Statutory Instrument 1996 No. 2878

The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) Order 1996

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© Crown Copyright 1996

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1996 No. 2878

CRIMINAL LAW, ENGLAND AND WALES

The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) Order 1996

At the Court at Buckingham Palace, the 19th day of November 1996

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 1996 and shall come into force on 1st January 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.    In article 12(1)(e) of the principal Order, after the word "made" there shall be inserted the words "or to be made".

    3.    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 relating to Bermuda there shall be inserted the following—

Bolivia

when a warrant is issued by a competent judge or an order to institute proceedings, containing the preventive annotation of property liable to registration or the bank deposit of the monies, assets and property of the accused;

 (b) after the entry relating to the Cayman Islands, there shall be inserted the following—

Chile

when an application for a decision from the competent judicial authority is made”;

 (c) after the entry relating to Gibraltar, there shall be inserted the following—

Grenada

"(a) when an information is laid before a justice of the peace; (b) when a person is charged with an offence; (c) when a bill of indictment is preferred;

 (d) after the entry relating to Panama, there shall be inserted the following—

Paraguay

when a judge orders the restraint of property and a preventative detention order is made

Romania

"(a) when the start of a penal pursuit is ordered; (b) when penal proceedings start in respect of an offender;

 (e) after the entry relating to Switzerland, there shall be inserted the following—

Thailand	when a court or the Asset Examination Committee issues a restraint order
Ukraine	when a criminal case is brought;

 (f) the entry relating to United Mexican States shall be deleted and replaced by the following—

United Mexican States

"(a) when criminal proceedings are instituted by a judicial authority; (b) when the Ministerio Publico has established that there is probable cause to suspect that a person has committed an offence.

    4.    Schedule 2 to the principal Order shall be amended as follows:
 (a) there shall be inserted at the appropriate places in alphabetical order, the entries for the countries and territories specified in Schedule 1 to this Order (including, in the case of Thailand, the appropriate authority specified);
 (b) the entries for Macedonia and Yugoslavia shall be deleted; and
 (c) in respect of the countries and territories listed in Schedule 2 to this Order (being countries and territories already designated under Schedule 2 to the principal Order) there shall be inserted, opposite the entries in Schedule 2 to the principal Order the appropriate authorities specified in Schedule 2 to this Order.

    5.    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 Schedule 3 to this Order (including where so specified the appropriate authority for a country or territory).

N. H. Nicholls

Clerk of the Privy Council

[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 and 1994/1640. back

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

Explanatory Note