Investigators and Prosecutors on Money Laundering guidance (FOI)
Investigators and Prosecutors on Money Laundering guidance (FOI)Produced by the Freedom of Information office
Authored by Government of Jersey and published on 06 November 2023.
Prepared internally, no external costs.
Please provide a copy of the 'Guidance to Investigators and Prosecutors on Money Laundering and Financial Crime' referenced in the Update on National Risk Assessment of Money Laundering:
National Risk Assessment: Money Laundering (2023) (gov.je)
The information requested is being withheld as it is considered exempt under Article 42(a) (b) and (g) of the Freedom of Information (Jersey) Law 2011.
Article 42 - Law enforcement
Information is qualified exempt information if its disclosure would, or would be likely to, prejudice –
(a) the prevention, detection or investigation of crime, whether in Jersey or elsewhere;
(b) the apprehension or prosecution of offenders, whether in respect of offences committed in Jersey or elsewhere;
(c) the administration of justice, whether in Jersey or elsewhere;
(d) the assessment or collection of a tax or duty or of an imposition of a similar nature;
(e) the operation of immigration controls, whether in Jersey or elsewhere;
(f) the maintenance of security and good order in prisons or in other institutions where persons are lawfully detained;
(g) the proper supervision or regulation of financial services; or
(h) the exercise, by the Jersey Financial Services Commission, of any function imposed on it by any enactment.
Public Interest Test
Article 42 is a qualified exemption, which means that consideration must be given to both the reasons for releasing the information, balanced against the reasons for withholding it.
Factors that support releasing the information
- disclosure of the information would support transparency
- disclosure would promote accountability to the general public
- disclosure would provide confirmation that necessary actions are taking place.
On balance, it is considered that the withheld information is exempt from disclosure under Article 42(a), (b) and (g) of the Freedom of Information (Jersey) Law 2011, which states that information is exempt from publication if its disclosure would, or would be likely to, prejudice the prevention, detection or investigation of crime, whether in Jersey or elsewhere; the apprehension or prosecution of offenders, whether in respect of offences committed in Jersey or elsewhere; and the proper supervision or regulation of financial services within the island.
An assessment has been made as to whether, in all the circumstances, the public interest in supplying the information is outweighed by the public interest in not doing so. It is recognised that there is a public interest in providing information about the work of the Financial Services directorate in a transparent manner, however, this must be balanced against the need to keep certain correspondence and information confidential to avoid potential prejudice the release could cause.
It has been concluded that the public interest in disclosing the withheld information is outweighed by the potential prejudice that such disclosure would or is likely to do to the work of the directorate in this instance. The Jersey Office of the Information Commissioner has published guidance on its approach to the public interest provision.1 The approach is to weigh:
- The public interest in transparent administration;
- The public interest in confidentiality when it arises.
Found at https://jerseyoic.org/resource-room/the-public-interest-test/