Statutory Instruments
CRIMINAL LAW, SCOTLAND
Made
22nd June 1994
Laid before Parliament
4th July 1994
Coming into force
1st August 1994
At the Court at Buckingham Palace, the 22nd day of June 1994
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by section 9 of the Criminal Justice (International Co-operation) Act 1990(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
1.—(1) This Order may be cited as the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Amendment Order 1994 and shall come into force on 1st August 1994.
(2) In this Order “the principal Order” means the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 1991(2).
2. In article 3(1) and article 21(1)(e) of the principal Order the words “or intended for use” shall be inserted after “used”.
3. Schedule 1 to the principal Order (which defines the institution of proceedings for the purposes of article 2(3)(a) of that Order) shall be amended by inserting, after the entry relating to Bermuda, the following:—
| “British Virgin Islands | (a)when a summons or warrant is issued in respect of an offence; (b)when a person is charged with an offence after being taken into custody without a warrant; (c)when an indictment is preferred”. |
4. Schedule 2 to the principal Order shall be amended as follows:—
(a)by inserting, in the appropriate alphabetical position, the entries for those countries and territories specified in the Schedule to this Order (including where so specified the appropriate authority for a country or territory); and
(b)by deleting the entry relating to Czechoslovakia.
N.H. Nicholls
Clerk of the Privy Council
Article 4
| Designated country | Appropriate authority |
|---|---|
| British Virgin Islands | The Attorney General of the British Virgin Islands |
| The Czech Republic | |
| Finland | |
| Latvia | |
| Sudan |
(This note is not part of the Order)
This Order amends the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 1991(S.I. 1991/1468). That Order provides for the enforcement in Scotland of orders made by a court in a designated country or territory for the forfeiture and destruction or other disposal of property used in connection with the commission of a drug trafficking offence. The powers conferred by the 1991 Order also apply to proceedings which have been, or are to be, instituted in a designated country or territory and may result in such an order being made there.
This Order makes amendments in respect of the countries and territories to which the 1991 Order applies. It also amends article 3(1) and article 21(1)(e) of the 1991 Order to enable an external order for the forfeiture of anything which was intended for use in the commission of a relevant offence to be enforced in Scotland.