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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 1997 No. 1316 URL: http://www.bailii.org/uk/legis/num_reg/1997/uksi_19971316_en.html |
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Statutory Instruments
CRIMINAL LAW, ENGLAND AND WALES
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 96 of the Criminal Justice Act 1988(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 Act 1988 (Designated Countries and Territories) (Amendment) Order 1997 and shall come into force on 1st July 1997.
(2) This Order extends to England and Wales only.
(3) In this Order "the principal Order" means the Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991(2).
2. There shall be inserted in Schedule 1 to the principal Order, at the appropriate places in alphabetical order, the entries for those countries specified in the Schedule to this Order.
3. The Appendix set out at the end of paragraph 21(i) of Schedule 2 to the principal Order (institution of proceedings) shall be amended by the insertion, at the beginning, of the following-
| "Antigua & Barbuda | when a person has been charged with a scheduled offence |
| 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". |
4. A like amendment to that in article 3 above shall be made to the Appendix to section 102 of the Criminal Justice Act 1988 as set out in Schedule 3 to the principal Order.
N. H. Nicholls
Clerk of the Privy Council
Article 2
| 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 |
(This note is not part of the Order)
This Order amends the Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991 (S.I. 1991/2873) ("the principal Order") which provides that, subject to certain modifications, Part VI of the Criminal Justice Act 1988 applies to an order made by a court in a designated country or territory for the purpose of recovery of property obtained as a result of or in connection with an offence to which Part VI of the Act applies, recovering the value of property so obtained or depriving a person of a pecuniary advantage so obtained.
Article 2 of this Order and the Schedule add to the list of countries to which the principal Order applies. Article 3 amends the Appendix set out at the end of paragraph 21(i) of Schedule 2 to the principal Order so that the point of institution of proceedings for Antigua & Barbuda and Colombia are included. Article 4 makes the like amendment to article 3 in respect of the Appendix to section 102 of the 1988 Act set out in Schedule 3 to the principal Order.
The Order comes into force on 1st July 1997.
1988 c. 33; section 96 was amended by section 21 of the Criminal Justice Act 1993 (c. 36).
