Statutory Instrument 1997 No. 1317

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

---

© Crown Copyright 1997

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) Order 1997 , ISBN 0 11 063713 5. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

(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

[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