Drug Trafficking Offences Act 1986

• " premises " includes any place and, in particular, includes— any vehicle, vessel, aircraft or hovercraft, any offshore installation within the meaning of section 1 of the Mineral Workings (Offshore Installations) Act 1971, and any tent or movable structure.

Disclosure of information held by government departments

30

• (1) Subject to subsection (4) below, the High Court may on an application by the prosecutor order any material mentioned in subsection (3) below which is in the possession of an authorised government department to be produced to the court within such period as the court may specify.

• (2) The power to make an order under subsection (1) above is exercisable if—

• (a) the powers conferred on the court by sections 8(1) and 9(1) of this Act are exercisable by virtue of subsection (1) of section 7 of this Act, or

• (b) those powers are exercisable by virtue of subsection (2) of that section and the court has made a restraint or charging order which has not been discharged ;

but where the power to make an order under subsection (1) above is exercisable by virtue only of paragraph (b) above, subsection (3) of section 7 of this Act shall apply for the purposes of this section as it applies for the purposes of sections 8 and 9 of this Act.

• (3) The material referred to in subsection (1) above is any material which—

• (a) has been submitted to an officer of an authorised government department by the defendant or by a person who has at any time held property which was realisable property,

• (b) has been made by an officer of an authorised government department in relation to the defendant or such a person, or

• (c) is correspondence which passed between an officer of an authorised government department and the defendant or such a person,

and an order under that subsection may require the production of all such material or of a particular description of such material, being material in the possession of the department concerned.

• (4) An order under subsection (1) above shall not require the production of any material unless it appears to the High Court that the material is likely to contain information that would facilitate the exercise of the powers conferred on the court by sections 8 to 11 of this Act or on a receiver appointed under section 8 or 11 of this Act or in pursuance of a charging order.

• (5) The court may by order authorise the disclosure to such a receiver of any material produced under subsection (1) above or any part of such material; but the court shall not make an order under this subsection unless a reasonable opportunity has been given for an officer of the department to make representations to the court.

• (6) Material disclosed in pursuance of an order under subsection (5) above may, subject to any conditions contained in the order, be further disclosed for the purposes of the functions under this Act of the receiver or the Crown Court.

• (7) The court may by order authorise the disclosure to a person mentioned in subsection (8) below of any material produced under subsection (1) above or any part of such material; but the court shall not make an order under this subsection unless—

• (a) a reasonable opportunity has been given for an officer of the department to make representations to the court, and

• (b) it appears to the court that the material is likely to be of substantial value in exercising functions relating to drug trafficking.

• (8) The persons referred to in subsection (7) above are—

• (a) any member of a police force,

• (b) any member of the Crown Prosecution Service, and

• (c) any officer within the meaning of the Customs and Excise Management Act 1979.

• (9) Material disclosed in pursuance of an order under subsection (7) above may, subject to any conditions contained in the order, be further disclosed for the purposes of functions relating to drug trafficking.

• (10) Material may be produced or disclosed in pursuance of this section notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information imposed by statute or otherwise.

• (11) An order under subsection (1) above and, in the case of material in the possession of an authorised government department, an order under section 27(2) of this Act may require any officer of the department (whether named in the order or not) who may for the time being be in possession of the material concerned to comply with it, and such an order shall be served as if the proceedings were civil proceedings against the department.

• (12) The person on whom such an order is served—

• (a) shall take all reasonable steps to bring it to the attention of the officer concerned, and

• (b) if the order is not brought to that officer's attention within the period referred to in subsection (1) above, shall report the reasons for the failure to the court;

and it shall also be the duty of any other officer of the department in receipt of the order to take such steps as are mentioned in paragraph (a) above.

Offence of prejudicing investigation

31

• (1) Where, in relation to an investigation into drug trafficking, an order under section 27 of this Act has been made or has been applied for and has not been refused or a warrant under section 28 of this Act has been issued, a person who, knowing or suspecting that the investigation is taking place, makes any disclosure which is likely to prejudice the investigation is guilty of an offence.

• (2) In proceedings against a person for an offence under this section, it is a defence to prove—

• (a) that he did not know or suspect that the disclosure was likely to prejudice the investigation, or

• (b) that he had lawful authority or reasonable excuse for making the disclosure.

• (3) A person guilty of an offence under this section shall be liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both, and

• (b) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.

Authorisation of delay in notifying arrest

32

• (1) In section 56 of the Police and Criminal Evidence Act 1984 (right to have someone informed when arrested), at the beginning of subsection (5) there is inserted " Subject to subsection (5A) below " and after that subsection there is inserted—

(5A) An officer may also authorise delay where the serious arrestable offence is a drug trafficking offence and the officer has reasonable grounds for believing— (a) that the detained person has benefited from drug trafficking, and (b) that the recovery of the value of that person's proceeds of drug trafficking will be hindered by telling the named person of the arrest.

• (2) In section 58 of that Act (access to legal advice) at the beginning of subsection (8) there is inserted " Subject to subsection (8A) below " and after that subsection there is inserted—

(8A) An officer may also authorise delay where the serious arrestable offence is a drug trafficking offence and the officer has reasonable grounds for believing— (a) that the detained person has benefited from drug trafficking, and (b) that the recovery of the value of that person's proceeds of drug trafficking will be hindered by the exercise of the right conferred by subsection (1) above.

• (3) In section 65 of that Act (interpretation)—

• (a) after the definition of " appropriate consent" there is inserted—

• "drug trafficking" and "drug trafficking offence " have the same meaning as in the Drug Trafficking Offences Act 1986

, and

• (b) at the end of that section there is inserted " and references in this Part to any person's proceeds of drug trafficking are to be construed in accordance with the Drug Trafficking Offences Act 1986 ".

• (4) Without prejudice to section 20(2) of the Interpretation Act 1978, the Police and Criminal Evidence Act 1984 (Application to Customs and Excise) Order 1985 applies to sections 56 and 58 of the Police and Criminal Evidence Act 1984 as those sections have effect by virtue of this section.

Miscellaneous and Supplemental

Power to inspect Land Register etc.

33

• (1) The Chief Land Registrar (in this section referred to as " the registrar ") shall, on an application under subsection (2) or (4) below made in relation to a person specified in the application or to property so specified, provide the applicant with any information kept by the registrar under the Land Registration Act 1925 which relates to the person or property so specified.

• (2) An application may be made by—

• (a) any police officer not below the rank of superintendent,

• (b) any Crown Prosecutor, or

• (c) any person commissioned by the Commissioners of Customs and Excise not below the rank of senior executive officer,

and on an application under this subsection an appropriate certificate shall be given to the registrar.

• (3) In subsection (2) above, " appropriate certificate " means a certificate—

• (a) that there are reasonable grounds for suspecting that there is information kept by the registrar which is likely to be of substantial value (whether by itself or together with other information) to an investigation into drug trafficking, or

• (b) that—

• (i) a person specified in the certificate has committed or there are reasonable grounds for suspecting that a person so specified has committed a drug trafficking offence, and

• (ii) there are reasonable grounds for suspecting that there is information kept by the registrar which is likely to be of substantial value (whether by itself or together with other information) to an investigation into whether the person so specified has benefited from drug trafficking or in facilitating the recovery of the value of his proceeds of drug trafficking.

• (4) An application may be made by a receiver appointed under section 8 or 11 of this Act and on an application under this subsection there shall be given to the registrar—

• (a) a document certified by the proper officer of the court to be a true copy of the order appointing the receiver, and

• (b) a certificate that there are reasonable grounds for suspecting that there is information kept by the registrar which is likely to facilitate the exercise of the powers conferred on the receiver in respect of the person or property specified in the application.

• (5) The reference in subsection (1) above to the provision of information is a reference to its provision in documentary form.

Drug administration kits etc.

Prohibition of supply etc. of articles for administering or preparing controlled drugs

34

• (1) After section 9 of the Misuse of Drugs Act 1971 there is inserted the following section—

(9A) (1) A person who supplies or offers to supply any article which may be used or adapted to be used (whether by itself or in combination with another article or other articles) in the administration by any person of a controlled drug to himself or another, believing that the article (or the article as adapted) is to be so used in circumstances where the administration is unlawful, is guilty of an offence. (2) It is not an offence under subsection (1) above to supply or offer to supply a hypodermic syringe, or any part of one. (3) A person who supplies or offers to supply any article which may be used to prepare a controlled drug for administration by any person to himself or another believing that the article is to be so used in circumstances where the administration is unlawful is guilty of an offence. (4) For the purposes of this section, any administration of a controlled drug is unlawful except— (a) the administration by any person of a controlled drug to another in circumstances where the administration of the drug is not unlawful under section 4(1) of this Act, or (b) the administration by any person of a controlled drug to himself in circumstances where having the controlled drug in his possession is not unlawful under section 5(1) of this Act. (5) In this section, references to administration by any person of a controlled, drug to himself include a reference to his administering it to himself with the assistance of another

.

• (2) In Schedule 4 to that Act, after the entry relating to section 9 there is inserted—

Section 9A.	Prohibition of supply etc. of articles for administering or preparing controlled drugs.	Summary	— — —	6 months or level 5 on the standard scale, or both.

Miscellaneous and Supplemental

Power to appoint additional assistant commissioner

35

In section 2 of the Metropolitan Police Act 1856 (power to appoint two assistant commissioners of police for the metropolis, increased to five by the Metropolitan Police Act 1933) for the word " two " there is substituted " six " ; and the Metropolitan Police Act 1933 is repealed.

Drug trafficking offences to be serious arrestable offences

36

In section 116(2) of the Police and Criminal Evidence Act 1984 (arrestable offences that are always serious) after paragraph (a) there is inserted—

(aa) any of the offences mentioned in paragraphs (a) to (d) of the definition of " drug trafficking offence " in section 38(1) of the Drug Trafficking Offences Act 1986

.

Expenses

37

There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.

General interpretation

38

• (1) In this Act—

• " authorised government department " means a government department which is an authorised department for the purposes of the Crown Proceedings Act 1947 ;

• " constable " includes a person commissioned by the Commissioners of Customs and Excise ;

• " corresponding law " has the same meaning as in the Misuse of Drugs Act 1971;

• " drug trafficking " means doing or being concerned in any of the following, whether in England and Wales or elsewhere— producing or supplying a controlled drug where the production or supply contravenes section 4(1) of the Misuse of Drugs Act 1971 or a corresponding law; transporting or storing a controlled drug where possession of the drug contravenes section 5(1) of that Act or a corresponding law ; importing or exporting a controlled drug where the importation or exportation is prohibited by section 3(1) of that Act or a corresponding law; and includes a person doing the following, whether in England and Wales or elsewhere, that is entering into or being otherwise concerned in an arrangement whereby— the retention or control by or on behalf of another person of the other person's proceeds of drug trafficking is facilitated, or the proceeds of drug trafficking by another person are used to secure that funds are placed at the other person's disposal or are used for the other person's benefit to acquire property by way of investment;

• " drug trafficking offence " means any of the following-— an offence under section 4(2) or (3) or 5(3) of the Misuse of Drugs Act 1971 (production, supply and possession for supply of controlled drugs); an offence under section 20 of that Act (assisting in or inducing commission outside United Kingdom of offence punishable under a corresponding law); an offence under— section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation), section 68(2) of that Act (exportation), or section 170 of that Act (fraudulent evasion), in connection with a prohibition or restriction on importation or exportation having effect by virtue of section 3 of the Misuse of Drugs Act 1971; an offence under section 24 of this Act; an offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit any of the offences in paragraphs (a) to (d) above ; an offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit any of those offences; an offence of inciting another to commit any of those offences, whether under section 19 of the Misuse of Drugs Act 1971 or at common law; and aiding, abetting, counselling or procuring the commission of any of those offences ;

• " interest ", in relation to property, includes right;

• " property " includes money and all other property, real or personal, heritable or moveable, including things in action and other intangible or incorporeal property.

• (2) The expressions listed in the left hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Act listed in the right hand column in relation to those expressions.

Expression	Relevant provision
Benefited from drug trafficking	Section 1(3)
Charging order	Section 9(2)
Confiscation order	Section 1(8)
Dealing with property	Section 8(7)
Defendant	Section 1(8)
Gift caught by this Act	Section 5(9)
Making a gift	Section 5(10)
Proceeds of drug trafficking	Section 2(1)(a)
Realisable property	Section 5(1)
Restraint order.	Section 8(1)
Value of gift, payment or reward	Section 5
Value of proceeds of drug trafficking	Section 2(1)(b)
Value of property	Section 5(4).

• (3) This Act applies to property whether it is situated in England and Wales or elsewhere.

• (4) References in this Act to offences include a reference to offences committed before the commencement of section 1 of this Act; but nothing in this Act imposes any duty or confers any power on any court in or in connection with proceedings against a person for a drug trafficking offence instituted before the commencement of that section.

• (5) References in this Act to anything received in connection with drug trafficking include a reference to anything received both in that connection and in some other connection.

• (6) The following provisions shall have effect for the interpretation of this Act.

• (7) Property is held by any person if he holds any interest in it.

• (8) References to property held by a person include a reference to property vested in his trustee in bankruptcy, permanent or interim trustee within the meaning of the Bankruptcy (Scotland) Act 1985 or liquidator.

• (9) References to an interest held by a person beneficially in property include a reference to an interest which would be held by him beneficially if the property were not so vested.

• (10) Property is transferred by one person to another if the first person transfers or grants to the other any interest in the property.

• (11) Proceedings for an offence are instituted in England and Wales—

• (a) when a justice of the peace issues a summons or warrant under section 1 of the Magistrates' Courts Act 1980 in respect of the offence,

• (b) when a person is charged with the offence after being taken into custody without a warrant,

• (c) when a bill of indictment is preferred under section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 in a case falling within paragraph (b) of subsection (2) of that section ;

and where the application of this subsection would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.

• (12) Proceedings in England and Wales for an offence are concluded on the occurrence of one of the following events—

• (a) the discontinuance of the proceedings ;

• (b) the acquittal of the defendant;

• (c) the quashing of his conviction for the offence;

• (d) the grant of Her Majesty's pardon in respect of his conviction for the offence;

• (e) the court sentencing or otherwise dealing with him in respect of his conviction for the offence without having made a confiscation order ; and

• (f) the satisfaction of a confiscation order made in the proceedings (whether by payment of the amount due under the order or by the defendant serving imprisonment in default).

• (13) An order is subject to appeal so long as an appeal or further appeal is pending against the order or (if it was made on a conviction) against the conviction; and for this purpose an appeal or further appeal shall be treated as pending (where one is competent but has not been brought) until the expiration of the time for bringing that appeal.

Minor amendments

39

• (1) Section 28 of the Bankruptcy Act 1914 (effect of order of discharge) shall have effect as if amounts payable under confiscation orders were debts excepted under subsection (1)(a) of that section.

• (2) In section 49(1)(g) of the Land Registration Act 1925 (protection of certain interests by notice) after " Charging Orders Act 1979 " there is inserted " or the Drug Trafficking Offences Act 1986 ".

• (3) In section 1(2)(a) of the Rehabilitation of Offenders Act 1974 (failure to pay fines etc. not to prevent person becoming rehabilitated) the reference to a fine or other sum adjudged to be paid by or imposed on a conviction does not include a reference to an amount payable under a confiscation order.

• (4) After subsection (4) of section 18 of the Civil Jurisdiction and Judgements Act 1982 there is inserted the following subsection—

(4A) This section does not apply as respects the enforcement in Scotland of orders made by the High Court in England and Wales under or for the purposes of the Drug Trafficking Offences Act 1986.

• (5) Section 281(4) of the Insolvency Act 1986 (discharge of bankrupt not to release him from liabilities in respect of fines, etc.) shall have effect as if the reference to a fine included a reference to a confiscation order.

• (6) Section 55(2) of the Bankruptcy (Scotland) Act 1985 (discharge of debtor not to release him from liabilities in respect of fines etc.) shall have effect as if the reference to a fine included a reference to a confiscation order.

Short title, commencement and extent

40

• (1) This Act may be cited as the Drug Trafficking Offences Act 1986.

• (2) This Act, except section 35 (which comes into force on the day on which this Act is passed), shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed for different provisions and for different purposes.

• (3) Subject to subsections (4) and (5) below, this Act extends to England and Wales only.

• (4) This Act has effect in Scotland as follows—

• (a) sections 7(4), 8 (but not subsection (8) or (9)), 11, 12 and 30 (but not subsection (10), (11) or (12)) extend also to Scotland, but only as provided by sections 20 and 21 of this Act;

• (b) extend also to Scotland ;

• section 7(3);

• section 8(8) and (9);

• section 13 ;

• sections 15 to 17 ;

• section 18(1);

• section 24(3)(a);

• sections 27 to 29 ;

• section 30(10), (11) and (12);

• section 34;

• section 38, so far as relating to other provisions of this Act extending to Scotland ;

• section 39(3), (4) and (6); and

• this section, so far as relating to other provisions of this Act extending to Scotland,

• (c) sections 20 to 23 extend to Scotland only.

• (5) Section 34 extends also to Northern Ireland.