Legalize / United Kingdom / Public General Act

Drug Trafficking Act 1994

Type Public General Act

Publication 1994-11-03

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part I — Confiscation orders

Introductory

Meaning of “drug trafficking” and “drug trafficking offence”

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Confiscation orders

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Postponed determinations

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Assessing the proceeds of drug trafficking

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Amount to be recovered under confiscation order

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Meaning of “amount that might be realised” and “realisable property”

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Value of property etc

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Gifts caught by this Act

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Application of procedure for enforcing fines

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Interest on sums unpaid under confiscation orders

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Statements etc in connection with confiscation orders

Statements relating to drug trafficking

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Provision of information by defendant

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Further proceedings in connection with confiscation orders

Reconsideration of case where court has not proceeded under section 2

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Re-assessment of whether defendant has benefited from drug trafficking

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Revised assessment of proceeds of drug trafficking

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Increase in realisable property

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Inadequacy of realisable property

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Compensation

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Confiscation orders where defendant has absconded or died

Powers of High Court where defendant has absconded or died

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Effect of conviction where High Court has acted under section 19

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Variation of confiscation orders made by virtue of section 19

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Compensation etc where absconder is acquitted

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Power to discharge confiscation order and order compensation where absconder returns

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Provisions supplementary to sections 21, 22 and 23

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Restraint orders and charging orders

Cases in which restraint orders and charging orders may be made

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Restraint orders

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Charging orders in respect of land, securities etc

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Charging orders: supplementary provisions

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Realisation of property

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Application of proceeds of realisation and other sums

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Exercise of powers for the realisation of property

Exercise by High Court, county court or receiver of powers for the realisation of property

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Insolvency of defendants etc

Bankruptcy of defendant etc

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Sequestration in Scotland of defendant etc

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Winding up of company holding realisable property

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Protection for insolvency officers etc

Insolvency officers dealing with property subject to restraint order

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Receivers: supplementary provisions

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Enforcement of orders made outside England and Wales

Recognition and enforcement of orders and functions under Part I of the Criminal Justice (Scotland) Act 1987

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Enforcement of Northern Ireland orders

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Enforcement of external confiscation orders

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(1) Her Majesty may by Order in Council—

(a) direct in relation to a country or territory outside the United Kingdom designated by the Order (a “designated country”) that, subject to such modifications as may be specified, the relevant provisions of this Act shall apply to external confiscation orders and to proceedings which have been or are to be instituted in the designated country and may result in an external confiscation order being made there;

(b) make—

(i) such provision in connection with the taking of action in the designated country with a view to satisfying a confiscation order,

(ii) such provision as to evidence or proof of any matter for the purposes of this section and section 40 of this Act, and

(iii) such incidental, consequential and transitional provision,

as appears to Her Majesty to be expedient; and

(c) (without prejudice to the generality of this subsection) direct that, in such circumstances as may be specified, proceeds which arise out of action taken in the designated country with a view to satisfying a confiscation order shall be treated as reducing the amount payable under the order to such extent as may be specified.

(2) In this section “external confiscation order” means an order made by a court in a designated country for the purpose of recovering, or recovering the value of, payments or other rewards received in connection with drug trafficking.

(3) An Order in Council under this section may make different provision for different cases or classes of case.

(4) The power to make an Order in Council under this section includes power to modify the relevant provisions of this Act in such a way as to confer power on a person to exercise a discretion.

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

(6) For the purposes of this section, “the relevant provisions of this Act” are this Part, except sections 10 and 16, and Part IV.

Registration of external confiscation orders

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(1) On an application made by or on behalf of the Government of a designated country, the High Court may register an external confiscation order made there if—

(a) it is satisfied that at the time of registration the order is in force and not subject to appeal;

(b) it is satisfied, where the person against whom the order is made did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and

(c) it is of the opinion that enforcing the order in England and Wales would not be contrary to the interests of justice.

(2) In subsection (1) above “appeal” includes—

(a) any proceedings by way of discharging or setting aside a judgment; and

(b) an application for a new trial or a stay of execution.

(3) The High Court shall cancel the registration of an external confiscation order if it appears to the court that the order has been satisfied by payment of the amount due under it.

(4) In this section “designated country” and “external confiscation order” have the same meaning as in section 39 of this Act.

Interpretation

Interpretation of Part I

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Part II — Drug trafficking money imported or exported in cash

Seizure and detention

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Forfeiture

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Appeal against forfeiture order made by a magistrates' court

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Appeal against forfeiture order made by sheriff

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Rules of court

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Receipts

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Interpretation of Part II

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Part III — Offences in connection with proceeds of drug trafficking

Concealing or transferring proceeds of drug trafficking

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Assisting another person to retain the benefit of drug trafficking

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Acquisition, possession or use of proceeds of drug trafficking

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Failure to disclose knowledge or suspicion of money laundering

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Tipping-off

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Penalties

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Part IV — Miscellaneous and supplemental

Investigations into drug trafficking

Order to make material available

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(1) A constable may, for the purpose of an investigation into drug trafficking, apply to a Circuit judge for an order under subsection (2) below in relation to particular material or material of a particular description.

(2) If on such an application the judge is satisfied that the conditions in subsection (4) below are fulfilled, he may make an order that the person who appears to him to be in possession of the material to which the application relates shall—

(a) produce it to a constable for him to take away, or

(b) give a constable access to it,

within such period as the order may specify.

(3) The period to be specified in an order under subsection (2) above shall be seven days unless it appears to the judge that a longer or shorter period would be appropriate in the particular circumstances of the application.

(4) The conditions referred to in subsection (2) above are—

(a) that there are reasonable grounds for suspecting that a specified person has carried on ... drug trafficking;

(b) that there are reasonable grounds for suspecting that the material to which the application relates—

(i) is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made; and

(ii) does not consist of or include items subject to legal privilege or excluded material; and

(i) to the benefit likely to accrue to the investigation if the material is obtained, and

(ii) to the circumstances under which the person in possession of the material holds it,

that the material should be produced or that access to it should be given.

(5) Where the judge makes an order under subsection (2)(b) above in relation to material on any premises he may, on the application of a constable, order any person who appears to him to be entitled to grant entry to the premises to allow a constable to enter the premises to obtain access to the material.

(6) An application under subsection (1) or (5) above may be made ex parte to a judge in chambers.

(7) Provision may be made by Criminal Procedure Rules as to—

(a) the discharge and variation of orders under this section; and

(b) proceedings relating to such orders.

(8) An order of a Circuit judge under this section shall have effect as if it were an order of the Crown Court.

(9) Where the material to which an application under subsection (1) above relates consists of information contained in a computer—

(a) an order under subsection (2)(a) above shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and

(b) an order under subsection (2)(b) above shall have effect as an order to give access to the material in a form in which it is visible and legible.

(10) An order under subsection (2) above—

(a) shall not confer any right to production of, or access to, items subject to legal privilege or excluded material;

(b) shall have effect notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information imposed by statute or otherwise; and

and in this subsection “authorised government department” means a government department which is an authorised department for the purposes of the Crown Proceedings Act 1947.

Authority for search

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(1) A constable may, for the purpose of an investigation into drug trafficking, apply to a Circuit judge for a warrant under this section in relation to specified premises.

(2) On such application the judge may issue a warrant authorising a constable to enter and search the premises if the judge is satisfied—

(a) that an order made under section 55 of this Act in relation to material on the premises has not been complied with;

(b) that the conditions in subsection (3) below are fulfilled; or

(3) The conditions referred to in subsection (2)(b) above are—

(a) that there are reasonable grounds for suspecting that a specified person has carried on ... drug trafficking;

(b) that the conditions in subsection (4)(b) and (c) of section 55 of this Act are fulfilled in relation to any material on the premises; and

(i) it is not practicable to communicate with any person entitled to produce the material;

(ii) it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated; or

(iii) the investigation for the purpose of which the application is made might be seriously prejudiced unless a constable could secure immediate access to the material.

(4) The conditions referred to in subsection (2)(c) above are—

(a) that there are reasonable grounds for suspecting that a specified person has carried on ... drug trafficking;

(b) that there are reasonable grounds for suspecting that there is on the premises material relating to the specified person or to drug trafficking which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made, but that the material cannot at the time of the application be particularised; and

(i) it is not practicable to communicate with any person entitled to grant entry to the premises;

(ii) entry to the premises will not be granted unless a warrant is produced; or

(iii) the investigation for the purpose of which the application is made might be seriously prejudiced unless a constable arriving at the premises could secure immediate entry to them.

(5) Where a constable has entered premises in the execution of a warrant issued under this section, he may seize and retain any material, other than items subject to legal privilege and excluded material, which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the warrant was issued.

Provisions supplementary to sections 55 and 56

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(1) For the purposes of sections 21 and 22 of the Police and Criminal Evidence Act 1984 (access to, and copying and retention of, seized material)—

(a) an investigation into drug trafficking shall be treated as if it were an investigation of or in connection with an offence; and

(b) material produced in pursuance of an order under section 55(2)(a) of this Act shall be treated as if it were material seized by a constable.

(2) In sections 55 and 56 of this Act “excluded material”, “items subject to legal privilege” and “premises” have the same meaning as in the 1984 Act.

Offence of prejudicing investigation

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(1) Where, in relation to an investigation into drug trafficking—

(a) an order under section 55 of this Act has been made or has been applied for and has not been refused, or

(b) a warrant under section 56 of this Act has been issued,

a person is guilty of an offence if, knowing or suspecting that the investigation is taking place, he makes any disclosure which is likely to prejudice the investigation.

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

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