The Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 1999

Statutory Instruments

1999 No. 282

CRIMINAL LAW, ENGLAND AND WALES

The Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 1999

Made

10th February 1999

Laid before Parliament

22nd February 1999

Coming into force

16th March 1999

At the Court at Buckingham Palace, the 10th day of February 1999

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 1999 and shall come into force on 16th March 1999.

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

(3) In this Order “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.  In the Appendix set out at the end of paragraph 21(i) of Schedule 2 to the principal Order (institution of proceedings) there shall be inserted after the entry for Thailand the following entry–

“Trinidad and Tobago

(a) when an information or complaint is laid before the magistrate; (b) when a person is charged with an offence; (c) when a bill of indictment is preferred; (d) when a warrant of arrest is executed against a person.”.

4.  A like amendment to that in article 3 above shall be made to the Appendix to section 102 of the Criminal Justice Act 1988 as set out in Schedule 3 to the principal Order.

A.K. Galloway

Clerk of the Privy Council

Article 2

SCHEDULE DESIGNATED COUNTRIES

Designated Country	Appropriate Authority
Belgium
Federal Republic of Germany
Hong Kong Special Administrative Region	The Department of Justice
Iceland
Portugal
Slovenia
Spain
Trinidad and Tobago	The Attorney General or a person designated by him

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 purpose of recovery of property obtained as a result of or in connection with conduct corresponding to 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.

Article 2 of this Order and the Schedule add to the list of countries to which the principal Order applies. Article 3 amends the Appendix set out at the end of paragraph 21(i) of Schedule 2 to the principal Order so that the point of institution of proceedings for Trinidad and Tobago is included. Article 4 makes the like amendments to article 3 in respect of the Appendix to section 102 of the 1988 Act set out in Schedule 3 to the principal Order.

(1)

1988 c. 33; section 96 was amended by section 21 of the Criminal Justice Act 1993 (c. 36).

(2)

S.I. 1991/2873, as amended by S.I. 1993/1790, 1993/3147, 1994/1639, 1996/278, 1996/2877, 1997/1316 and 1997/2976.