The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Amendment Order 1993

Made: 20th July 1993

Coming into force: 30th July 1993

At the Court of Buckingham Palace, the 20th day of July 1993 Present, The Queen’s Most Excellent Majesty in Council

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 9 of the Criminal Justice (International Co-operation) Act 1990[^f00001], 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 (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Amendment Order 1993 and shall come into force on the tenth day after the day on which it is made.

• (2) In this Order “the principal Order” means The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 1991[^f00002].

• (3) This Order extends to Scotland only.

2

Schedule 1 to the principal Order (which defines the institution of proceedings for the purposes of Article 2(3)(a) of that Order) shall be amended as follows:–

• (a) after the entry relating to the Cayman Islands, there shall be inserted the following–

• (b) after the entry relating to Hong Kong, there shall be inserted the following–

• (c) after the entry relating to Montserrat, there shall be inserted the following–

• (d) after the entry relating to Saudi Arabia, there shall be inserted the following–

3

Article 2 of the principal Order shall be amended by inserting, after sub-sub-paragraph (i) of sub-paragraph (3)(a), the following:–

(ia) where no steps have been specified in relation thereto as mentioned in sub-sub-paragraph (i) above, the accused has been notified in writing in accordance with the laws of the designated country that the competent authorities of that country have begun proceedings against him in respect of an offence; or

4

Schedule 2 to the principal Order shall be amended as follows:–

• (a) by inserting, in the appropriate alphabetical position, the entries for those countries and territories specified in the Schedule to this Order (including where so specified the appropriate authority for a country or territory);

• (b) by inserting, opposite the entry for Ecuador, the following entry:–

• Consejo Nacional de Control de Sustancias Estupefacientes y Psicotropicas (CONSEP)

; and

• (c) by deleting the entries for Hungary and the Union of Soviet Socialist Republics (including the Byelorussian Soviet Socialist Republic).

5

In paragraph (1) of Article 21 of the principal Order (evidence in relation to proceedings and orders in a designated country) there shall be inserted after sub-paragraph (a) the following sub-paragraph:–

(ia) in a case to which Article 2(3)(a)(ia) above applies, that the accused has been notified as specified in that sub-sub-paragraph;

SCHEDULE — DESIGNATED COUNTRIES

Signed

N.H. Nicholls — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order amends the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 1991 (S.I. 1991/1468).

The 1991 Order provides for the enforcement in Scotland of orders made by a court in a designated country or territory for the forfeiture and destruction or other disposal of property used in connection with the commission of a drug trafficking offence. The powers conferred by the 1991 Order also apply to proceedings which have been or are to be instituted in a designated country or territory and may result in such an order being made there.

As well as amendments in respect of the countries and territories to which the 1991 Order applies, the Order provides in Articles 3 and 5 for definition and certification of the institution of proceedings in a designated country.

Footnotes

[^f00001]: 1990 c. 5.

[^f00002]: S.I. 1991/1468, amended by S.I. 1992/1734.