Bell v Att. Gen. [2006] JLR 61 (27 January 2006)
- Citation
- [2006] JLR 61
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Judgment
More details
- Posture
- Criminal / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A single breach by a financial services provider of the requirement to maintain anti-money laundering procedures under the Money Laundering (Jersey) Order 1999, art. 2(1)(a), may constitute an offence under the Proceeds of Crime (Jersey) Law 1999; failure need not be systemic.
Court disposition
single breach may constitute offence; failure need not be systemic
02
Material facts
Parties
Bell
ApplicantAttorney General
Respondent03
Procedural history
Posture
Criminal / Judgment
04
Questions and positions
Legal issues
- 01
Whether a single breach of the requirement to maintain anti-money laundering procedures constitutes an offence under the Proceeds of Crime (Jersey) Law 1999
- 02
Interpretation of 'maintain' in the context of anti-money laundering procedures
Party arguments
- Applicant
- A single breach of the requirement to maintain anti-money laundering procedures should not constitute an offence; failure must be systemic.
- Respondent
- A single breach of the requirement is sufficient to constitute an offence; 'maintain' requires procedures to be established and kept in proper working order at all times.
05
Court’s reasoning
Legal principles
- 01
Money Laundering (Jersey) Order 1999, art. 2(1)(a)
'Maintain' requires that procedures are both established and kept in proper working order to prevent and forestall money laundering whenever a business relationship is formed or a one-off transaction is carried out.
06
Ratio, limits and disposition
Ratio decidendi
A single breach by a financial services provider of the requirement to maintain anti-money laundering procedures under the Money Laundering (Jersey) Order 1999, art. 2(1)(a), may constitute an offence under the Proceeds of Crime (Jersey) Law 1999; failure need not be systemic.
Court disposition
single breach may constitute offence; failure need not be systemic
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Bell v Att. Gen. [2006] JLR 61 (27 January 2006) URL: https://www.bailii.org/je/cases/JLR/2006/JLR060061.html Cite as: [2006] JLR 61 [ New search ] [ Help ] Bell v Att. Gen. 2006 JLR 61 (27 January 2006) Financial Services-maintenance of anti-money laundering procedures-breach-single breach by financial services provider of requirement in Money Laundering (Jersey) Order 1999, art. 2(1)(a) to maintain procedures may constitute offence under Proceeds of Crime (Jersey) Law 1999-failure need not be systemic-"maintain" requires procedures to be established and also kept in proper working order, to prevent and forestall money laundering whenever business relationship formed or one-off transaction carried out The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2006 JLR 61 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2006/JLR060061.html
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