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The Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 1994

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1.—(1) This Order may be cited as the Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 1994 and shall come into force on 1st August 1994.

(2) This Order extends to England and Wales only.

(3) In this Order “the Act” means the Criminal Justice Act 1988 and “the principal Order” means the Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991(1).

2.  In article 2 of the principal Order for the definition of “appropriate authority of a designated country” there shall be substituted the following definition—

  • “appropriate authority of a designated country” means—

    (a)

    the authority specified opposite that country in Schedule 1 to this Order, or

    (b)

    where no authority is so specified, the authority appearing to the court to be the appropriate authority of that country for the purposes of this Order;.

3.  After article 5 of the principal Order there shall be inserted the following article:

Certificate as to appropriate authority of a designated country

5A.  Where in relation to any designated country no authority is specified in Schedule 1 to this Order, a certificate made by the Secretary of State to the effect that the authority specified therein is the appropriate authority for the purposes of this Order shall be sufficient evidence of that fact..

4.  There shall be inserted in Schedule 1 to the principal Order, after the entry for Switzerland, the entry for the United States of America (including the appropriate authority) specified in the Schedule to this Order.

5.  There shall be inserted in the Appendix set out at the end of paragraph 21(f) of Schedule 2 to the principal Order (institution of proceedings), after the entry for Switzerland, the following entry—

United States of Americawhen an indictment, information or complaint has been filed against a person in respect of an offence

6.  A like amendment to that described in article 5 above, shall be made to the Appendix to section 102 of the Act as set out in Schedule 3 to the principal Order.

N. H. Nicholls

Clerk of the Privy Council

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