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The Drug Trafficking Act 1994 (Designated Countries and Territories) Order 1996
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8. In section 25—
(a)for subsection (1)(a) there shall be substituted the following:
“(a)proceedings have been instituted against the defendant in a designated country;”;
(b)in subsection (1)(b) the words “or the application has not” shall be omitted;
(c)in subsection (1)(c) sub-paragraph (i) and the words “in any other case” in sub-paragraph (ii) shall be omitted;
(d)subsection (2) shall be omitted;
(e)for subsection (3) there shall be substituted:
“(3) The powers mentioned in subsection (1) above are also exercisable where it appears to the High Court that proceedings are to be instituted against the defendant in a designated country and that there are reasonable grounds for believing that an external confiscation order may be made in them.”;
(f)subsection (4) shall be omitted;
(g)in subsection (5) for the words “proceedings in respect of the offence are not instituted, whether by the laying of an information or otherwise, or (as the case may be) if the application is not made”, there shall be substituted the words “the proposed proceedings are not instituted”.
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