Statutory Instrument 1997 No. 1317

The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) Order 1997

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1997 No. 1317

CRIMINAL LAW, ENGLAND AND WALES
CRIMINAL LAW, NORTHERN IRELAND

The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) Order 1997

	Made	20th May 1997
	Laid before Parliament	30th May 1997
	Coming into force	1st July 1997

At the Court at Buckingham Palace, the 20th day of May 1997
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by section 9 of the Criminal Justice (International Co-operation) Act 1990[1], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: - 

    1. - (1) This Order may be cited as the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) Order 1997 and shall come into force on 1st July 1997.

    (2) In this Order "the principal Order" means - 

(a) in relation to England and Wales, the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991[2]; and

(b) in relation to Northern Ireland, the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland) Order 1991[3].

    2.Article 2(1) of the England and Wales Order shall be amended, in the definition of "drug trafficking offence", by the substitution of the following in place of sub-paragraphs (d) and (e) - 

" (d) an offence under section 12 or 19 of the Criminal Justice (International Co-operation) Act 1990;

(e) an offence under section 49, 50 or 51 of the Drug Trafficking Act 1994[4];".

    3.Article 2(1) of the Northern Ireland Order shall be amended as follows - 

(a) in the definition of "drug trafficking", for sub-paragraph (d) there shall be substituted the following - 


" (d) an offence under Article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996[5] in connection with the proceeds of drug trafficking;".



(b) for the definition of "offence to which this Order applies" there shall be substituted the following - 

" "offence to which this Order applies" means a drug trafficking offence or any offence corresponding or similar to an indictable offence to which the Proceeds of Crime (Northern Ireland) Order 1996 applies, other than a drug trafficking offence;".

    4.Schedule 1 to the principal Order (which defines the institution of proceedings for the purposes of article 2(5) of that Order) shall be amended as follows - 

(a) after the entry for Anguilla, there shall be inserted the following entry - 



"Antigua & Barbuda

when a person has been charged with a scheduled offence";

(b) after the entry for Chile, there shall be inserted the following entry - 



"Colombia

when a preliminary investigation or a formal process has begun and, in either case, a Resolution has been issued for a freezing or seizure order".

    5.Schedule 2 to the principal Order shall be amended as follows - 

(a) below "Iran" there shall be inserted "Ireland";

(b) opposite the entry for Antigua & Barbuda there shall be inserted "The Attorney General";

(c) the entry opposite Colombia shall be deleted and replaced by "The Fiscalia General de la Nacion and the Ministerio de Justicia del Derecho".

    6.Schedule 3 to the principal Order shall be amended by the insertion at the appropriate places in alphabetical order, of the entries for the countries and territories specified in the Schedule to this Order (including where so specified the appropriate authority for the country or territory).


N. H. Nicholls
Clerk of the Privy Council

SCHEDULEArticle 6


DESIGNATED COUNTRIES  -  OTHER OFFENCES

Designated country	Appropriate authority
Antigua & Barbuda	The Attorney General
Colombia	The Fiscalia General de la Nacion and the Ministerio de Justicia del Derecho
Cyprus
Czech Republic
Denmark
France
Ireland

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991 (S.I. 1991/1463) ("the England and Wales Order") and the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland) Order 1991 (S.I. 1991/1464) ("the Northern Ireland Order").

Article 2 amends the definition of "drug trafficking" in the England and Wales Order and article 3 does likewise in respect of the Northern Ireland Order, as well as substituting a new definition in that Order of "offence to which this Order applies".

Article 4 inserts the point at which proceedings are instituted in Antigua & Barbuda and Colombia. Article 5 amends Schedule 2 to the 1991 Orders which lists countries designated for drug trafficking offences. The further countries designated for other offences are listed in the Schedule.

The Order comes into force on 1st July 1997.

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Notes:

[1] 1990 c. 5; section 9 was amended by section 21 of the Criminal Justice Act 1993 (c. 36) and by section 14 of the Proceeds of Crime Act 1995 (c. 11).back

[2] S.I. 1991/1463, amended by S.I. 1992/1721, 1993/1791, 1993/3148, 1994/1640 and 1996/2878.back

[3] S.I. 1991/1464, amended by S.I. 1992/1721, 1993/1791, 1993/3148, 1994/1640 and 1996/2878.back

[4] 1994 c. 37.back

[5] S.I. 1996/1297 (N.I. 9).back

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ISBN 0 11 063713 5

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