The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) (No. 2) Order 1997

Made: 17th December 1997

Laid before Parliament: 5th January 1998

Coming into force: 1st February 1998

At the Court at Buckingham Palace, the 17th day of December 1997 Present, The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 9 of the Criminal Justice (International Co-operation) Act 1990¹ 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) (Amendment) (No. 2) Order 1997 and shall come into force on 1st February 1998.

• (2) In this Order “the principal Order” means—

• (a) in relation to England and Wales, the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991; and².

• (b) in relation to Northern Ireland, the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland) Order 1991³.

2

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 by substituting for the entry for “Australia”the following:

• Australia when an information or a complaint has been laid before a justice of the peace or a magistrate, or a person has been charged with an offence, or an indictment or a presentment has been preferred.

3

Schedule 2 to the principal Order shall be amended by the insertion, at the appropriate places in alphabetical order, of the entries for those countries and territories specified in Schedule 1 to this Order.

4

Schedule 3 to the principal Order shall be amended by the insertion, at the appropriate places in alphabetical order, of the entries for those countries and territories specified in Schedule 2 to this Order (including where so specified the appropriate authority for a country or territory).

SCHEDULE 1 — DESIGNATED COUNTRIES—DRUG TRAFFICKING OFFENCES

SCHEDULE 2 — DESIGNATED COUNTRIES—OTHER OFFENCES

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) Order 1991 (S.I. 1991/1463) and the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland) Order 1991 (S.I. 1991/1464).

Article 2 substitutes a revised point at which proceedings are instituted in Australia. Article 3 amends Schedule 2 to the 1991 Orders which lists countries designated for drug trafficking offences. Article 4 amends Schedule 3 to the 1991 Orders which lists countries designated for other offences.

Footnotes