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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Criminal Justice (International Co-�operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) (No. 2) Order 1993 No. 3148 URL: http://www.bailii.org/uk/legis/num_reg/1993/uksi_19933148_en.html |
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Statutory Instruments
CRIMINAL LAW, ENGLAND AND WALES
CRIMINAL LAW, NORTHERN IRELAND
Made
16th December 1993
Laid before Parliament
10th January 1994
Coming into force
1st February 1994
At the Court at Buckingham Palace, the 16th day of December 1993
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) (No. 2) Order 1993 and shall come into force on 1st February 1994.
(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) ("the England and Wales Order"); 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) ("the Northern Ireland Order").
2. 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, after the entry relating to Montserrat, by the insertion of the following-
| "Netherlands | (a)when a pre-�trial financial investigation has been initiated; (b)when the provisional measure has been ordered by an investigating magistrate; (c)when a public prosecutor has requested a pre-�trial criminal investigation by an investigating magistrate to be instituted; (d)when a public prosecutor has laid an indictment". |
3. Schedule 2 to the principal Order shall be amended as follows-
(a)by the insertion, at the appropriate places in alphabetical order, of the entries for those countries and territories specified in Schedule 1 to this Order (including where so specified the appropriate authority for a country or territory) and the removal of the entry specifying the appropriate authority for Switzerland; and
(b)by the insertion opposite the entry for Switzerland, of the following entry-
"Office federal de la police".
4. Schedule 3 to the principal Order shall be amended by the insertion at the appropriate places in alphabetical order of the entries for those countries and territories specified in Schedule 2 to this Order (including where so specified the appropriate authority for a country or territory).
N. H. Nicholls
Clerk of the Privy Council
Article 3
| Designated country | Appropriate authority |
|---|---|
| Armenia | |
| Azerbaijan | |
| Bosnia and Herzegovina | |
| Brunei | |
| Colombia | the Fiscalia General de la Nacion |
| Croatia | |
| Dominica | |
| Dominican Republic | |
| El Salvador | |
| Macedonia | |
| Mauritania | |
| Netherlands | Afdeling Internationale Rechtshulp |
| Slovakia | |
| Zambia | |
| Zimbabwe |
Article 4
| Designated country | Appropriate authority |
|---|---|
| Bulgaria | |
| Isle of Man | Her Majesty's Attorney General for the Isle of Man |
| Netherlands | Afdeling Internationale Rechtshulp |
| Switzerland | Office federal de la police |
(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) and the Criminal Justice (International Co-�operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland) Order 1991 (S.I. 1991/1464). These provide for the enforcement in England and Wales and Northern Ireland of orders made by a Court in a designated country or territory for the forfeiture and destruction or other disposal of property used in connection with the commission of a drug trafficking offence. The powers in each of the 1991 Orders also apply to proceedings which have been, or are to be, instituted in a designated country or territory and may result in such an order being made there. The Orders were extended by the Criminal Justice (International Co-� operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) Order 1993 (S.I. 1993/1791) to include offences corresponding to indictable offences to which Part VI of the Criminal Justice Act 1988 (c. 33) applies and corresponding offences under the law of Northern Ireland.
This Order makes amendments in respect of the countries and territories to which the 1991 Orders apply.
