Statutory Instrument 1997 No. 1316

      The Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 1997


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STATUTORY INSTRUMENTS


1997 No. 1316

CRIMINAL LAW, ENGLAND AND WALES

The Criminal Justice Act 1988 (Designated Countries and Territories) (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 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


SCHEDULE
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  


EXPLANATORY NOTE

(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.


Notes:

[1] 1988 c. 33; section 96 was amended by section 21 of the Criminal Justice Act 1993 (c. 36). back

[2] S.I. 1991/2873, as amended by S.I. 1993/1790, 1993/3147, 1994/1639, 1996/278 and 1996/2877. back



ISBN 0 11 063712 7


 
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Prepared 28 May 1997