Crown Advocates (Jersey) Law 1987: Amendment

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 13 February 2015:

Ministerial decision reference MD-C-2015-0015
Decision summary title Crown Advocates (Jersey) Law 1987
Decision summary author	Executive Officer Legislation Advisory Panel	Is the decision summary public or exempt?		Public
Report title
Report author or name of person giving report	Executive Officer Legislation Advisory Panel	Is the report public or exempt?		Public
Decision and reason for the decision The Chief Minister requested the Law Draftsman to prepare a short amendment to the Crown Advocates (Jersey) Law 1987, to remove the requirement in Article 1 (1) of the Law for the Bailiff’s consent for the appointment of a Crown Advocate. The Legislation Advisory Panel had recommended that the Law should be amended in accordance with advice received from H.M. Attorney General, and further to the recommendations contained in the “Carswell Review” namely that the Chief Justice would not ordinarily expect to have any say in the appointment of a prosecutor which the Review regarded as inappropriate. The Chief Minister noted that the Bailiff and Deputy Bailiff had been consulted on the proposition and had agreed to the proposed amendment. The Law Draftsman had indicated that prescribed law drafting instructions were not required for this simple amendment.
Resource implications There were no financial or manpower implications arising from this decision
Action required The Executive Officer to the Legislation Advisory Panel to liaise with the Law Draftsman accordingly.
Signature			Position Senator I J Gorst Chief Minister

Date signed			Effective date of the decision