Drug Trafficking Act 1994

1. Introductory Text

2. Part I Confiscation orders

   1. Introductory

      1. 1. Meaning of “drug trafficking” and “drug trafficking offence”.

   2. Confiscation orders

      1. 2. Confiscation orders.

      2. 3. Postponed determinations.

      3. 4. Assessing the proceeds of drug trafficking.

      4. 5. Amount to be recovered under confiscation order.

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

      6. 7. Value of property etc.

      7. 8. Gifts caught by this Act.

      8. 9. Application of procedure for enforcing fines.

      9. 10. Interest on sums unpaid under confiscation orders.

   3. Statements etc in connection with confiscation orders

      1. 11. Statements relating to drug trafficking.

      2. 12. Provision of information by defendant.

   4. Further proceedings in connection with confiscation orders

      1. 13. Reconsideration of case where court has not proceeded under section 2.

      2. 14. Re-assessment of whether defendant has benefited from drug trafficking.

      3. 15. Revised assessment of proceeds of drug trafficking.

      4. 16. Increase in realisable property.

      5. 17. Inadequacy of realisable property.

      6. 18. Compensation.

   5. Confiscation orders where defendant has absconded or died

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

      2. 20. Effect of conviction where High Court has acted under section 19.

      3. 21. Variation of confiscation orders made by virtue of section 19.

      4. 22. Compensation etc where absconder is acquitted.

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

      6. 24. Provisions supplementary to sections 21, 22 and 23.

   6. Restraint orders and charging orders

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

      2. 26. Restraint orders.

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

      4. 28. Charging orders: supplementary provisions.

   7. Realisation of property

      1. 29. Realisation of property.

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

   8. Exercise of powers for the realisation of property

      1. 31. Exercise by High Court, county court or receiver of powers for the realisation of property.

   9. Insolvency of defendants etc

      1. 32. Bankruptcy of defendant etc.

      2. 33. Sequestration in Scotland of defendant etc.

      3. 34. Winding up of company holding realisable property.

   10. Protection for insolvency officers etc

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

       2. 36. Receivers: supplementary provisions.

   11. Enforcement of orders made outside England and Wales

       1. 37. Recognition and enforcement of orders and functions under Part I of the Criminal Justice (Scotland) Act 1987.

       2. 38. Enforcement of Northern Ireland orders.

       3. 39. Enforcement of external confiscation orders.

       4. 40. Registration of external confiscation orders.

   12. Interpretation

       1. 41. Interpretation of Part I.

3. Part II Drug trafficking money imported or exported in cash

   1. 42. Seizure and detention.

   2. 43. Forfeiture.

   3. 44. Appeal against forfeiture order made by a magistrates' court.

   4. 45. Appeal against forfeiture order made by sheriff.

   5. 46. Rules of court.

   6. 47. Receipts.

   7. 48. Interpretation of Part II.

4. Part III Offences in connection with proceeds of drug trafficking

   1. 49. Concealing or transferring proceeds of drug trafficking.

   2. 50. Assisting another person to retain the benefit of drug trafficking.

   3. 51. Acquisition, possession or use of proceeds of drug trafficking.

   4. 52. Failure to disclose knowledge or suspicion of money laundering.

   5. 53. Tipping-off.

   6. 54. Penalties.

5. Part IV Miscellaneous and supplemental

   1. Investigations into drug trafficking

      1. 55. Order to make material available.

      2. 56. Authority for search.

      3. 57. Provisions supplementary to sections 55 and 56.

      4. 58. Offence of prejudicing investigation.

      5. 59. Disclosure of information held by government departments.

   2. Prosecution of offences etc

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

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

   3. Interpretation of Act

      1. 62. Meaning of “property” and related expressions.

      2. 63. General interpretation.

      3. 64. Index of defined expressions.

   4. Supplemental

      1. 65. Consequential amendments and modifications of other Acts.

      2. 66. Transitional provisions and savings.

      3. 67. Repeals etc.

      4. 68. Extent.

      5. 69. Short title and commencement.

6. 1. Schedule 1 Consequential amendments

   2. Schedule 2

      Transitional provisions etc.

   3. Schedule 3

      Repeals.