Criminal Justice Act 1988 (c. 33)

(The document as of February, 2008)

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(2) If the chief officer or chief constable immediately informs the court that he intends to make such an application, the court shall make an order providing for the detention of the person in question, or directing that he shall not be released except on bail.

(3) Rules of Court may specify--

(a) a period within which the chief officer or chief constable must make such an application unless the Court grants a longer period; and

(b) a period within which the court must comply with such an application.

(4) Where the court fails to comply with an application under subsection (1) above within the period specified in Rules of Court the High Court may, on the application of the chief officer or chief constable, make an order requiring the court to state a case.

(5) The High Court shall have power--

(a) to remit the case to the magistrates' court to decide it according to the opinion of the High Court on the question of law; or

(b) to dismiss the appeal.

(6) An order made by a court in England and Wales or Northern Ireland under subsection (2) above shall cease to have effect if--

(a) the High Court dismisses the appeal; and

(b) the chief officer or chief constable does not immediately--

(i) apply for leave to appeal to the House of Lords; or

(ii) inform the court that he intends to apply for leave.

(7) An order made by a court in Scotland under subsection (2) above shall cease to have effect if the court dismisses the appeal.

(8) In relation to a decision of a court on an appeal under this section, section 1 of the [1960 c. 65.] Administration of Justice Act 1960 or section 41 of the [1978 c. 23.] Judicature (Northern Ireland) Act 1978 (right of appeal to House of Lords) shall have effect as if so much of subsection (2) as restricts the grant of leave to appeal were omitted.

(9) The House of Lords may exercise any powers of the High Court under subsection (5) above and subsection (6) above shall apply to them as it applies to that Court.

(10) Subject to subsections (6) and (7) above, an order under subsection (2) above shall have effect so long as the case is pending.

(11) For the purposes of this section a case is pending (unless proceedings are discontinued) until (disregarding any power of a court to grant leave to take any step out of time) there is no step that the chief officer or chief constable can take.

(12) In the application to Scotland of this section--

(a) for the references to the chief officer of police or the chief constable of the Royal Ulster Constabulary there shall be substituted references to the procurator fiscal;

(b) for the references to the High Court, other than the reference in subsection (9) above, there shall be substituted references to the High Court of Justiciary; and

(c) subsections (8) and (9) shall be omitted; and, in relation to an appeal under this section in Scotland, the court may make an order providing for the detention of the person to whom it relates, or may grant bail; and section 446(2) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 shall apply for the purpose of such an appeal as it applies for the purpose of an appeal such as is mentioned in section 444 of that Act. " .

Part III Fugitive Offenders Act 1967

6 The following section shall be substituted for section 3--

" 3 Relevant offences

(1) In this Act "relevant offence" means--

(a) conduct in a designated Commonwealth country or United Kingdom dependency which, if it occurred in the United Kingdom, would constitute an offence punishable with imprisonment for a term of 12 months or any greater punishment, and which, however described in the law of the designated Commonwealth country or United Kingdom dependency, is so punishable under that law; or

(b) any conduct which by virtue of subsection (4)(b) or (c) below is treated as conduct in a designated Commonwealth country or United Kingdom dependency and which satisfies the conditions in paragraph (a) above; or

(c) an extra-territorial offence against the law of the designated Commonwealth country or United Kingdom dependency which is punishable under that law with imprisonment for a term of 12 months or any greater punishment, and which satisfies--

(i) the conditions specified in subsection (2) below; or

(ii) all the conditions specified in subsection (3) below.

(2) The condition mentioned in subsection (1)(c)(i) above is that in corresponding circumstances equivalent conduct would constitute an extra-territorial offence against the law of the United Kingdom punishable with imprisonment for a term of 12 months, or any greater punishment.

(3) The conditions mentioned in subsection (1)(c)(ii) above are--

(a) that the designated Commonwealth country or United Kingdom dependency bases its jurisdiction on the nationality of the offender;

(b) that the conduct constituting the offence occurred outside the United Kingdom; and

(4) For the purposes of this Act--

(a) the law of a designated Commonwealth country or United Kingdom dependency includes the law of any part of that country or dependency and the law of the United Kingdom includes the law of any part of the United Kingdom; and

(b) conduct in a dependency of a designated Commonwealth country, or a vessel, aircraft or hovercraft of such a country, shall be treated as if it were conduct in that country; and

(c) conduct in a vessel, aircraft or hovercraft of a United Kingdom dependency shall be treated as if it were conduct in that dependency. " .

7 (1) Section 4 (general restrictions on return) shall be amended as follows.

(2) The following paragraph shall be inserted after paragraph (a) of subsection (1)--

" (aa) that it is an offence under military law which is not also an offence under the general criminal law; " .

(3) In subsection (3)--

(a) for the words "been restored or had an opportunity of returning to the United Kingdom" there shall be substituted the words "had an opportunity to leave that country";

(b) in paragraph (a), for the word "requested" there shall be substituted the word "ordered";

" (b) a lesser offence, other than an offence excluded by subsection (3A) below, which is disclosed by the facts in respect of which his return was ordered; or " ; and

(d) at the beginning of paragraph (c) there shall be inserted the words "subject to subsection (3B) below,".

(4) The following subsections shall be inserted after that subsection--

" (3A) The offences excluded from paragraph (b) of subsection (3) above are offences in relation to which an order for the return of the person concerned could not lawfully be made.

(3B) The Secretary of State may not give consent under paragraph (c) of that subsection in respect of an offence in relation to which it appears to him that an order for the return of the person concerned could not lawfully be made, or would not in fact be made. " .

8 (1) The following subsections shall be substituted for subsection (2) of section 5 (authority to proceed)--

" (2) There shall be furnished with any such request--

(a) particulars of the person whose return is requested;

(b) particulars of the offence of which he is accused or was convicted (including information sufficient to justify the issue of a warrant for his arrest under this Act);

(c) in the case of a person accused of an offence, a warrant for his arrest issued in the Commonwealth country or United Kingdom dependency; and

(d) in the case of a person unlawfully at large after conviction of an offence, a certificate of the conviction and sentence,

and copies of them shall be served on the person whose return is requested before he is brought before a court under section 7 of this Act.

(2A) Rules under section 144 of the [1980 c. 43.] Magistrates' Courts Act 1980 may make provision as to the procedure for service under subsection (2) above in England and Wales.

(2B) The High Court of Justiciary may, by Act of Adjournal, make rules as to the procedure for service under subsection (2) above in Scotland. " .

(2) The following subsection shall be added at the end of that section--

" (4) An authority to proceed shall specify the offence or offences under the law of the United Kingdom which it appears to the Secretary of State would be constituted by equivalent conduct in the United Kingdom. " .

9 In subsection (1)(a) of section 6 (arrest for purposes of committal) for the words "a metropolitan stipendiary magistrate or by" there shall be substituted the words--

" (i) the chief metropolitan stipendiary magistrate or a metropolitan stipendiary magistrate designated for the purposes of this Act by the Lord Chancellor; or

(ii) " .

10 (1) In subsection (1) of section 7 (proceedings for committal) for the words "a metropolitan stipendiary magistrate" there shall be substituted the words "the chief metropolitan stipendiary magistrate or a metropolitan stipendiary magistrate designated as mentioned in section 6(1)(a) above".

(2) For the words in subsection (5) of that section from "the court shall" to the end there shall be substituted the words

" the court, unless his committal is prohibited by any other provision of this Act, shall commit him in custody or on bail--

(i) to await the Secretary of State's decision as to his return to the country on behalf of which the request for his return was made; and

(ii) if the Secretary of State decides that he shall be returned to that country, to await his return.

(6) If the court commits a person under subsection (5) above, it shall issue a certificate of the offence against the law of the United Kingdom which would be constituted by his conduct.

(7) A person may be committed in the exercise of the power conferred by subsection (5) above either to custody or on bail.

(8) If the court commits a person to custody in the exercise of that power, it may subsequently grant him bail if it considers it appropriate to do so.

(9) If--

(a) the court is not satisfied as mentioned in subsection (5) above in relation to the person arrested; or

(b) his committal is prohibited by a provision of this Act, it shall discharge him " .

11 The following section shall be inserted after section 7--

" 7A Statement of case by court

(1) If the court of committal refuses to make an order of committal in relation to a person under section 7 above, in respect of the offence or, as the case may be, any of the offences, to which the authority to proceed relates, the country seeking the return of that person to it may question the proceeding on the ground that it is wrong in law by applying to the court to state a case for the opinion of the High Court or, in Scotland, the High Court of Justiciary on the question of law involved.

(2) If the country seeking his return immediately informs the court of committal that it intends to make such an application, the court shall make an order providing for his detention, or directing that he shall not be released except on bail.

(3) Rules of Court may specify--

(a) a period within which a country must make such an application unless the Court grants a longer period; and

(b) a period within which the court of committal must comply with such an application.

(4) Where the court of committal fails to comply with an application under subsection (1) above within the period specified in Rules of Court, the High Court or, in Scotland, the High Court of Justiciary may, on the application of the country seeking the return of the person in question, make an order requiring the court to state a case.

(5) The High Court or High Court of Justiciary shall have power--

(a) to remit the case to the court of committal to decide it according to the opinion of the High Court or High Court of Justiciary on the question of law; or

(b) to dismiss the appeal.

(6) Where the court dismisses an appeal relating to an offence, it shall by order declare that that offence is not an offence in respect of which the Secretary of State has power to make an order under section 9 of this Act in respect of the person whose return was requested.

(7) An order made by a metropolitan magistrate under subsection (2) above shall cease to have effect if--

(a) the court dismisses the appeal in respect of the offence or all the offences to which it relates; and

(b) the country seeking return does not immediately--

(i) apply for leave to appeal to the House of Lords; or

(ii) inform the court that it intends to apply for leave.

(8) An order made by the sheriff of Lothian and Borders under subsection (2) above shall cease to have effect if the court dismisses the appeal in respect of the offence or all of the offences to which it relates.

(9) In relation to a decision of a court on an appeal under this section, section 1 of the [1960 c. 65.] Administration of Justice Act 1960 (right of appeal to House of Lords) shall have effect as if so much of subsection (2) as restricts the grant of leave to appeal were omitted.

(10) The House of Lords may exercise any powers of the High Court under subsection (5) above and subsection (6) above shall apply to them as it applies to that Court.

(11) Subject to subsections (7) and (8) above, an order under subsection (2) above shall have effect so long as the case is pending.

(12) For the purposes of this section a case is pending (unless proceedings are discontinued) until (disregarding any power of a court to grant leave to take any step out of time) there is no step that the Commonwealth country can take.

(13) In the application to Scotland of this section, subsections (9) and (10) shall be omitted, and, in relation to an appeal under this section in Scotland section 446(2) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 shall apply for the purpose of such an appeal as it applies for the purpose of an appeal such as is mentioned in section 444 of that Act. " .

12 (1) Section 8 (application for habeas corpus etc.) shall be amended as follows.

(2) The words "to custody" shall be omitted from subsections (1) and (2).

(3) The following words shall be substituted for the words in subsection (3) from the beginning to "the court", in the second place where those words occur--

" (3) Without prejudice to any jurisdiction of the High Court or High Court of Justiciary apart from this section, the court shall order the applicant's discharge if it appears to the court, in relation to the offence, or each of the offences, in respect of which the applicant's return is sought, " .

(4) In subsection (5), for the words from "until" to the end there shall be substituted the words "(unless they are discontinued) until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal".

(5) The following subsections shall be inserted after that subsection--

" (6) A person may give notice that he waives the rights conferred on him by subsection (2) above.

(7) A notice under this section shall be given in England and Wales in the manner prescribed by rules under section 144 of the [1980 c. 43.] Magistrates' Courts Act 1980 and, without prejudice to the generality of subsection (1) of that section, the power to make such rules shall include power to make provision for a magistrate to order the committal for return of a person with his consent at any time after his arrest.

(8) In Scotland, a person may give notice in the manner prescribed by the High Court of Justiciary by Act of Adjournal that he waives the rights conferred on him by subsection (2) above and the sheriff may order the committal for return of a person with his consent at any time after his arrest.

(9) In any case where an order is made under this section, this Act shall cease to apply to the person in respect of whom it is made, except that if within one month after the order is made he is not surrendered to the country to which he is to be returned, the High Court or, in Scotland, the High Court of Justiciary, upon application by or on behalf of that person, may, unless reasonable cause is shown for the delay, order him to be discharged. " .

13 (1) Section 9 (order for return to requesting country) shall be amended as follows.

(2) In subsection (1) for the words "to await his return" there shall be substituted the words "under section 7 of this Act".

(3) In paragraph (b) of subsection (2), after the word "withdrawn" there shall be inserted the words "or unless an order is made for it to lie on the file".

(4) The following subsection shall be inserted after that subsection--

" (2A) In the application of this section to Scotland, the reference to an order being made for the charge to lie on the file shall be construed as a reference to the diet being deserted pro loco et tempore. " .

14 In subsection (1) of section 10 (discharge in case of delay in returning) for the words from "to" to "Act", in the first place where it occurs, there shall be substituted the words "under section 7 of this Act is still in the United Kingdom".

15 The following paragraph shall be substituted for subsection (2)(b) of section 14 (restriction upon proceedings)--

" (b) any lesser offence disclosed by the particulars furnished to the designated Commonwealth country or United Kingdom dependency on which his return is grounded; or " .

16 In subsection (1) of section 16 (application to Channel Islands and Isle of Man) the words "(except for purposes of the references to the United Kingdom in section 3)" shall cease to have effect.

17 At the end of subsection (1) of section 19 (interpretation) there shall be added--

" "warrant", in the case of any country, includes any judicial document authorising the arrest of a person accused or convicted of an offence. " .

Section 28.

SCHEDULE 2 Documentary Evidence--Supplementary

1 Where a statement is admitted as evidence in criminal proceedings by virtue of Part II of this Act--

(a) any evidence which, if the person making the statement had been called as a witness, would have been admissible as relevant to his credibility as a witness shall be admissible for that purpose in those proceedings;

(b) evidence may, with the leave of the court, be given of any matter which, if that person had been called as a witness, could have been put to him in cross-examination as relevant to his credibility as a witness but of which evidence could not have been adduced by the cross-examining party; and

(c) evidence tending to prove that that person, whether before or after making the statement, made (whether orally or not) some other statement which is inconsistent with it shall be admissible for the purpose of showing that he has contradicted himself.

2 A statement which is given in evidence by virtue of Part II of this Act shall not be capable of corroborating evidence given by the person making it.

3 In estimating the weight, if any, to be attached to such a statement regard shall be had to all the circumstances from which any inference can reasonably be drawn as to its accuracy or otherwise.

4 Without prejudice to the generality of any enactment conferring power to make them--

(a) Crown Court Rules;

(b) Criminal Appeal Rules; and

may make such provision as appears to the authority making any of them to be necessary or expedient for the purposes of Part II of this Act.

5 Expressions used in Part II of this Act and in Part I of the [1968 c. 64.] Civil Evidence Act 1968 are to be construed in Part II of this Act in accordance with section 10 of that Act.

6 In Part II of this Act "confession" has the meaning assigned to it by section 82 of the [1984 c. 60.] Police and Criminal Evidence Act 1984.

Section 36.

SCHEDULE 3 Reviews of Sentencing--Supplementary

1 Notice of an application for leave to refer a case to the Court of Appeal under section 36 above shall be given within 28 days from the day on which the sentence, or the last of the sentences, in the case was passed.

2 If the registrar of criminal appeals is given notice of a reference or application to the Court of Appeal under section 36 above, he shall--

(a) take all necessary steps for obtaining a hearing of the reference or application; and

(b) obtain and lay before the Court in proper form all documents, exhibits and other things which appear necessary for the proper determination of the reference or application.

3 Rules of court may enable a person to whose sentencing such a reference or application relates to obtain from the registrar any documents or things, including copies or reproductions of documents, required for the reference or application and may authorise the registrar to make charges for them in accordance with scales and rates fixed from time to time by the Treasury.

4 An application to the Court of Appeal for leave to refer a case to the House of Lords under section 36(5) above shall be made within the period of 14 days beginning with the date on which the Court of Appeal conclude their review of the case; and an application to the House of Lords for leave shall be made within the period of 14 days beginning with the date on which the Court of Appeal conclude their review or refuse leave to refer the case to the House of Lords.

5 The time during which a person whose case has been referred for review under section 36 above is in custody pending its review and pending any reference to the House of Lords under subsection (5) of that section shall be reckoned as part of the term of any sentence to which he is for the time being subject.

6 Except as provided by paragraphs 7 and 8 below, a person whose sentencing is the subject of a reference to the Court of Appeal under section 36 above shall be entitled to be present, if he wishes it, on the hearing of the reference, although he may be in custody.

7 A person in custody shall not be entitled to be present--

(a) on an application by the Attorney General for leave to refer a case; or

(b) on any proceedings preliminary or incidental to a reference,

unless the Court of Appeal give him leave to be present.

8 The power of the Court of Appeal to pass sentence on a person may be exercised although he is not present.

9 A person whose sentencing is the subject of a reference to the House of Lords under section 36(5) above and who is detained pending the hearing of that reference shall not be entitled to be present on the hearing of the reference or of any proceeding preliminary or incidental thereto except where an order of the House authorises him to be present, or where the House or the Court of Appeal, as the case may be, give him leave to be present.

10 The term of any sentence passed by the Court of Appeal or House of Lords under section 36 above shall, unless they otherwise direct, begin to run from the time when it would have begun to run if passed in the proceeding in relation to which the reference was made.

11 Where on a reference to the Court of Appeal under section 36 above or a reference to the House of Lords under subsection (5) of that section the person whose sentencing is the subject of the reference appears by counsel for the purpose of presenting any argument to the Court or the House, he shall be entitled to his costs, that is to say to the payment out of central funds of such funds as are reasonably sufficient to compensate him for expenses properly incurred by him for the purpose of being represented on the reference; and any amount recoverable under this paragraph shall be ascertained, as soon as practicable, by the registrar of criminal appeals or, as the case may be, such officer as may be prescribed by order of the House of Lords.

12 In the application of this Schedule to Northern Ireland--

(a) any reference to the Attorney General shall be construed as a reference to the Attorney General for Northern Ireland;

(b) any reference (except in paragraph 11) to the registrar of criminal appeals shall be construed as a reference to the Master (Queen's Bench and Appeals);

(d) the reference in paragraph 11 to the registrar of criminal appeals shall be construed as a reference to the Master (Taxing Office).

Section 71.

SCHEDULE 4 Confiscation Orders

Part I Offences in Respect of which Magistrates' Courts may make Confiscation Orders

Enactment	Description of offence
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 (c. 30)
Schedule 3--
paragraphs 20 and 21	Offences relating to sex establishments.
VIDEO RECORDINGS ACT 1984 (c. 39)
Section 9	Supplying video recording of unclassified work.
Section 10	Possession of video recording of unclassified work for the purposes of supply.
CINEMAS ACT 1985 (c. 13)
Section 10(1)(a)	Use of unlicensed premises for exhibition which requires a licence.

Part II Orders Varying List of Offences

1 The Secretary of State may by order made by statutory instrument amend Part I of this Schedule by removing any offence from or adding any offence to the offences listed in it.

2 A statutory instrument containing an order under paragraph 1 above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Section 103.

SCHEDULE 5 Drug Trafficking Amendments

Part I Amendments of Drug Trafficking Offences Act 1986

1 The [1986 c. 32.] Drug Trafficking Offences Act 1986 shall be amended as follows.

2 In section 7 (cases in which restraint orders and charging orders may be made)--

(a) in subsection (2)(a) for the words from "an" to "committed" there shall be substituted the words "whether by the laying of an information or otherwise, a person is to be charged with"; and

(b) in subsection (4), for the words "the proposed proceedings are not instituted" there shall be substituted the words "proceedings in respect of the offence are not instituted (whether by the laying of an information or otherwise)".

3 (1) The following subsection shall be inserted after subsection (5) of section 8 (restraint orders)--

" (5A) An application for the discharge or variation of a restraint order may be made by any person affected by it. " .

(2) The following subsections shall be added at the end of that section--

" (10) The [1972 c. 61.] Land Charges Act 1972 and the [1925 c. 21.] Land Registration Act 1925 shall apply--

(a) in relation to restraint orders, as they apply in relation to orders affecting land made by the court for the purpose of enforcing judgments or recognisances; and

(b) in relation to applications for restraint orders, as they apply in relation to other pending land actions.

(11) The prosecutor shall be treated for the purposes of section 57 of the Land Registration Act 1925 (inhibitions) as a person interested in relation to any registered land to which a restraint order or an application for such an order relates. " .

4 (1) The following paragraphs shall be substituted for subsection (3)(a) and (b) of section 9 (charging orders in respect of land, securities etc.)--

" (a) may be made only on an application by the prosecutor;

(b) may be made on an ex parte application to a judge in chambers;

(d) may be made subject to such conditions as the court thinks fit and, without prejudice to the generality of this paragraph, such conditions as it thinks fit as to the time when the charge is to become effective " .

(2) The following subsection shall be added at the end of that section--

" (8) An application for the discharge or variation of a charging order may be made by any person affected by it. " .

5 Subsection (1) of section 10 of that Act (charging orders: supplementary provisions) shall cease to have effect.

6 (1) Section 12 (application of proceeds of realisation and other sums) shall be amended as follows.

(2) In subsection (1), after the word "shall" there shall be inserted the words "first be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under section 17A(2) of this Act and then shall,".

(3) In subsection (3), for the words from "sum", in the second place where it occurs, to "balance" there shall be substituted the words " justices' clerk shall apply the money received for the purposes specified in this section and in the order so specified.

(4) The justices' clerk shall first pay any expenses incurred by a person acting as an insolvency practitioner and payable under section 17A(2) of this Act but not already paid under subsection (1) above.

(5) If the money was paid to the justices' clerk by a receiver appointed under section 8 or 11 of this Act or in pursuance of a charging order the justices' clerk shall next pay the receiver's remuneration and expenses.

(6) After making--

(a) any payment required by subsection (4) above; and

(b) in a case to which subsection (5) above applies, any payment required by that subsection,

the justices' clerk shall reimburse any amount paid under section 18(2) of this Act.

(7) Any balance in the hands of the justices' clerk after he has made all payments required by the foregoing provisions of this section " .

7 In section 15 (bankruptcy of defendant etc.)--

(a) subsection (5)(b) and (c) shall cease to have effect; and

(b) the following paragraph shall be substituted for subsection (7)(d)--

" (d) subsection (2)(b) is omitted. " .

8 (1) Section 16 (sequestration in Scotland of defendant etc.) shall be amended as follows.

(2) At the end of subsection (2) there shall be inserted the words "and it shall not be competent to submit a claim in relation to the confiscation order to the permanent trustee in accordance with section 48 of that Act".

(3) The following subsection shall be substituted for subsection (5)--

" (5) Where, during the period before sequestration is awarded, an interim trustee stands appointed under the proviso to section 13(1) of that Act and any property in the debtor's estate is subject to a restraint order, the powers conferred on the trustee by virtue of that Act do not apply to property for the time being subject to the restraint order. " .

9 In subsection (1) of section 17 (winding up of company holding realisable property) the words from "but" to the end shall cease to have effect.

10 The following section shall be inserted after that section--

" 17A Insolvency officers dealing with property subject to restraint order

(1) Without prejudice to the generality of any enactment contained in the [1986 c. 45.] Insolvency Act 1986 or in any other Act, where--

(a) any person acting as an insolvency practitioner seizes or disposes of any property in relation to which his functions are not exercisable because it is for the time being subject to a restraint order; and

(b) at the time of the seizure or disposal he believes, and has reasonable grounds for believing, that he is entitled (whether in pursuance of an order of the court or otherwise) to seize or dispose of that property,

he shall not be liable to any person in respect of any loss or damage resulting from the seizure or disposal except in so far as the loss or damage is caused by his negligence in so acting; and a person so acting shall have a lien on the property, or the proceeds of its sale, for such of his expenses as were incurred in connection with the liquidation, bankruptcy or other proceedings in relation to which the seizure or disposal purported to take place and for so much of his remuneration as may reasonably be assigned for his acting in connection with those proceedings.

(2) Any person who, acting as an insolvency practitioner, incurs expenses--

(a) in respect of such property as is mentioned in paragraph (a) of subsection (1) above and in so doing does not know and has no reasonable grounds to believe that the property is for the time being subject to a restraint order; or

(b) other than in respect of such property as is so mentioned, being expenses which, but for the effect of a restraint order, might have been met by taking possession of and realising the property,

shall be entitled (whether or not he has seized or disposed of that property so as to have a lien under that subsection) to payment of those expenses under section 12(1) or (3)(za) of this Act.

(3) In this Act, the expression "acting as an insolvency practitioner" shall be construed in accordance with section 388 (interpretation) of the said Act of 1986 except that for the purposes of such construction the reference in subsection (2)(a) of that section to a permanent or interim trustee in sequestration shall be taken to include a reference to a trustee in sequestration and subsection (5) of that section (which provides that nothing in the section is to apply to anything done by the official receiver) shall be disregarded; and the expression shall also comprehend the official receiver acting as receiver or manager of the property. " .

11 In subsection (2) of section 18 (receivers: supplementary provisions) for "(3)(a)" there shall be substituted "(3B)".

12 In section 19 (compensation)--

(a) in paragraph (b)(i) of subsection (1), the words "(and no conviction for any drug trafficking offence is substituted)" shall cease to have effect;

(b) at the end of that subsection there shall be added the words "if, having regard to all the circumstances, it considers it appropriate to make such an order";

(i) the words "and that, but for that default, the proceedings would not have been instituted or continued,"; and

(ii) in paragraph (b), the word "substantial",

shall cease to have effect; and

(d) the following subsection shall be inserted after that subsection--

" (2A) The Court shall not order compensation to be paid in any case where it appears to the Court that the proceedings would have been instituted or continued if the serious default had not occurred. " .

13 The following subsection shall be inserted after subsection (5) of section 24 (assisting another to retain the benefit of drug trafficking)--

" (5A) In this section "constable" includes a police officer engaged on central service (as defined in section 43(5) of the [1964 c. 48.] Police Act 1964). " .

14 (1) The following paragraph shall be substituted for subsection (1)(d) of section 25 (enforcement of Northern Ireland orders)--

" (d) the references to the laying of an information in section 7(2) and (4) of this Act included references to making a complaint under Article 20 of the [S.I. 1981/1675 (N.I. 26).] Magistrates' Courts (Northern Ireland) Order 1981. " .

(2) In subsection (3) of that section the words "varying or revoking a previous Order in Council" shall cease to have effect.

15 The following sections shall be substituted for section 26--

" 26 Enforcement of other external orders

(1) Her Majesty may by Order in Council--

(a) direct in relation to a country or territory outside the United Kingdom designated by the Order ("a designated country") that, subject to such modifications as may be specified, this Act shall apply to external confiscation orders and to proceedings which have been or are to be instituted in the designated country and may result in an external confiscation order being made there;

(b) make--

(i) such provision in connection with the taking of action in the designated country with a view to satisfying a confiscation order; and

(ii) such provision as to evidence or proof of any matter for the purposes of this section and section 26A below; and

(iii) such incidental, consequential and transitional provision,

as appears to Her Majesty to be expedient; and

(c) without prejudice to the generality of this subsection, direct that in such circumstances as may be specified proceeds which arise out of action taken in the designated country with a view to satisfying a confiscation order shall be treated as reducing the amount payable under the order to such extent as may be specified.

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