Four of the firm’s Jersey Advocates are Crown Advocates, undertaking the most serious prosecution work on behalf of the HM Attorney General in Jersey. We were involved in the first prosecution for a breach of Jersey AML regulations, we have prosecuted and defended many major fraud cases in Jersey, and we have been involved in many major prosecutions for homicide, serious sexual offences and drug offences.
Baker & Partners defended the first prosecution in Jersey for breach of the anti-money-laundering (AML) regulations.
The firm has since advised in numerous cases where such prosecutions were a risk. It has been instructed by the Attorney General to advise on and pursue prosecutions for breach of the AML regulations. See also the regulatory page.
The States of Jersey Police (SOJP) has the power to “withhold consent” to move assets once money laundering suspicions have been reported. Although this is not a court order, in reality it operates like a freezing order because it is a virtual certainty that the financial institute controlling the assets will not conduct any transactions without the consent of the SOJP for fear of being convicted of money laundering. This power exists in many jurisdictions, but is normally subject to time limits which, once expired, require a court order if the funds are to remain frozen. This is not the case in Jersey. There are no time limits, so funds can remain informally frozen for years unless the owners take action to have the “no consent” lifted. These actions can either take the form of a private law action against the institution holding the funds, or judicial review of the decision of the SOJP. The firm has considerable expertise in this area and has procured the release of very large sums on behalf its clients.
The firm has been involved in the prosecution or defence of many major fraud prosecutions in Jersey over the last twenty years and more, building on experience at the English Bar.
Baker & Partners has acted in most of the murder prosecutions in Jersey in recent years for prosecution or defence. The firm advised on and conducted the prosecutions in the historic child abuse investigation and regularly acts in sex offence cases.