Statutory Instrument 1990 No. 2588 (N.I. 17)

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

      © Crown Copyright 1990

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STATUTORY INSTRUMENTS

1990 No. 2588 (N.I. 17)

NORTHERN IRELAND

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

Made 19th December 1990
Coming into operation on days to be appointed under Article 1(2)


ARRANGEMENT OF ORDER

Introductory
1.  Title and commencement.
2.  Interpretation.
3.  Definition of principal terms used.
Confiscation orders
4.  Confiscation of proceeds of offences other than drug trafficking offences.
5.  Confiscation of proceeds of drug trafficking.
6.  Assessing the proceeds of drug trafficking.
7.  Postponed confiscation orders.
8.  Confiscation orders: supplementary provisions.
9.  Statements, etc., relevant to making confiscation orders.
Enforcement, etc., of confiscation orders
10.  Application of procedure for enforcing fines.
11.  Interest on sums unpaid under confiscation orders.
12.  Cases in which restraint orders and charging orders may be made.
13.  Restraint orders.
14.  Charging orders in respect of land, securities, etc.
15.  Charging orders: supplementary provisions.
16.  Realisation of property.
17.  Increase in realisable property.
18.  Application of proceeds of realisation and other sums.
19.  Exercise of powers by High Court or receiver.
20.  Variation of confiscation orders.
21.  Bankruptcy of defendant, etc.
22.  Winding up of company holding realisable property.
23.  Insolvency officers dealing with property subject to restraint order.
24.  Receivers: supplementary provisions.
25.  Compensation. Enforcement of external orders
26.  Enforcement of orders made in England and Wales or Scotland.
27.  Enforcement of other external orders.
28.  Registration of external confiscation orders.
Drug trafficking offences
29.  Assisting another to retain the benefit of drug trafficking.
30.  Concealing or transferring proceeds of drug trafficking.
Investigations into drug trafficking
31.  Order to make material available.
32.  Authority for search.
33.  Articles 31 and 32: supplementary provisions.
34.  Disclosure of information held by government departments.
35.  Offence of prejudicing investigation.
Miscellaneous and supplemental
36.  Disclosure of information subject to contractual restriction upon disclosure.
37.  Authorisation of delay in notifying arrest, etc., and drug trafficking offences to be serious arrestable offences.
38.  Amendments, transitional provisions and savings.

SCHEDULES:

  Schedule 1  —Confiscation orders.
  Part I —Offences in respect of which a court of summary jurisdiction may make confiscation orders.
  Part II — Orders varying list of offences.

  Schedule 2  —Amendments.

  Schedule 3  —Transitional provisions and savings.

 

Explanatory Note


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Prepared 20th September 2000