The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) Order 1996

Explanatory Note

(This note is not part of the Order)

This Order, which comes into force on 1st January 1997, amends the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991 (S.I. 1991/1463) and the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland) Order 1991 (S.I. 1991/1464). These provide for the enforcement in England and Wales and Northern Ireland of orders made by a court in a designated country or territory for the forfeiture and destruction or other disposal of property used or intended to be used in connection with the commission of a drug trafficking offence. The powers in each of the 1991 Orders 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. The orders were extended by the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) Order 1993 (S.I. 1993/1791) to include offences corresponding to indictable offences to which Part VI of the Criminal Justice Act 1988 (c. 33) applies and corresponding offences under the law of Northern Ireland.

This Order makes amendments in respect of the countries and territories to which the 1991 Orders apply. The further countries and territories designated for drug trafficking offences are listed in Schedule 1 and those designated for other offences are listed at Schedule 3. Article 4(b) and Schedule 2 inserts the “appropriate authority” in respect of countries previously designated for drug trafficking offences.

Article 2 of the Order also amends article 12(1)(e) of the 1991 Orders. The effect of this amendment is that a certificate issued by or on behalf of an appropriate authority of a designated country, which states that an order to be made by a court in that country will be for the forfeiture and destruction or the forfeiture and other disposal of anything in respect of which an offence has been committed or which was used in connection with the commission of such an offence, shall, in proceedings in the High Court, be admissible as evidence of the facts stated.