The Proceeds of Crime (Northern Ireland) Order 1996 No. 1299 (NI. 9)

PART IV N.I. MISCELLANEOUS AND SUPPLEMENTAL

Prosecution of offences, etc. N.I.

Prosecution by order of the Commissioners of Customs and Excise N.I.

55.—(1) Proceedings for an offence to which this Article applies ( “a specified offence”) may be instituted by order of the Commissioners.

(2) Any proceedings for a specified offence which are so instituted shall be commenced in the name of an officer.

(3) In the case of the death, removal, discharge or absence of the officer in whose name any proceedings for a specified offence were commenced, those proceedings may be continued by another officer.

(4) Where the Commissioners investigate, or propose to investigate, any matter with a view to determining—

(a) whether there are grounds for believing that a specified offence has been committed, or

(b) whether a person should be prosecuted for a specified offence,

that matter shall be treated as an assigned matter within the meaning of the [1979 c. 2.] Customs and Excise Management Act 1979.

(5) Nothing in this Article shall be taken—

(a) to prevent any person (including any officer) who has power to arrest, detain or prosecute any person for a specified offence from doing so; or

(b) to prevent a court from proceeding to deal with a person brought before it following his arrest by an officer for a specified offence, even though the proceedings have not been instituted by an order made under paragraph (1).

(6) In this Article—

• “the Commissioners” means the Commissioners of Customs and Excise; —

• “officer” means a person commissioned by the Commissioners; and

• “specified offence” means—

  (a)

  an offence underF1 . . . Article 53;

  (b)

  attempting to commit, conspiracy to commit or incitement to commit, any such offence;F1 . . .

  Sub‐para. (c) rep. by 2002 c. 29

[F2 (6A) Proceedings for an offence are instituted—

(a) when a summons or warrant is issued under Article 20 of the Magistrates' Courts (Northern Ireland) Order 1981 in respect of the offence;

(b) when a person is charged with the offence after being taken into custody without a warrant;

(c) when an indictment is preferred under section 2(2)(c), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969.

(6B) Where the application of paragraph (6A) would result in there being more than one time for the institution of proceedings they must be taken to have been instituted at the earliest of those times.]

Para. (7) rep. by 2002 c. 29

F1 2002 c. 29

F2 2002 c. 29

Modifications etc. (not altering text)

C1 Art. 55 modified (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1), 94(1), Sch. 6 para. 31(b) (with s. 91(1), Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)