The Proceeds of Crime (Northern Ireland) Order 1996

Statutory Instrument 1996 No. 1299 (N.I. 9)

The Proceeds of Crime (Northern Ireland) Order 1996

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STATUTORY INSTRUMENTS

1996 No. 1299 (N.I. 9)

NORTHERN IRELAND

The Proceeds of Crime (Northern Ireland) Order 1996

Made

15th May 1996

Coming into operation

25th August 1996

ARRANGEMENT OF ORDER

PART I
INTRODUCTORY
1.	Title and commencement.
2.	Interpretation.
3.	Meaning of "property" and related expressions.
PART II
CONFISCATION ORDERS
4.	Interpretation of Part II.
5.	Meaning of "amount that might be realised" and "realisable property".
6.	Value of property, etc.
7.	Gifts caught by this Order.
Confiscation orders
8.	Confiscation orders.
9.	Confiscation relating to a course of criminal conduct.
10.	Assessing the proceeds of drug trafficking.
11.	Postponed confiscation orders.
12.	Confiscation orders: supplementary provisions.
13.	Application of procedure for enforcing fines.
14.	Interest on sums unpaid under confiscation orders.
Statements, etc., in connection with confiscation orders
15.	Provision of information by the prosecution.
16.	Provision of information by the defendant.
Further proceedings in connection with confiscation orders
17.	Reconsideration of cases where proceeds of crime not assessed.
18.	Re-assessment of proceeds of crime.
19.	Revised assessment of amount to be recovered.
20.	Provisions supplementary to Articles 17, 18 and 19.
21.	Increase in realisable property.
22.	Inadequacy of realisable property.
23.	Compensation.
Proceedings in connection with confiscation orders where defendant has died or absconded
24.	Powers of High Court where defendant has died or absconded.
25.	Effect of conviction where High Court has acted under Article 24.
26.	Variation of confiscation orders made under Article 24.
27.	Compensation, etc., where absconder is acquitted.
28.	Power to discharge confiscation order and order compensation where absconder returns.
29.	Provisions supplementary to Articles 26, 27 and 28.
Restraint orders and charging orders
30.	Cases in which restraint orders and charging orders may be made.
31.	Restraint orders.
32.	Charging orders in respect of land, securities, etc.
33.	Charging orders: supplementary provisions.
Realisation of property
34.	Realisation of property.
35.	Application of proceeds of realisation and other sums.
Exercise of powers for the realisation of property
36.	Exercise of powers by High Court or receiver.
Insolvency of defendants, etc.
37.	Bankruptcy of defendant, etc.
38.	Winding up of company holding realisable property.
Protection for insolvency officers, etc.
39.	Insolvency officers dealing with property subject to restraint order.
40.	Receivers: supplementary provisions.
Enforcement of orders made outside Northern Ireland
41.	Enforcement of orders made in England and Wales or Scotland.
42.	Enforcement of external confiscation orders.
43.	Registration of external confiscation orders.
PART III
OFFENCES IN CONNECTION WITH PROCEEDS OF CRIMINAL CONDUCT
44.	Failure to disclose knowledge or suspicion of money laundering proceeds of drug trafficking.
45.	Acquisition, possession or use of proceeds of criminal conduct.
46.	Assisting another to retain the benefit of criminal conduct.
47.	Concealing or transferring proceeds of criminal conduct.
48.	Tipping-off.
PART IV
MISCELLANEOUS AND SUPPLEMENTAL
49.	Additional investigation powers.
50.	Order to make material available.
51.	Authority for search.
52.	Articles 50 and 51: supplementary provisions.
53.	Offence of prejudicing investigation.
54.	Disclosure of information held by government departments.
Prosecution of offences, etc.
55.	Prosecution by order of the Commissioners of Customs and Excise.
56.	Extension of certain offences to Crown servants and exemptions for regulators etc.
Supplemental
57.	Amendments, transitional provisions, savings and repeals.

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—	Financial investigations.

	Schedule 3—	Amendments.

	Schedule 4—	Transitional provisions and savings.

	Schedule 5—	Repeals.

Explanatory Note
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