ASK MAT: As a Jersey-JFSC-supervised person, do I need to complete criminal background checks (DBS) checks before 31 May 2026, or can I delay them to a later date?

ASK MAT: As a Jersey-JFSC-supervised person, I understand that the JFSC has approved new rules on criminal background checks (DBS), effective 31 May 2026. My question is: do I need to complete the checks before 31 May 2026, or can I delay them to a later date?

MAT SAYS

• You do not need to complete DBS/criminal record checks for all existing individuals before 31 May 2026.
• A transitional period from 27 November 2025 to 31 May 2026 allows time to update policies and begin checks.
• From 31 May 2026,
• EXISTING senior management (PP/KP)
• Adopts a RISK-BASED APPROACH for existing
• Principal persons (PPs) and
• Key persons (KPs),
• NEW PP/KP APPOINTMENTS
• Checks are mandatory without delay for
• New appointments,
• Role changes, or
• Trigger events.
• Document all decisions to ensure defensibility.

Detailed Practical and Regulatory Position

• Below is the practical and regulatory position under the JFSC’s confirmed criminal background check (DBS/criminal record certificate) regime, effective 31 May 2026.
• This addresses your question precisely: checks for existing roles do not need to be completed by that date, but they cannot be indefinitely deferred without justification.

Short Answer (Headline)

• You do not have to complete DBS/criminal record checks for all existing individuals before 31 May 2026.
• However:
• From 31 May 2026 onward, you must demonstrate that you are taking “reasonable steps” to ensure all PPs and KPs are fit and proper, including criminal background screening where appropriate.
• For new appointments, new roles, or defined trigger events after 31 May 2026, the check is mandatory at that point and cannot be deferred.
• In short:
• There is a transitional, risk-based approach for existing roles, but no blanket “indefinite deferral.”
• The regime explicitly does not apply retrospectively.

What Comes into Force on 31 May 2026

• The JFSC has confirmed that:
• The enhanced criminal background check requirements form part of the updated AML/CFT/CPF Handbook, effective 31 May 2026.
• The regime applies to PPs and KPs of Jersey-supervised persons, across all relevant sectors.
• After industry feedback, the JFSC removed the originally proposed blanket 3-year rolling refresh requirement and instead placed responsibility on firms to manage checks on a risk-based basis.
• A transitional period runs from 27 November 2025 to 31 May 2026, during which firms should update policies and procedures and begin obtaining checks as needed, without a strict pre-effective-date obligation for existing roles.

Existing PPs and KPs as at 31 May 2026

• If an individual already holds a PP or KP role on 31 May 2026, and already has JFSC “no objection”:
• You are not required to retrospectively obtain a DBS automatically on day one.
• Instead, the JFSC expects that:
• You assess whether obtaining a criminal record certificate is a reasonable step in ensuring that the person remains fit and proper.
• This must be done using a risk-based approach.
• The decision (to obtain now, later, or not at all) must be documented and defensible.
• So, checks may be delayed beyond 31 May 2026 for existing role-holders, if you can explain the timing.
• Typical risk factors that would push you towards doing the check sooner rather than later include:
• Control or significant influence over assets, clients, or trust structures.
• MLRO / MLCO / compliance officer roles.
• Higher-risk business lines or clients.
• Prior regulatory findings or governance weaknesses.
• New information calling fitness and propriety into question.
• Entity size/complexity or non-compliance history.

Situations Where Delay Is Not Permitted

• From 31 May 2026 onward, criminal background checks must be obtained without delay where any of the following occur:

1. 1. New PPs or KPs appointed after 31 May 2026. A Basic DBS or foreign equivalent is mandatory and must be:
      • Recent (generally within 6 months).
      • Covering all relevant jurisdictions.

1. 2. Existing individual applying for a new or additional PP/KP role, even if already approved in another capacity:
      • A fresh criminal record certificate may be required, depending on the date of the last check.
   3. Defined / Trigger Events: Examples include:
      • Change of control.
      • Promotion to a more influential role.
      • Material concerns about conduct or integrity. In these cases, deferral would not be defensible.

What the JFSC Will Expect to See in Practice

• From 31 May 2026 onwards, supervisors are likely to focus on governance and evidence, not a single cut-off date.
• You should be able to evidence:
• Updated policies and procedures covering criminal background checks.
• A documented risk-based assessment of existing PPs/KPs.
• A forward plan identifying:
• Who will be checked?
• When.
• Why that timing is appropriate.
• Clear rules that no new PP/KP appointment proceeds without a check.
• This expectation is explicitly reflected in JFSC feedback and industry updates.

Practical Compliance Scenarios

Bottom Line

• You do not need to complete all criminal background checks by 31 May 2026.
• But from that date onward, you must be able to show that you are actively managing them with no open-ended or undocumented delays.
• Leverage the transitional period (27 November 2025 to 31 May 2026) to prepare policies and assessments proactively.

References

All sources cited in the document are listed below for verification:

1. Consultation on enhancements to criminal background checks Issued:29 January 2025 https://www.jerseyfsc.org/industry/consultations/consultation-on-enhancements-to-criminal-background-checks/
2. Jersey Financial Services Commission (JFSC) Feedback Paper on Enhancements to Criminal Background Checks: https://www.jerseyfsc.org/media/0rpnaady/feedback-on-enhancements-to-criminal-background-checks.pdf
3. JFSC Implementation Date Announcement for AML/CFT/CPF Handbook Enhancements: https://www.jerseyfsc.org/news-and-events/implementation-date-for-amlcftcpf-handbook-enhancements/
4. https://www.comsuregroup.com/news/jfsc-feedback-and-follow-on-consultation-handbook-enhancements-and-criminal-background-checks/
5. https://www.comsuregroup.com/news/details-about-jfsc-consultation-on-enhancements-to-criminal-background-checks/

This updated document is self-contained, accurate as of January 2026.