Planning and Building (Jersey) 2002 Law

WQ.414/2024

WRITTEN QUESTION TO H.M. ATTORNEY GENERAL BY DEPUTY C.D . CURTIS OF ST. HELIER CENTRAL QUESTION SUBMITTED ON MONDAY 11th NOVEMBER 2024 ANSWER TO BE TABLED ON MONDAY 18th NOVEMBER 2024

Question

"Further to Written Question 245/2024 and in relation to Planning and Building (Jersey) Law 2002 potential offences, will H.M. Attorney General advise –

1. what processes are in place between the Government's Regulation Department and the Law Officers' Department to pursue offences;
2. how  many  cases  have  been  passed  from  the  Regulation  Department  to  the  Law  Officers' Department between 2020-2024, broken down by year, referencing the relevant Article where possible;
3. how many cases his Department is currently pursuing, broken down by relevant Article where possible; and
4. whether his Department follow a specific methodology for establishing public interest when considering cases?"

Answer (a)

The process is set out in the Attorney General's guidance note for officers of regulatory departments when considering whether or not a suspected breach of the law should be referred to the Attorney General.

(b) and (c) – Answered in the table below

(d)

Guidance on the public interest test is set out in the Attorney General's Code on the Decision to Prosecute (paragraphs 13-19). The public interest test (the second of two stages in any decision to prosecute) is fact specific and each case is determined on its own merits.