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The Criminal Justice (Confiscation)(Northern Ireland) Order 1990

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. Introductory

    1. 1.Title and commencement

    2. 2.Interpretation

    3. 3.Definition of principal terms used

  3. Confiscation orders

    1. 4.Confiscation of proceeds of offences other than drug trafficking offences

    2. 5.Confiscation of proceeds of drug trafficking

    3. 6.Assessing the proceeds of drug trafficking

    4. 7.Postponed confiscation orders

    5. 8.Confiscation orders: supplementary provisions

    6. 9.Statements, etc., relevant to making confiscation orders

  4. Enforcement, etc., of confiscation orders

    1. 10.Application of procedure for enforcing fines

    2. 11.Interest on sums unpaid under confiscation orders

    3. 12.Cases in which restraint orders and charging orders may be made

    4. 13.Restraint orders

    5. 14.Charging orders in respect of land, securities, etc.

    6. 15.Charging orders: supplementary provisions

    7. 16.Realisation of property

    8. 17.Increase in realisable property

    9. 18.Application of proceeds of realisation and other sums

    10. 19.Exercise of powers by High Court or receiver

    11. 20.Variation of confiscation orders

    12. 21.Bankruptcy of defendant, etc.

    13. 22.Winding up of company holding realisable property

    14. 23.Insolvency officers dealing with property subject to restraint order

    15. 24.Receivers: supplementary provisions

    16. 25.Compensation

    17. 26.Enforcement of external orders Enforcement of orders made in England and Wales or Scotland

    18. 27.Enforcement of other external orders

    19. 28.Registration of external confiscation orders

  5. Drug trafficking offences

    1. 29.Assisting another to retain the benefit of drug trafficking

    2. 30.Concealing or transferring proceeds of drug trafficking

  6. Investigations into drug trafficking

    1. 31.Order to make material available

    2. 32.Authority for search

    3. 33.Articles 31 and 32: supplementary provisions

    4. 34.Disclosure of information held by government departments

    5. 35.Offence of prejudicing investigation

  7. Miscellaneous and supplemental

    1. 36.Disclosure of information subject to contractual restriction upon disclosure

    2. 37.Authorisation of delay in notifying arrest, etc., and drug trafficking offences to be serious arrestable offences

    3. 38.Amendments, transitional provisions and savings

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      CONFISCATION ORDERS

      1. PART I OFFENCES IN RESPECT OF WHICH A COURT OF SUMMARY JURISDICTION MAY MAKE CONFISCATION ORDERS

      2. PART II ORDERS VARYING LIST OF OFFENCES

        1. 1.The Secretary of State may by order amend Part I...

        2. 2.An order under paragraph 1 shall be subject to annulment...

    2. SCHEDULE 2

      AMENDMENTS

      1. 1.The Rehabilitation of Offenders (Northern Ireland) Order 1978 (NI 27)

      2. 2.The Bankruptcy Amendment (Northern Ireland) Order 1980 (NI 4)

      3. 3.The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

      4. 4.The Criminal Justice Act 1988 (c. 33)

      5. 5.The Extradition Act 1989 (c. 33)

      6. 6.In paragraph 15 of Schedule 1 (extradition offences treated as...

      7. 7.The Insolvency (Northern Ireland) Order 1989 (NI 19)

      8. 8.The Criminal Justice (International Co-operation) Act 1990 (c. 5)

      9. 9.In section 29(1) (interpretation of Part III)—

    3. SCHEDULE 3

      TRANSITIONAL PROVISIONS AND SAVINGS

      1. 1.In the case of a confiscation order made before the...

      2. 2.Until the coming into operation of the Insolvency (Northern Ireland)...

      3. 3.In any case in which a petition in bankruptcy was...

      4. 4.In any case in which a winding up of a...

  10. Explanatory Note

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