The Prevention of Terrorism (Jersey) Law 1996 came into force in Jersey (with the exception of certain provisions thereof) on July 1 1996. The Law proscribes organizations involved in terrorism, contains powers to exclude certain persons from Jersey, includes offences of providing financial assistance for terrorism and provides for the investigation of terrorist activities.
In relation to financial assistance for terrorism, the Law makes it an offence to solicit, receive or accept contributions of money or other property, or to use or have possession of money or other property, intending that such money or other property shall be used for or in furtherance of or in connection with acts of terrorism or having reasonable cause to suspect that it may be so used or applied. It is also an offence to give, lend or otherwise make available money or property, or to be concerned in arrangements with that purpose, knowing or having reasonable cause to suspect that the money or property will or may be used for that purpose.
The above offences apply to acts of terrorism connected with Northern Ireland and to other acts of terrorism (excluding those connected solely with Jersey or parts of the United Kingdom other than Northern Ireland), provided in this latter regard that the act in question would constitute an offence triable in Jersey.
The Law also contains similar offences in respect of the provision of money or property for the benefit of an organization proscribed under the Law or under Section 28 of the UK's Northern Ireland (Emergency Provisions) Act 1991.
Article 10 of the Law makes it an offence to enter into or otherwise be concerned in an arrangement whereby the retention or control of terrorist funds is facilitated. Article 11 enables a person to disclose to a police officer a suspicion or belief that money or other property is, or is derived from, terrorist funds, notwithstanding any restriction on the disclosure of such information.
It is an offence under the Law to fail to disclose to a police officer knowledge or suspicion acquired in the course of a trade, profession, business or employment, that someone is providing financial assistance for terrorism. This does not apply to a professional legal adviser who acquires information in privileged circumstances. It is a defence to prove that a person had a reasonable excuse not to make the disclosure.
Zillah J Howard