Criminal Justice (International Co-operation) Act 1990

Part I — Criminal Proceedings and Investigations

Mutual service of process

Service of overseas process in United Kingdom

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Service of United Kingdom process overseas

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Mutual provision of evidence

Overseas evidence for use in United Kingdom

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United Kingdom evidence for use overseas

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Transfer of United Kingdom prisoner to give evidence or assist investigation overseas

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• (1) The Secretary of State may, if he thinks fit, issue a warrant providing for any person (“a prisoner”) serving a sentence in a prison or other institution to which the Prison Act 1952 or the Prisons (Scotland) Act 1989 applies to be transferred to a country or territory outside the United Kingdom for the purpose—

• (a) of giving evidence in criminal proceedings there; or

• (b) of being identified in, or otherwise by his presence assisting, such proceedings or the investigation of an offence.

• (2) No warrant shall be issued under this section in respect of any prisoner unless he has consented to being transferred as mentioned in subsection (1) above and that consent may be given either—

• (a) by the prisoner himself; or

• (b) in circumstances in which it appears to the Secretary of State inappropriate, by reason of the prisoner’s physical or mental condition or his youth, for him to act for himself, by a person appearing to the Secretary of State to be an appropriate person to act on his behalf;

but a consent once given shall not be capable of being withdrawn after the issue of the warrant.

• (3) The effect of a warrant under this section shall be to authorise—

• (a) the taking of the prisoner to a place in the United Kingdom and his delivery at a place of departure from the United Kingdom into the custody of a person representing the appropriate authority of the country or territory to which the prisoner is to be transferred; and

• (b) the bringing of the prisoner back to the United Kingdom and his transfer in custody to the place where he is liable to be detained under the sentence to which he is subject.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Where a warrant has been issued in respect of a prisoner under this section he shall be deemed to be in legal custody at any time when, being in the United Kingdom or on board a British ship, British aircraft or British hovercraft, he is being taken under the warrant to or from any place or being kept in custody under the warrant.

• (5) A person authorised by or for the purposes of the warrant to take the prisoner to or from any place or to keep him in custody shall have all the powers, authority, protection and privileges—

• (a) of a constable in the part of the United Kingdom in which that person is for the time being; or

• (b) if he is outside the United Kingdom, of a constable in the part of the United Kingdom to or from which the prisoner is to be taken under the warrant.

• (6) If the prisoner escapes or is unlawfully at large, he may be arrested without warrant by a constable and taken to any place to which he may be taken under the warrant issued under this section.

• (7) In subsection (4) above—

• “British aircraft” means a British-controlled aircraft within the meaning of section 92 of the Civil Aviation Act 1982 (application of criminal law to aircraft) or one of Her Majesty’s aircraft;

• “British hovercraft” means a British-controlled hovercraft within the meaning of that section as applied in relation to hovercraft by virtue of provisions made under the Hovercraft Act 1968 or one of Her Majesty’s hovercraft;

• “British ship” means a British ship for the purposes of the Merchant Shipping Act 1995or one of Her Majesty’s ships;

and in this subsection references to Her Majesty’s aircraft, hovercraft or ships are references to aircraft, hovercraft or, as the case may be, ships belonging to or exclusively employed in the service of Her Majesty in right of the Government of the United Kingdom.

• (8) In subsection (6) above “constable”, in relation to any part of the United Kingdom, means any person who is a constable in that or any other part of the United Kingdom or any person who, at the place in question has, under any enactment including subsection (5) above, the powers of a constable in that or any other part of the United Kingdom.

• (9) This section applies to a person in custody awaiting trial or sentence and a person committed to prison for default in paying a fine as it applies to a prisoner and the reference in subsection (3)(b) above to a sentence shall be construed accordingly.

• (10) In the application of this section to Northern Ireland for the reference in subsection (1) to the Prison Act 1952 there shall be substituted a reference to the Prison Act (Northern Ireland) 1953.

Transfer of overseas prisoner to give evidence or assist investigation in the United Kingdom

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• (1) This section has effect where—

• (a) a witness order has been made or a witness summons or citation issued in criminal proceedings in the United Kingdom in respect of a person (“a prisoner”) who is detained in custody in a country or territory outside the United Kingdom by virtue of a sentence or order of a court or tribunal exercising criminal jurisdiction in that country or territory; or

• (b) it appears to the Secretary of State that it is desirable for a prisoner to be identified in, or otherwise by his presence to assist, such proceedings or the investigation in the United Kingdom of an offence.

• (2) If the Secretary of State is satisfied that the appropriate authority in the country or territory where the prisoner is detained will make arrangements for him to come to the United Kingdom to give evidence pursuant to the witness order, witness summons or citation or, as the case may be, for the purpose mentioned in subsection (1)(b) above, he may issue a warrant under this section.

• (3) No warrant shall be issued under this section in respect of any prisoner unless he has consented to being brought to the United Kingdom to give evidence as aforesaid or, as the case may be, for the purpose mentioned in subsection (1)(b) above but a consent once given shall not be capable of being withdrawn after the issue of the warrant.

• (4) The effect of the warrant shall be to authorise—

• (a) the bringing of the prisoner to the United Kingdom;

• (b) the taking of the prisoner to, and his detention in custody at, such place or places in the United Kingdom as are specified in the warrant; and

• (c) the returning of the prisoner to the country or territory from which he has come.

• (5) Subsections (4) to (8) of section 5 above shall have effect in relation to a warrant issued under this section as they have effect in relation to a warrant issued under that section.

• (6) A person shall not be subject to the Immigration Act 1971 in respect of his entry into or presence in the United Kingdom in pursuance of a warrant under this section but if the warrant ceases to have effect while he is still in the United Kingdom—

• (a) he shall be treated for the purposes of that Act as if he has then illegally entered the United Kingdom; and

• (b) the provisions of Schedule 2 to that Act shall have effect accordingly except that paragraph 20(1) (liability of carrier for expenses of custody etc. of illegal entrant) shall not have effect in relation to directions for his removal given by virtue of this subsection.

• (7) This section applies to a person detained in custody in a country or territory outside the United Kingdom in consequence of —

• (b) having been transferred there, or responsibility for his detention and release having been transferred there, from the United Kingdom under the Repatriation of Prisoners Act 1984;

• (c) having been transferred there, or responsibility for his detention and release having been transferred there, under any similar provision or arrangement from any other country or territory,

as it applies to a person detained as mentioned in subsection (1) above.

Additional co-operation powers

Search etc. for material relevant to overseas investigation

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Search etc. for material relevant to overseas investigation: Scotland

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Enforcement of overseas forfeiture orders

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• (1) Her Majesty may by Order in Council provide for the enforcement in the United Kingdom of any order which—

• (a) is made by a court in a country or territory outside the United Kingdom designated for the purposes of this section by the Order in Council; and

• (b) is for the forfeiture and destruction, or the forfeiture and other disposal, of anything in respect of which an offence to which this section applies has been committed or which was used or intended for use in connection with the commission of such an offence.

• (1A) Without prejudice to the generality of subsection (1) above the provision that may be made by virtue of that subsection includes provision which, for the purpose of facilitating the enforcement of any order that may be made, has effect at times before there is an order to be enforced.

• (2) Without prejudice to the generality of subsection (1) above an Order in Council under this section may provide for the registration by a court in the United Kingdom of any order as a condition of its enforcement and prescribe requirements to be satisfied before an order can be registered.

• (3) An Order in Council under this section may include such supplementary and incidental provisions as appear to Her Majesty to be necessary or expedient and may apply for the purposes of the Order (with such modifications as appear to Her Majesty to be appropriate) any provisions relating to confiscation or forfeiture orders under any other enactment.

• (4) An Order in Council under this section may make different provision for different cases.

• (5) An Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) This section applies to any offence that corresponds to or is similar to—

• (a) an offence under the law of England and Wales;

• (b) an offence under the law of Scotland; or

• (c) an offence under the law of Northern Ireland.

Supplementary

Rules of court

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• (1) Provision may be made by rules of court for any purpose for which it appears to the authority having power to make the rules that it is necessary or expedient that provision should be made in connection with any of the provisions of this Part of this Act.

• (2) Rules made for the purposes of Schedule 1 to this Act may, in particular, make provision with respect to the persons entitled to appear or take part in the proceedings to which that Schedule applies and for excluding the public from any such proceedings.

• (3) An Order in Council under section 9 above may authorise the making of rules of court for any purpose specified in the Order.

• (4) Rules of court made under this section by the High Court in Scotland shall be made by Act of Adjournal.

• (5) This section is without prejudice to the generality of any existing power to make rules.

Application to courts-martial etc

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Part II — The Vienna Convention

Substances useful for manufacture of controlled drugs

Manufacture and supply of scheduled substances

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• (1) It is an offence for a person—

• (a) to manufacture a scheduled substance; or

• (b) to supply such a substance to another person,

knowing or suspecting that the substance is to be used in or for the unlawful production of a controlled drug.

• (1A) A person does not commit an offence under subsection (1) above if he manufactures or, as the case may be, supplies the scheduled substance with the express consent of a constable.

• (2) A person guilty of an offence under subsection (1) above is liable—

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

• (b) on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or both.

• (3) In this section “a controlled drug” has the same meaning as in the Misuse of Drugs Act 1971 and “unlawful production of a controlled drug” means the production of such a drug which is unlawful by virtue of section 4(1)(a) of that Act.

• (4) In this section and elsewhere in this Part of this Act “a scheduled substance” means a substance for the time being specified in Schedule 2 to this Act.

• (5) Her Majesty may by Order in Council amend that Schedule (whether by addition, deletion or transfer from one Table to the other) but—

• (a) no such Order shall add any substance to the Schedule unless—

• (i) it appears to Her Majesty to be frequently used in or for the unlawful production of a controlled drug; or

• (ii) it has been added to the Annex to the Vienna Convention under Article 12 of that Convention; and

• (b) no such Order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Regulations about scheduled substances

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• (1) The Secretary of State may by regulations make provision—

• (a) imposing requirements as to the documentation of transactions involving scheduled substances;

• (b) requiring the keeping of records and the furnishing of information with respect to such substances;

• (c) for the inspection of records kept pursuant to the regulations;

• (d) for the labelling of consignments of scheduled substances.

• (2) Regulations made by virtue of subsection (1)(b) may, in particular, require—

• (a) the notification of the proposed exportation of substances specified in Table I in Schedule 2 to this Act to such countries as may be specified in the regulations; and

• (b) the production, in such circumstances as may be so specified, of evidence that the required notification has been given;

and for the purposes of section 68 of the Customs and Excise Management Act 1979 (offences relating to exportation of prohibited or restricted goods) any such substance shall be deemed to be exported contrary to a restriction for the time being in force with respect to it under this Act if it is exported without the requisite notification having been given.

• (3) Regulations under this section may make different provision in relation to the substances specified in Table I and Table II in Schedule 2 to this Act respectively and in relation to different cases or circumstances.

• (4) The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) Any person who fails to comply with any requirement imposed by the regulations or, in purported compliance with any such requirement, furnishes information which he knows to be false in a material particular or recklessly furnishes information which is false in a material particular is guilty of an offence and liable—

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

• (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

• (6) No information obtained pursuant to the regulations shall be disclosed except for the purposes of criminal proceedings or of proceedings under the provisions of the ... relating to the confiscation of the proceeds of drug trafficking or corresponding provisions in force in Northern Irelandor of proceedings under Part 2, 3 or 4 of the Proceeds of Crime Act 2002.

Proceeds of drug trafficking

Concealing or transferring proceeds of drug trafficking

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Interest on sums unpaid under confiscation orders

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• (1) If any sum required to be paid by a person under a confiscation order is not paid when it is required to be paid (whether forthwith on the making of the order or at a time specified . . . under section 396(1) of the Criminal Procedure (Scotland) Act 1975) that person shall be liable to pay interest on that sum for the period for which it remains unpaid and the amount of the interest shall for the purposes of enforcement be treated as part of the amount to be recovered from him under the confiscation order.

• (2) The sheriff may, on the application of the prosecutor, increase the term of imprisonment or detention fixed in respect of the confiscation order under section 396(2) of the said Act of 1975 (imprisonment in default of payment) if the effect of subsection (1) above is to increase the maximum period applicable in relation to the order under section 407(1A) of the said Act of 1975.

• (3) The rate of interest under subsection (1) above . . . shall be the rate payable under a decree of the Court of Session.

Increase in realisable property

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Increase in realisable property: Scotland

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Offences at sea

Offences on British ships

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Anything which would constitute a drug trafficking offence if done on land in any part of the United Kingdom shall constitute that offence if done on a British ship.

Ships used for illicit traffic

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• (1) This section applies to a British ship, a ship registered in a state other than the United Kingdom which is a party to the Vienna Convention (a “Convention state”) and a ship not registered in any country or territory.

• (2) A person is guilty of an offence if on a ship to which this section applies, wherever it may be, he—

• (a) has a controlled drug in his possession; or

• (b) is in any way knowingly concerned in the carrying or concealing of a controlled drug on the ship,