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

Status:

This is the original version (as it was originally made).

Miscellaneous and supplemental

Disclosure of information subject to contractual restriction upon disclosure

36.  Where a person discloses to a constable—

(a)a suspicion or belief that any property—

(i)has been obtained as a result of or in connection with the commission of an offence to which this Order applies or, as the case may be, is used in connection with drug trafficking; or

(ii)derives from any property so obtained or, as the case may be, from drug trafficking; or

(b)any matter on which such a suspicion or belief is based, the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by contract.

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

37.—(1) The [1989 NI 12] Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended as follows.

(2) In Article 53 (interpretation of Part VI)—

(a)after the definition of “appropriate consent” there shall be inserted—

  • “drug trafficking” and “drug trafficking offence” have the same meaning as in the Criminal Justice (Confiscation) (Northern Ireland) Order 1990; and

(b)at the end of that Article there shall be inserted—

  • References in this Part to any person’s proceeds of drug trafficking are to be construed in accordance with the Criminal Justice (Confiscation) (Northern Ireland) Order 1990.

(3) In Article 57 (right to have someone informed when arrested)—

(a)at the beginning of paragraph (5) there shall be inserted “Subject to paragraph (5A)”; and

(b)after paragraph (5) there shall be inserted—

(5A) An officer may also authorise delay where the serious arrestable offence is an offence to which the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 applies (offences in respect of which confiscation orders under that Order may be made) and the officer has reasonable grounds for believing—

(a)in the case of an offence other than a drug trafficking offence, that the detained person has benefited from the offence and that the recovery of the value of the property obtained by that person from or in connection with the offence or of the pecuniary advantage derived by him from or in connection with it will be hindered by telling the named person of the arrest; and

(b)in the case of a drug trafficking offence, that the detained person has benefited from drug trafficking and that the recovery of the value of that person’s proceeds of drug trafficking will be hindered by telling the named person of the arrest..

(4) In Article 59 (access to legal advice)—

(a)at the beginning of paragraph (8) there shall be inserted “Subject to paragraph (8A)”; and

(b)after paragraph (8) there shall be inserted—

(8A) An officer may also authorise delay where the serious arrestable offence is an offence to which the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 applies (offences in respect of which confiscation orders under that Order may be made) and the officer has reasonable grounds for believing—

(a)in the case of an offence other than a drug trafficking offence, that the detained person has benefited from the offence and that the recovery of the value of the property obtained by that person from or in connection with the offence or of the pecuniary advantage derived by him from or in connection with it will be hindered by the exercise of the right conferred by paragraph (1); and

(b)in the case of a drug trafficking offence, that the detained person has benefited from drug trafficking and that the recovery of the value of that person’s proceeds of drug trafficking will be hindered by the exercise of the right conferred by paragraph (1)..

(5) In Article 87(2) (arrestable offences that are always serious) after sub-paragraph (a) there shall be inserted—

(aa)any of the offences mentioned in sub-paragraphs (a) to (e) of the definition of “drug trafficking offence” in Article 2(2) of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990;.

Amendments, transitional provisions and savings

38.—(1) The statutory provisions specified in Schedule 2 shall have effect subject to the amendments specified in that Schedule, being amendments consequential upon the provisions of this Order.

(2) The transitional and saving provisions contained in Schedule 3 shall have effect.

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