue budget for the Department for 2004 is as follows:-

2004 Budget1 2003 Actual

Staff £2,507,846 £2,479,474

Premises £398,364 £336,867

Supplies & Services £77,000 £20,650

Transport £400 £190

Establishment £164,022 £112,668

Court & Case Costs £1,307,500 £3,448,623

Total Expenditure £4,455,132 £6,398,472

Income £155,000 £172,337

Transfer from COCF £580,422 £145,117

Department Cash Limit £3,719,710 £3,786,300

Total Income £4,455,132 £4,103,754

Notes

1. The Policy and Resources Committee will meet the salary costs of the additional staff required for the proposed changes in the machinery of government until June 2004.

2. The Department has not revised the level of fees that it charges other States departments for the recovery of debts since 1999. The Judicial Greffe increased the scale of allowable

1 Figures shown here refer to the 2004 cash limit. They do not include any carry forward from 2003. Actual expenditure in 2004 may therefore be greater than shown here. Salary costs, rental and other costs associated with occupying the fourth floor of Morier House will be met from the Criminal Offences Confiscation Fund (COCF), as shown.


fees for the collection of debts during 2003, so the fees that the Department charges to other States departments was reviewed and increased from the third quarter of 2003.

3. As part of the Department’s submission to the Finance and Economics Committee for the Fundamental Spending Review, the introduction of charges for work carried out by the Conveyancing Section in connection with the Assisted House Purchase (AHP) Scheme and States Loan Scheme was suggested. Although this increase was accepted, simultaneously, and unknown to the Department, the Housing Department decided to change the way in which the AHP scheme operates. This will result in the Department dealing with very few purchases and the proposed charge was therefore dropped. It is estimated that the increase in debt recovery charges and the decrease in Conveyancing income will result in no significant overall change in income to the Department.

4. The Department’s cash limit for 2003 was increased to a more realistic figure for Court and Case Costs which will go some way towards meeting the costs incurred in general matters outsourced to the private sector, but will still not cover major investigations. The Finance and Economics Committee has agreed that the Attorney General will have access to the Criminal Offences Confiscation Fund which will be used to cover the cost of these investigations and the rental and other costs of the fourth floor of Morier House where such investigations will in future be based.

5. The Finance and Economics Committee also agreed that in order to cover the shortfall in the Department’s 2004 budget, the employment costs of some members of staff will also be met from the COCF.

6. As a result of the review of Court and Case Costs carried out by the Audit and Risk Management section of the Treasury, the Department is now required to budget for those investigations mentioned above. Expenditure on these is monitored monthly and any changes to the budgetary predictions sent to the Treasury.

INFORMATION TECHNOLOGY

1. The Department took delivery of its new electronic filing and time recording system in the fourth quarter of 2001. The Department will need to gain further experience of using the new system to make the best use of the facilities it offers and this will continue to be the major focus of development in information technology during 2004.

2. In order to make the best use of the time recording system, it has been necessary to revise the Department’s physical file referencing system. This has been partially implemented in


2003 to reflect the changes to the Committee structure and will be completed during the coming year as and when additional temporary clerical assistance is available. It will be completed when the new ministerial system of government is introduced.

ACCOMMODATION

1. The completion of the refurbishment of the Royal Court building enabled the Judicial Greffe to vacate the space it occupied on the fourth floor of Morier House. During 2003, the Serious Crime section of the Department moved into the space vacated by the Judicial Greffe. Major investigations will in future take place in Morier House instead of in a number of locations throughout St Helier. This will reduce staff time wasted in travelling between different locations and enable closer management supervision of staff activity through being located in the same premises.

2. The relocation of the Serious Crime Section to the fourth floor has reduced pressure on accommodation on the third floor and allowed other members of the Department who previously worked in open plan areas to occupy offices instead.


LAW OFFICERS’ DEPARTMENT - Gov

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