Barclays Wealth Directors (Jersey) Ltd and Barclays Wealth Corporate -v- AG [2015] JRC 230 (16 November 2015)

Barclays Wealth Directors (Jersey) Ltd and Barclays Wealth Corporate -v- AG [2015] JRC 230 (16 November 2015)

The representation is adjourned to allow formal application for legal aid; if legal aid is not granted and no other funding is available, court may exercise discretion to allow use of seized assets for legal expenses, but only under careful management.

Citation
[2015] JRC 230
Parties
Defendant: Windward Trading Limited; Corporate Director: Barclays Wealth Directors (Jersey) Limited; Corporate Director: Barclays Wealth Corporate Officers (Jersey) Limited; Prosecutor: Attorney General; Prosecutor: Solicitor General
Jurisdiction
Jersey
Judgment Date
16 November 2015
Procedural Posture
Criminal / Pre Trial Adjournment for Plea and Directions Hearing
Outcome
adjourned
Legal Topics
Money Laundering, Corporate Criminal Liability, Legal Aid, Saisie Judiciaire, Fair Trial Rights
Criminal Law Money Laundering Company Law Corporate Criminal Liability Legal Aid Saisie Judiciaire Fair Trial Rights

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Parties

Windward Trading Limited

Defendant

Barclays Wealth Directors (Jersey) Limited

Corporate Director

Barclays Wealth Corporate Officers (Jersey) Limited

Corporate Director

Attorney General

Prosecutor

Solicitor General

Prosecutor

Procedural Posture

Criminal / Pre Trial Adjournment for Plea and Directions Hearing

Legal Issues

  1. 1 Whether Windward Trading Limited is entitled to legal representation funded by legal aid or assets subject to saisie judiciaire
  2. 2 Whether corporate directors can apply for lifting of saisie judiciaire
  3. 3 Whether funds suspected to be proceeds of crime can be used for legal expenses

Ratio Decidendi

The representation is adjourned to allow formal application for legal aid; if legal aid is not granted and no other funding is available, court may exercise discretion to allow use of seized assets for legal expenses, but only under careful management.

Court Disposition

adjourned

Orders

  • Representation adjourned until 7 December 2015 for formal approach to Batonnier and Judicial Greffier regarding legal aid and funding.
  • Barclays invited to reconsider funding legal advice for Windward.