LAW OFFICERS’ DEPARTMENT - Jersey and... · Law Officers’ Department –Business Plan 2009 Page 7 SECTION 1 FORMAT OF THE PLAN The format of this Business Plan, as in previous

LAW OFFICERS’DEPARTMENT

2010Business Plan

Page 2

Law Officers Department2010 Business Plan

Contents

PageContents

Introduction by H.M. Attorney General

Section 1 Format of the PlanWho we are

7

What we doOur vision/valuesOur strategic aims

Section 2 Key Objectives, Key Performance Indicators, Key Risks

10

Section 3 Resources for 2010 20

Section 4 Department Comments and Key Activities for 2010

24

Appendix Departmental Organisation

Page 4

INTRODUCTION

It gives me great pleasure to introduce the first Business Plan of the Law Officers’ Department since I became Attorney General in November 2009.

The last months of 2009 leading into the first months of 2010 have been very challenging for the Department, not least because during that period we have had to operate with only one Law Officer in post. That has inevitably caused delay in the provision of some of our services and that, whilst unavoidable, is nonetheless regrettable.

I am delighted to note, however, that with the appointment of Mr. Howard Sharp, QC., as Solicitor General in March 2010, that situation has changed and we very much welcome his contribution to the work of the Department.

We do not, as yet, have a full complement of staff and that is being actively addressed. Naturally, however, the Comprehensive Spending Review has had an impact on that and we are keeping the position under careful review.

In 2009 we introduced structural changes to the Department, creating the positions of Director – Criminal, Director – Civil and Director of Administration. The intention behind those alterations was to provide for the more efficient processing of the work within the Law Officers’ Department. Unfortunately, the advent of the new system practically coincided with the departure of the previous Attorney General on taking up his appointment as Deputy Bailiff. I will elsewhere pay tribute to him but it will be readily understood that his departure from the Department created a significant reduction in our capacity to discharge all of the functions of the Department and this certainly affected the way the new structure was able to meet its aim of increased efficiency. I very much hope and expect that, with the arrival of the new Solicitor General, the new structure will have the opportunity of delivering those benefits that were intended when it was put in place.

I am happy to commend the 2010 Business Plan.

Timothy Le Cocq Q.C.H. M. Attorney General

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Law Officers’ Department – Business Plan 2009

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SECTION 1

FORMAT OF THE PLANThe format of this Business Plan, as in previous years, follows the guidance provided by the Chief Minister’s Department as part of the States Vision for the future direction of the Island’s public service. All Plans are intended to follow the same basic format in order that the activities and services of each Department can be related easily to the States Strategic Plan 2009-2014.

WHO WE AREThe Department currently employs a total of 48.5 full time equivalent staff and following a re-organisation of the Department in the summer of 2009, is organised as follows:

The Attorney General is in overall charge of the Department.

The Solicitor General deputises for the Attorney General as necessary.

The Criminal Division is responsible for the prosecution of crime in the Island, both in the Magistrate’s Court and the Royal Court. The Division is also responsible for the investigation of financial crime, including money laundering and for co-operation with overseas authorities in dealing with requests for mutual legal assistance. Members of the Office of the Legal Adviser to the Police work closely with both States and Honorary officers, providing advice and assistance in the early stages of investigations and prosecuting cases in the Magistrate’s Court.

The Civil Division deals with non-criminal matters including the constitutional relationship between the Island and the UK, as well as the Island’s international obligations, human rights advice, the applicability of EC law to the Island and Jersey legislation. This latter subject includes advice to Ministers on proposals for new legislation (including advice on human rights compatibility), preparation of legal reports for the Privy Council, giving drafting instructions for some major new legislation including the preparation of Orders in Council extending Acts of Parliament to the Island, and advice as to whether such extensions are necessary or desirable. The Group also has responsibility for drafting Rules of Court and providing advice and support to the Chief Minister’s Assistant Minister who will have ministerial responsibility for the remit of the former Legislation Committee. The Division also deals with childcare and family matters and curatorships.

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The Property Group is part of the Civil Division and deals with all sales and purchases of property by States departments, planning appeals and many other property related enquiries.

Support is provided to each group by a small number of staff who deal with the ancillary matters essential to the smooth running of an organisation such as finance, information management, IT, human resources matters etc.

An organisation chart showing the reporting lines within the Department is included in Appendix 1 of this Plan.

WHAT WE DO The overall aim of the Department is to provide efficient and effective legal advice to the Crown and the States, and to provide and oversee a high quality criminal prosecution service.

OUR VISION /VALUES

The Department supports and subscribes to the Core Values of the States as set out in the Five Year Vision for the Public Sector and agreed by the States:

Treat our customers and each other as individuals, with respect, dignity and courtesy;

Provide a publicly accountable service that is responsive, listens and learns and acts in the best interest of Jersey;

Act with integrity, professionalism and respect confidentiality;

Provide choice and added value, making a difference and taking pride in all that we do;

Respond in an appropriate, honest and trustworthy manner; be reliable, consistent and fair;

Demonstrate the power of teams, working creatively and innovatively;

Feel valued and appreciated, as do our customers


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OUR STRATEGIC AIMS

1. To provide objective strategic advice to the States of Jersey, the Council of Ministers and Scrutiny Panels 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 act on behalf of the Minister for Health and Social Services and in particular the Children’s Service in childcare matters coming before the Royal Court.

5. 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.

6. 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.

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

8. To provide an efficient conveyancing service in relation to property matters affecting the Crown and the States of Jersey, and to advise and act for States departments on property and planning matters.

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SECTION 2

The following section relates the work of the Department to the States Strategic Plan 2009-2014 and shows how the work of the Department will help to achieve the objectives set out in that Plan. As legal advisers to the government of the Island, the Department will be involved in all areas covered by the Strategic Plan but the following priorities identified by the Plan are those where the Department is likely to be most closely involved:

Priority 1. Support the Island community through the economic downturn.o Identify policy options to stimulate the economy and consider:

- making the States more responsive in areas such as Planning and the Regulations of Undertakings and Development Law

o Ensure provision of essential public sector services

Priority 2. Maintain a strong, environmentally sustainable and diverse economy.o Strengthen international relationships, supported by legislation regulation

and international agreements, in order to enhance recognition as a responsible jurisdiction committed to international standards

o Protect Jersey’s international reputation and viability as an offshore finance centre by maintaining the effectiveness of the Island’s regulatory and enforcement regime to a standard that meets international requirements and thereby maximise the potential of Jersey’s financial services sector in existing and emerging markets

Priority 3. Reform the public service to improve efficiency.o Promote/review private sector involvement and more commercial

approaches to service provision including, but not limited to, outsourcing where appropriate

Priority 5. Limit population growth.o Implement new mechanisms to control the population through the Migration

Policy

Priority 7. Protect the public and keep our community safe.o Work together to ensure that the Island is as resilient as possible to threats

to its security and way of life o Work together to help people feel secure in their homes and local

communities by driving down levels of crime, anti-social behaviour and disorder, vulnerability and harm

o Invest in early preventative interventions to address anti-social behaviour in young people with a view to turning them away from crime


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o Focus on the reasons for, and harm caused by, alcohol and illegal drug use and develop and implement policies that will bring about attitudinal change and deliver permanent and sustainable reductions

o Support the efficient and effective delivery of justice o Focus on the rehabilitation of offenders o Support the recruitment, development and training of the Island’s Honorary

Police

Priority 8. Increase social inclusion by encouraging and supporting people to help themselves.o Ensure that employment and other legislation provides a safe and fair

working environment and encourages employmento Preserve, enhance and promote community values

Priority 9. Enhance support services to vulnerable children, families and others at risk.o Work together to ensure effective and co-ordinated actions are taken to

protect the safety and welfare of vulnerable children o Seek extension of the UK ratification of the United Nations Convention on

the Rights of the Child

Priority 14. Adequately house the population.o Improve equity, tenure rights and living standards for accommodation

accessible to migrantso Implement proposals for the regulation of all affordable housing providers

including common waiting lists and allocation criteria and improve regulation relating to the wider rental market

Priority 15. Protect and enhance our unique culture and identity. o Keep our constitutional relationship under reviewo Protect our unique constitution and domestic autonomy o Protect and extend our international identity and personality

In addition to the particular priorities identified above, where the Department will act as a strategic partner or contributor to the work of the lead department, the following ‘business as usual’ work will continue to be carried out during the year. Objectives, performance indicators and risk factors are included as well as descriptions of the work to be carried out.

Objective Target Performance Indicator Risks

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KEY OBJECTIVES, KEY PERFORMANCE INDICATORS, KEY RISKS

Business as UsualPriority 4: Ensure sustainable public financesTo institute proceedings before Petty Debts Court and Royal Court to recover debts owed to the Treasurer of the States of Jersey.

% of all summonses issued within 2 weeks of receipt of initial instructions.

% of all tabling undertaken within correct timescales as prescribed by rules of court.

95%

100%

Pressure of work results in delays Lack of resources

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

Number of delays as a result of Law Officers' Department involvement

Nil Pressure of work results in delays Lack of resources

To research title and answer general enquiries on property matters on behalf of States of Jersey Property Holdings and others.

% of responses sent within 6 weeks. 100% within timescale Pressure of work results in delays Lack of resources

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



To draft leases, licences and concession agreements on instructions from States of Jersey Property Holdings

% of all work allocated within 5 days of receipt of initial instructions.

% of occasions Property Holdings informed of identity of officer dealing within 10 days of receipt of initial instructions.

% of initial drafts submitted to Property Holdings within 12 weeks of allocation.

90% within timescales




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



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





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Priority 7: Protect the public and keep our community safeTo 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.

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

% of initial response given within 8 weeks of receipt.

100% processed within timescales Pressure of work results in delaysLack of resources

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

% of applications made to Court within 2 days of receipt of request.

100% processed within timescale Pressure of work results in delays Lack of resources

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

% of applications made to Court within 5 days of receipt of request.


To consider requests from States Police, Customs and other enforcement agencies and issue warrants under Interception of Communications (Jersey) Law 1993/Regulation of Investigatory Powers (Jersey) Law 2005

% of requests processed within 6 hours of receipt. 100% processed in timescale Pressure of work results in delays Lack of resources

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

% of decisions about referral made in time for the next scheduled meeting of the Assembly.

100% of decisions made within timescale


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.

% of investigations concluded and reported back to the Assembly in time for the next ordinary session of the Assembly

100% of decisions made within timescale


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

% of weekly lists for Samedi Court collated accurately and on time.

100% processed accurately and in time


To conduct criminal prosecutions before the Magistrate’s and Royal Courts. No judgements given in default as a result of delays by the Crown

Criminal trials conducted by in-house Crown Advocates

0%

At least 50% conducted in-house

Number of trials and pressure of other work requires use of private sector Crown AdvocatesLack of resources

To advise and direct States and Honorary Police in relation to criminal prosecutions. % of initial advice provided within 4 weeks, detailed advice within 3 months

100% provided within timescales Pressure of work results in delays

Lack of resources

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

% of committal bundles containing original statements delivered with appropriate copies prior to committal hearing.

Cases adjourned because of failure to deliver bundles on time as above.

100% delivered within timescale

Nil



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To vet case files prepared by States Police and other enforcement agencies. % of case files delivered to AG within 2 weeks of committal.

95% delivered unless procedural reason prevents


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

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

% of indictment dates within 5 weeks of receipt of all papers if no legal reason to delay indictment is identified.

% of Friday morning “Samedi” Courts without requirement for cases to be adjourned because planned agenda is too lengthy.

90% fixed

90% fixed

0%


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.

% of agendas collated with no errors and issued by 4 p.m. each Thursday.

100% issued within timescale Pressure of work results in delays Lack of resources

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

No judgements given in default as a result of delays by Crown.

0%

To appear before the Royal Court in Magistrate’s Court Appeals. % of appeals conducted by “in-house” advocates. 100% Pressure of work results in delays Lack of resources

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

% of all cases conducted by “in-house” advocates. 100% Pressure of work results in delays Lack of resources

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

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

100% presented within timescale Pressure of work results in delays Lack of resources

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.

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

100% within timescale Pressure of work results in delays Lack of resources

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

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

% of decisions of AG to States Police within 4 weeks




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90% within timescale

To authorise warrants for arrest of persons wanted in the Island. % of all affidavits considered and approved (if appropriate) within 24 hours of receipt.


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.

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

100% Pressure of work results in delays Lack of resources

To appear as Amicus Curiae as required. Number of delays or adjournments in the Royal Court as a result of the Law Officers' Department’s involvement .


To protect interests of charities before the Royal Court. No delays in the Royal Court as a result of the Law Officers' Department’s involvement


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.

% of initial comments on drafts submitted given within 8 weeks of receipt.


Priority 9: Enhance support services to vulnerable children, families and others at riskTo process applications under the Children (Jersey) Law 1969. % of applications processed according to

timescales set down in the Law100% within timescales Pressure of work results in delays

Lack of resources

To process applications to the Royal Court under the Adoption (Jersey) Law 1961. % of applications processed according to timescales set down in the Law

100% within timescales Pressure of work results in delays Lack of resources

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.

% of procedures initiated within 14 days of receipt of notification.

100% within timescales Pressure of work results in delays Lack of resources

Priority 15: Protect and enhance our unique culture and heritageTo advise Council of Ministers and attend all Council meetings as appropriate Attorney General to attend each Council meeting

as required100% attendance when required Pressure of work results in failure to

attend

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

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



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2. % of Orders in Council presented to Royal Court for registration within 6 months of transmission from Jersey

3. % of contacts made with Department for Constitutional Affairs to enquire on progress of all new legislation if not submitted for Privy Council approval within 10 working days of arrival in the Island

100%

100%

Need for debate with one or more UK departments

To prepare instructions for the preparation of draft Orders in Council to extend UK legislation to Jersey and liaise with Department for Constitutional Affairs.

First list of necessary modifications submitted to MoJ

% of subsequent drafts reviewed and returned within 6 weeks

Within 3 months of receipt of initial instructions

100%


To review draft legislation and advise Law Draftsman % of initial responses given to Law Draftsman within 3 months of receipt of request


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.

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


To advise the Crown on matters of Jersey law. % of requests for advice allocated within 5 days of receipt

95% allocated within 5 days Pressure of work results in delays Lack of resources

To advise the PPC, all Scrutiny Panels and Departments of the States in matters of law affecting them.

% of all new requests for advice allocated within 5 days of receipt.

% of all new requests acknowledged within 10 days of receipt.

% of initial replies to requesting Committee/Department to be given within 6 weeks of receipt of request.

95% allocated within timescale

95% acknowledged within timescale

90% replies sent within timescale


To represent the States of Jersey and Ministers 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.

% of all Orders of Justice served on States of Jersey referred to States’ insurers and relevant States Department within 3 working days of receipt.

% of identities of any private sector lawyers appointed to act by States’ insurers (or other lawyer appointed by the Attorney General if an

95% referred within 3 days

100% notified at least 24 hours before return date; 90% notified at least 48 hours before return date.




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uninsured claim) notified to all relevant parties at least 48 hours before return date in Royal Court.

To represent Ministers in administrative appeals to the Royal Court against their decisions and judicial review of such decisions.

Number of adjournments as a result of lack of progress by States’ lawyers


To represent States of Jersey and Ministers in civil appeals to the Court of Appeal. Number of adjournments as a result of lack of progress by States’ lawyers


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

Initial response provided within 14 days 95% within timescale Pressure of work results in delays Lack of resources

To attend sittings of the States if appropriate % of sittings of the States attended 100% as appropriate Pressure of work results in failure to attend

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

% of appropriate ceremonies attended by Law Officers

100% Pressure of work results in absence from ceremonies.

To review the Island’s legislation and advise the States, the Council of Ministers and the Privileges and Procedures Committee in connection with necessary legislative changes to achieve such objectives of the machinery of government as are agreed.

Number of delays to passage of legislation as a result of delays in Law Officers' Department


To advise Dean and others on matters of ecclesiastical law. % of all new requests for advice allocated within 5 days of receipt.


% of initial replies to requesting Committee/ Department given within 6 weeks of receipt of request.

95% allocated

95% acknowledged

90% replies sent


To advise Receiver General on legal matters % of all new requests for advice allocated within 5 days of receipt.


% of initial replies to requesting Department to be given within 6 weeks of receipt of request.

95% allocated

95% acknowledged

90% replies sent


Provide advice to Constitutional Sub-committee negotiating international agreements Advice provided in a timely manner No delays in work of Sub-committee as a result of failure to



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provide advice

Work in partnership with Chief Minister’s Department in formulating replies to official correspondence

No correspondence deadlines missed as a result of delays in the Law Officers Department


To attend international meetings Attend regular meetings on anti-money laundering initiatives with Guernsey and the Isle of Man

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

To attend appropriate Commonwealth Law Ministers or officials meetings.

Visits to other jurisdictions

At least 90% of appropriate meetings attended

Pressure of work prevents attendance

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

% of all target reply dates set by Bailiff’s Chambers met

or, % of occasions Bailiff’s Private Secretary informed of any potential delay in advance of target date with at least two days’ notice given

100% replies sent

100%


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

% of advice given within timescales set down by requesting authority

At least 90% of advice provided within timescale required


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.

Advice provided within timescale required


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 inCivil or Commercial Matters.

% of documents received for service forwarded to Viscount for service within 5 working days of receipt.

% of documents returned from Viscount transmitted to overseas authorities within 5 working days.




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.

Number of delays or adjournments in international tribunals due to lack of progress in the Law Officers' Department


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

% of initial response to all Honorary Police matters given within 6 weeks.




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To advise Comité des Connétables on certain legal matters. All new requests for advice allocated within 5 days of receipt.

All new requests acknowledged within 10 days of receipt.

Initial replies to requesting Committee/Department given within 6 weeks of receipt of request.

95% allocated within timescale

95% acknowledged within timescale

90% replies sent within timescale


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SECTION 3 - RESOURCES FOR 2010

2010 Budget - Subjective Analysis

2008Actual

£ Description

2009Approved

Budget£

2009Actual

£

2010Estimate

£

Income

(24,755) Sale of Services (30,000) (19,650) (32,000)

(142,271) Fees and Fines (135,000) (119,268) (138,000)

(167,026) (165,000) (138,918) (170,000)

Expenditure

3,128,760 Manpower - States Staff Costs 4,039,100 3,541,993 4,240,810

142 Manpower-Non States Staff Cost - - -

64,411 Supplies & Services 107,772 61,259 127,800

138,756 Administrative Costs 219,425 146,204 253,550

467,378 Premises & Maintenance 502,300 487,378 522,200

- Incidental Exp & Charges 100 - 100

3,420,154 Court and Case Costs 3,444,807 3,885,584 2,332,240

(1,319,746) Court and Case Costs - see note (847,223) (1,288,000) -

(745,271) COCF Recharges General (1,127,660) (576,288) (1,116,900)

5,154,745 6,338,621 6,258,130 6,359,800

£4,987,719 Net Revenue Expenditure £6,173,621 £6,119,212 £6,189,800

Court & Case CostsA review of Court & Case Costs expenditure initiated by the States Internal Auditor and carried out by external consultants in early 2009 confirmed that expenditure is demand-led and exceptionally volatile in a way that cannot be controlled by a Department. In addition, the expenditure is so large that departments cannot be expected to absorb the effects of volatility.

A further brief review of Court and Case Costs expenditure was carried out in late 2009 as a precursor to the Comprehensive Spending Review process to be carried out in 2010. A more detailed review of the way Court and Case Costs expenditure can be managed and controlled will be carried out as one of the CSR in-depth reviews and it has already been recognised that this area of expenditure is likely to be classified as Annually Managed Expenditure (“AME”), recognising that many of the costs are difficult to control and variations from year to year are beyond the


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means of an individual department to absorb within its cash limits. A feature of this category is the loosening of the accountability of accounting officers under the law with regard to budget overspends.

At the year end 2009, the Law Officers Department had an overspend against Court and Case Costs of £440,777 (see table below). This was due mainly to several highly cost active serious fraud cases, some of which are either at/or nearing trial stage. However, as can be seen in the table below, in 2009 Court & Case Costs (across the whole Judicial departments) exceeded budget by £2.5m. In order to fund this cost the Minister of Treasury & Resources sanctioned funds to be provided from the Criminal Offences Confiscation Fund (COCF). Under the Proceeds of Crime (Jersey) Law 1999 there are restrictions on the use of COCF monies, which means that only non-drug and non-terrorism related criminal cases can be funded from it. Column A below shows how much has been spent by each Department on such cases. Column B shows the COCF income contribution required under the above restrictions to absorb the £2.5m total overspends.

Department 2009 Budget 2009 Spend Variance

Judicial Greffe 3,327,411 5,125,266 1,797,815Law Officers 3,444,807 3,885,584 440,777Viscounts 304,000 378,411 74,411Bailiff 430,000 658,409 228,409

£7,506,218 £10,047,670 £2,541,412

Column A Column B Column C Column DDepartment 2009 cost of

non-drug & non-terrorism

related criminal cases

Income contribution from

COCF for criminal cases

Budget transfers to

balance overspenders

Over or underspend

Judicial Greffe 945,381 945,000 852,815 0Law Officers 3,076,804 1,288,000 (847,223) 0Viscounts 30,076 30,000 44,411 0Bailiff 187,249 187,000 41,409 0

£4,239,510 £2,450,000 0 0

To reflect the uncontrollable nature of the Court & Case Costs and therefore ensure that a department neither gains nor loses financially, the Treasury department transferred budget between them. Column C shows the budget transfers needed to reach breakeven point (Column D). For example, after reimbursement of funds from the COCF (Column B), the Law Officers Court & Case Costs budget is underspent by £847,223 (Column C). Budget equivalent to this underspend has then been transferred from Law Officer's Court & Case Costs budget to areas of overspend, for example Judicial Greffe, which had a £852,815 overspend (Column C).

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Historic Child Abuse Expenditure

Indications of potential costs for 2009 in relation to the alleged Historic child abuse were filed separately with the Treasury at the beginning of 2009. It was predicted at the time, that these costs would be in the region of approx £1.055 million.

The actual spend at 2009 year end amounted to £1,119,107 and a budget transfer was approved by the Minister for Treasury and Resources to absorb these previously, unbudgeted costs.

COCF RechargesThe entry above designated “COCF Recharges” relates to transfers from the Criminal Offences Confiscation Fund (COCF) for expenses incurred by the Department in such matters as dealing with the consequences of serious crime and assistance to other jurisdictions. Expenditure of monies from the COCF has to be agreed by the Minister for Treasury and Resources after consultation with the Attorney General under the Proceeds of Crime (Jersey) Law 1999. A breakdown of the total shown above is given below:

Criminal Offences Confiscation Fund Re-charges 2009/10

2009 Estimate 2009 ActualReceived Description 2010 Estimate

781,200 390,597 Manpower Costs 757,900

42,500 15,563 Supplies and Services 57,600

73,600 28,886 Administrative Costs 94,200

197,600 141,242 Premises 207,100

100 - Incidental Expenses 100

£1,095,000 £576,288 Total to be re-charged £1,116,900

In 2009, the Department actually spent £801,730 but received only £576,288 as themonies in the COCF were exhausted at the end of the year because of the overspends on Court and Case Costs across the various departments having a call on that budget. The shortfall of £225,442 was made up from the underspend on the Department’s revenue budget.

As mentioned above, the COCF now has no money left in it, but the Department needs to reclaim the expenses detailed above in order to present a balanced budget. The Accounting Officer has written to the Treasurer of the States pointing this out and asking for reassurance that funding will be found and that expenditure can continue to be made in this area. The Treasury has provided a verbal undertaking that this funding will be forthcoming.


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Net Expenditure - Service Analysis

2009 Estimate 2009 Actual 2010 Estimate1,301,080 1,400,023 Criminal Prosecutions 1,412,6091,782,038 1,346,270 Legal Advice 1,811,801

376,868 363,418 Conveyancing 405,051379,925 386,123 Civil Proceedings 413,776807,767 567,888 Interjurisdictional Assistance 889,407

33,397 34,193 Duties of the Attorney General 41,8162,325,725 3,885,585 Court and Case Costs 2,332,240

(1,288,000) Court and Case Costs - see note -(1,095,000) (576,288) COCF Recharges (1,116,900)£5,911,800 £6,119,212 £6,189,800

Statement of Support Service Costs 2009

Support Service

Direct Expenditure

(£'000)Total Income

(£'000)

Net Expenditure

(£'000)Total FTE's

Service Management 707,623 (138,918) 568,705 49

(The support costs shown above are for expenditure and staffing that is not directly attributable to the services mentioned in the service analysis. No attempt has been made to allocate further the costs to individual support services as this is not regarded as sensible in a small department such as the Law Officers' Department where support staff undertake a wide variety of roles spread across a number of service areas.)

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SECTION 4 - DEPARTMENT COMMENTS

StaffingDuring the debate on the States Business Plan for 2009, it was agreed to increase the number of staff in the Department. These new staff members were recruited and took up their positions in 2009. However, the Williamson report on the Children’s Service recommended that an additional legal adviser and support staff should be recruited to assist in dealing with the increasing workload in this area. One post has been advertised but an appointment has yet to be made. Recruitment to these positions will be carried out during the first quarter of the year and the budget for the appointments will be transferred from Health and Social Services to the Department on a permanent basis.

A Case Worker post was created during 2009, funded from the additional HCA resources. This was a temporary post but the Department hopes to make it permanent so as to relieve some of the pressure on the staff at Police Headquarters.

The new Solicitor General, Howard Sharp, will take up the position early in 2010. There is likely to be some re-assignment of responsibilities amongst the senior management of the Department at that stage.

BudgetSome of the Department’s budget is funded from the COCF, and as mentioned earlier this arrangement is not only due for review in 2010 but the COCF no longer has any monies available to meet the Department’s claim on it. It will therefore be necessary for the Department’s budget to be put on a sound footing before 2011 so that all its expenditure is from general States funds. This has been a long term aim of the Department ever since the COCF first started part-funding of the Department on a regular basis in 2002.

The Department, like every other States organisation, will be subject to the CSR process which will include yet another review of Court and Case Costs.

Information TechnologyThe current system for managing the recovery of debts on behalf of other States departments runs on outdated and unsupported software. The States Information Systems Department has agreed to fund a software developer to re-write the system so as to comply with ISD standards.


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Work on this project is almost completed and the new system will be trialled and then put into operation in 2010. The same developer will also suggest and where necessary implement the updating of other databases used by the Department so as to make them compliant with ISD standards.

AccommodationThe increase in staff numbers over the last year has required some re-arrangement of the office accommodation in Morier House and the recruitment of an additional legal adviser for Children’s matters will put further pressure on the accomodation available within Morier House.

Conditions for the Legal Adviser and his staff at Police Headquarters remain unsatisfactory. However, the Department understands that there are plans to move the current occupants of Police Headquarters to other premises so that the Headquarters building can be re-built. The Department will continue to press the Police authorities to provide adequate accomodation for the Legal Adviser to the Police and his staff, both in the temporary accomodation and the new building. If that is not forthcoming, consideration will be given to transferring those currently working at Police Headquarters to Morier House.

GeneralThe re-organisation of the Department which took place in July 2009 will be reviewed during the year to ensure that the new management structures are working satisfactorily.

The new Records Manager post was filled late in 2009 by a professionally qualified and experienced person who is now working on changes to the records management policies and procedures within the Department. Once these have been approved by the senior management of the Department, they will be put into practice which will involve all members of the Department in implementing them.

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Key Activities for 2010

Key activities relating to the Organisation and Management of the Department

2010 Development Activities By Whom? By When?

4.1 Produce 2011 Business Plan to agreed corporate standards

Management Team

March 2011

4.2 Produce 2009 Attorney General’s Review. Management Team

March 2010

4.3 Agree funding arrangements for 2010 and beyond for those parts of the Department’s budget currently funded by transfers from the COCF.

Accounting Officer

June 2010

4.4 Co-operate with the CSR process to identify and agree savings where possible.

ManagementTeam, Finance Manager

December 2010

4.5 Contribute to the review of Court and Case Costs forming part of the CSR process and implement changes where agreed with the Treasury.

Management Team, Finance Manager

December 2010

4.6 Identify funding for the Case Worker post at Police Headquarters and agree permanent increase in establishment with T&R Department.

Accounting Officer

December 2010

4.7 Recruit additional staff for Children’s matters as recommended in the Williamson Report and arrange transfer of budget from H&SS Department.

Management Team, Accounting Officer

June 2010

4.8 Implement recommendations of Records Manager in respect of management of Department paper and electronic records.

Chief Clerk, Records Manager

On-going

4.9 Review Department organisation and make changes as necessary.

Management Team

On-going


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4.10 Produce tender documents for lawyers to assist the Department in various areas of work, invite tenders and agree panel of approved firms/individuals.

Management Team

September 2010

4.11 Consult with staff to produce a strategic plan for the Department in time for next year’s Business Plan.

Management Team

December 2010

The above diagram represents the organisation and staffing of the Department from 1st July 2009 following a re-organisation of the way the Department is managed.