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The Proceeds of Crime (Northern Ireland) Order 1996

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

    3. 3.Meaning of “property” and related expressions

  3. PART II CONFISCATION ORDERS

    1. 4.Interpretation of Part II

    2. 5.Meaning of “amount that might be realised” and “realisable property”

    3. 6.Value of property, etc.

    4. 7.Gifts caught by this Order

    5. Confiscation orders

      1. 8.Confiscation orders

      2. 9.Confiscation relating to a course of criminal conduct

      3. 10.Assessing the proceeds of drug trafficking

      4. 11.Postponed confiscation orders

      5. 12.Confiscation orders: supplementary provisions

      6. 13.Application of procedure for enforcing fines

      7. 14.Interest on sums unpaid under confiscation orders

    6. Statements, etc., in connection with confiscation orders

      1. 15.Provision of information by the prosecution

      2. 16.Provision of information by the defendant

    7. Further proceedings in connection with confiscation orders

      1. 17.Reconsideration of cases where proceeds of crime not assessed

      2. 18.Re-assessment of proceeds of crime

      3. 19.Revised assessment of amount to be recovered

      4. 20.Provisions supplementary to Articles 17,18 and 19

      5. 21.Increase in realisable property

      6. 22.Inadequacy of realisable property

      7. 23.Compensation

    8. Proceedings in connection with confiscation orders where defendant has died or absconded

      1. 24.Powers of High Court where defendant has died or absconded

      2. 25.Effect of conviction where High Court has acted under Article 24

      3. 26.Variation of confiscation orders made under Article 24

      4. 27.Compensation, etc., where absconder is acquitted

      5. 28.Power to discharge confiscation order and order compensation where absconder returns

      6. 29.Provisions supplementary to Articles 26, 27 and 28

    9. Restraint orders and charging orders

      1. 30.Cases in which restraint orders and charging orders may be made

      2. 31.Restraint orders

      3. 32.Charging orders in respect of land, securities, etc.

      4. 33.Charging orders: supplementary provisions

    10. Realisation of property

      1. 34.Realisation of property

      2. 35.Application of proceeds of realisation and other sums

    11. Exercise of powers for the realisation of property

      1. 36.Exercise of powers by High Court or receiver

    12. Insolvency of defendants, etc.

      1. 37.Bankruptcy of defendant, etc.

      2. 38.Winding up of company holding realisable property

    13. Protection for insolvency officers, etc.

      1. 39.Insolvency officers dealing with property subject to restraint order

      2. 40.Receivers: supplementary provisions

    14. Enforcement of orders made outside Northern Ireland

      1. 41.Enforcement of orders made in England and Wales or Scotland

      2. 42.Enforcement of external confiscation orders

      3. 43.Registration of external confiscation orders

  4. PART III OFFENCES IN CONNECTION WITH PROCEEDS OF CRIMINAL CONDUCT

    1. 44.Failure to disclose knowledge or suspicion of money laundering proceeds of drug trafficking

    2. 45.Acquisition, possession or use of proceeds of criminal conduct

    3. 46.Assisting another to retain the benefit of criminal conduct

    4. 47.Concealing or transferring proceeds of criminal conduct

    5. 48.Tipping-off

  5. PART IV MISCELLANEOUS AND SUPPLEMENTAL

    1. 49.Additional investigation powers

    2. 50.Order to make material available

    3. 51.Authority for search

    4. 52.Articles 50 and 51: supplementary provisions

    5. 53.Offence of prejudicing investigation

    6. 54.Disclosure of information held by government departments

    7. Prosecution of offences, etc.

      1. 55.Prosecution by order of the Commissioners of Customs and Excise

      2. 56.Extension of certain offences to Crown servants and exemptions for regulators etc.

    8. Supplemental

      1. 57.Amendments, transitional provisions, savings and repeals

  6. Signature

  7. 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

      FINANCIAL INVESTIGATIONS

      1. Preliminary

        1. 1.(1) In this Schedule “the investigation”, in relation to a...

      2. Investigation powers

        1. 2.(1) A financial investigator may by notice in writing require...

        2. 3.(1) Where it appears to a financial investigator that a...

      3. Restrictions

        1. 4.(1) A person shall not under paragraph 2 or 3...

      4. Offences

        1. 5.(1) A person shall be guilty of an offence if...

      5. Admissibility of evidence

        1. 6.Any answers given or information furnished by a person in...

      6. Restriction on disclosure of information

        1. 7.(1) Information obtained by a person in his capacity as...

      7. Code of practice

        1. 8.(1) The Secretary of State shall make a code of...

      8. Regulations

        1. 9.Regulations under paragraphs 3(4) and 7(3) shall be subject to...

    3. SCHEDULE 3

      AMENDMENTS

      1. The Misuse of Drags Act 1971 (c. 38)

        1. 1.In section 21 (offences by corporations) after “1994” insert “or...

        2. 2.In section 23(3A) (power to search and obtain evidence) after...

        3. 3.In section 27(1) (forfeiture on conviction of an offence) for...

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

        1. 4.In Article 3(2)(a) (failure to pay fines, etc., not to...

      3. The Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

        1. 5.In section 30 (interpretation of Part I), after subsection (2)...

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

        1. 6.Article 31 (effect of order of discharge) shall have effect...

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

        1. 7.For section 152(4) (remands of suspected drug offenders to customs...

      6. The Extradition Act 1989 (c. 33)

        1. 8.For section 22(4)(h)(iii) (extradition offences under Conventions) substitute—

        2. 9.In Schedule 1 (extradition offences treated as within jurisdiction of...

      7. The Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)

        1. 10.In Article 53 (interpretation of Part VI)—

        2. 11.In Article 57(5A) (right to have someone informed when arrested)...

        3. 12.In Article 59(8A) (access to legal advice) for “Criminal Justice...

        4. 13.In Article 87(2)(aa) (arrestable offences that are always serious) for...

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

        1. 14.Article 255 (discharge of bankrupt not to release him from...

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

        1. 15.In section 24(2) (interpretation of Part II) for “Criminal Justice...

      10. The Criminal Justice (Northern Ireland) Order 1994 (NI 15)

        1. 16.In Article 14(9)(b) (compensation orders against convicted persons)—

        2. 17.In Article 16(a) (review of compensation orders) for “Criminal Justice...

      11. The Drug Trafficking Act 1994 (c. 37)

        1. 18.In section 48(2)(b) (interpretation of Part II) for “Criminal Justice...

      12. The Criminal Appeal Act 1995 (c. 35)

        1. 19.In section 22(5) (meaning of public body) after paragraph (b)...

    4. SCHEDULE 4

      TRANSITIONAL PROVISIONS AND SAVINGS

      1. 1.(1) Part II and Article 54 shall not apply—

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

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

      4. 4.The provisions in this Schedule shall have effect without prejudice...

    5. SCHEDULE 5

      REPEALS

  8. Explanatory Note

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