The Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 1996

Statutory Instruments

1996 No. 278

CRIMINAL LAW, ENGLAND AND WALES

The Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 1996

Made

14th February 1996

Laid before Parliament

26th February 1996

Coming into force

18th March 1996

At the Court at Buckingham Palace, the 14th day of February 1996

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 96 of the Criminal Justice Act 1988(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 Act 1988 (Designated Countries and Territories) (Amendment) Order 1996 and shall come into force on 18th March 1996.

(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(2).

2.  There shall be inserted in Schedule 1 to the principal Order, at the appropriate places in alphabetical order, the entries for those countries specified in the Schedule to this Order.

3.  The Appendix set out at the end of paragraph 21(f) of Schedule 2 to the principal Order (institution of proceedings) shall be amended as follows—

(a) after the entry for Netherlands, there shall be inserted the following entry—

“Romania

(a)   when the start of a penal pursuit is ordered; (b)   when penal proceedings start in respect of an offender.”;

(b) after the entry for Switzerland, there shall be inserted the following entries—

“Thailand	when a court or the Asset Examination Committee issues a restraint order.
United Mexican States	when the Ministerio Publico has established that there is probable cause to suspect that a person has committed an offence.”.

(c) the like amendments to those in sub-paragraphs (a) and (b) 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

Article 2

SCHEDULE DESIGNATED COUNTRIES

Designated country	Appropriate authority
Finland
Lithuania
Norway
Romania	The Ministry of the Interior and the Ministry of Justice
Thailand	The Attorney General or a person designated by him
United Mexican States	The Office of the Attorney General of the Republic

Explanatory Note

(This note is not part of the Order)

This Order amends the Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991 (S.I. 1991/2873) (“the principal Order”) which provides that, subject to certain modifications, Part VI of the Criminal Justice Act 1988 applies to an order made by a court in a designated country or territory for the purposes of recovery of property obtained as a result of or in connection with an offence to which Part VI of the Act applies, recovering the value of property so obtained or depriving a person of a pecuniary advantage so obtained.

This Order adds to the list of countries and territories to which the principal Order applies.

(1)

1988 c. 33; section 96 was amended by section 21 of the Criminal Justice Act 1993 (c. 36). There are other amendments to Part VI of the 1988 Act which are not relevant to this Order.

(2)

S.I. 1991/2873, as amended by S.I. 1993/1790, 1993/3147 and 1994/1639.