http://www.legislation.gov.uk/id/ukpga/1990/5

SCHEDULES

F1 SCHEDULE 1 United Kingdom Evidence for Use Overseas: Proceedings of Nominated Court

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SCHEDULE 2 Substances Useful for Manufacturing Controlled Drugs

Sections 12 and 13.

TABLE I

F2N-Acetylanthranilic Acid

Ephedrine

Ergometrine

Ergotamine

F2Isosafrole

Lysergic acid

F23,4 Methylenedioxy-Phenyl-2-Propanone

F3Norephedrine

1-Phenyl-2-propanone

F2Piperonal

Pseudoephedrine

F2Safrole

The salts of the substances listed in this Table whenever the existence of such salts is possible.

TABLE II

Acetic anhydride

Acetone

Anthranilic acid

Ethyl ether

F4Hydrochloric Acid

F4Methyl Ethyl Ketone (also referred to as 2-Butanone or M.E.K.)

Phenylacetic acid

Piperidine

F4Potassium Permanganate

F4Sulphuric Acid

F4Toluene

The salts of the substances listed in this Table F4except hydrochloric acid and sulphuric acid whenever the existence of such salts is possible.

SCHEDULE 3 Enforcement Powers in Respect of Ships

Section 20.

Preliminary

1 (1)

In this Schedule “an enforcement officer” means—

(a)

a constable;

(b)

an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the M1Customs and Excise Management Act 1979; and

(c)

any other person of a description specified in an order made for the purposes of this Schedule by the Secretary of State.

(2)

The power to make an order under sub-paragraph (1)(c) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(3)

In this Schedule “the ship” means the ship in relation to which the powers conferred by this Schedule are exercised.

Power to stop, board, divert and detain

2 (1)

An enforcement officer may stop the ship, board it and, if he thinks it necessary for the exercise of his functions, require it to be taken to a port in the United Kingdom and detain it there.

(2)

Where an enforcement officer is exercising his powers with the authority of the F5Commissioners of Customs and Excise given under section 20(2) of this Act the officer may require the ship to be taken to a port in the Convention state in question or, if that state has so requested, in any other country or territory willing to receive it.

(3)

For any of those purposes he may require the master or any member of the crew to take such action as may be necessary.

(4)

If an enforcement officer detains a vessel he shall serve on the master a notice in writing stating that it is to be detained until the notice is withdrawn by the service on him of a further notice in writing signed by an enforcement officer.

Power to search and obtain information

3 (1)

An enforcement officer may search the ship, anyone on it and anything on it including its cargo.

(2)

An enforcement officer may require any person on the ship to give information concerning himself or anything on the ship.

(3)

Without prejudice to the generality of those powers an enforcement officer may—

(a)

open any containers;

(b)

make tests and take samples of anything on the ship;

(c)

require the production of documents, books or records relating to the ship or anything on it;

(d)

make photographs or copies of anything whose production he has power to require.

Powers in respect of suspected offence

4

If an enforcement officer has reasonable grounds to suspect that an offence mentioned in section 18 or 19 of this Act has been committed on a ship to which that section applies he may—

(a)

arrest without warrant anyone whom he has reasonable grounds for suspecting to be guilty of the offence; and

(b)

seize and detain anything found on the ship which appears to him to be evidence of the offence.

Assistants

5 (1)

An enforcement officer may take with him, to assist him in exercising his powers—

(a)

any other persons; and

(b)

any equipment or materials.

(2)

A person whom an enforcement officer takes with him to assist him may perform any of the officer’s functions but only under the officer’s supervision.

Use of reasonable force

6

An enforcement officer may use reasonable force, if necessary, in the performance of his functions.

Evidence of authority

7

An enforcement officer shall, if required, produce evidence of his authority.

Protection of officers

8

An enforcement officer shall not be liable in any civil or criminal proceedings for anything done in the purported performance of his functions under this Schedule if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

Offences

9 (1)

A person is guilty of an offence if he—

(a)

intentionally obstructs an enforcement officer in the performance of any of his functions under this Schedule;

(b)

fails without reasonable excuse to comply with a requirement made by an enforcement officer in the performance of those functions; or

(c)

in purporting to give information required by an officer for the performance of those functions—

(i)

makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular; or

(ii)

intentionally fails to disclose any material particular.

(2)

A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

SCHEDULE 4 Consequential and other Amendments

Section 31(1).

The M2Misuse of Drugs Act 1971

F61

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The M3Magistrates’ Courts Act 1980

2

After section 97(2) of the Magistrates’ Courts Act 1980 there shall be inserted—

“(2A)
A summons may also be issued under subsection (1) above if the justice is satisfied that the person in question is outside the British Islands but no warrant shall be issued under subsection (2) above unless the justice is satisfied by evidence on oath that the person in question is in England or Wales.”

The M4Criminal Justice Act 1982

3

At the end of Part II of Schedule 1 to the Criminal Justice Act 1982 there shall be inserted—

“Criminal Justice (International Co-operation) Act 1990 (c. 5)
Section 14 (concealing or transferring proceeds of drug trafficking).”

The M5Drug Trafficking Offences Act 1986

F74

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The M6Criminal Justice (Scotland) Act 1987

F85

(1)

The Criminal Justice (Scotland) Act 1987 shall be amended as follows.

(2)

In section 1—

(a)

in subsection (2) after paragraph (c) there shall be inserted—

“(cc)
an offence under sections 12, 14 or 19 of the Criminal Justice (International Co-operation) Act 1990;”,

and in paragraph (d) for “or (c)” there shall be substituted, “ (c) or (cc) ”;

(b)

in subsection (6) after paragraph (d) there shall be inserted—

“(e)
manufacturing or supplying a scheduled substance within the meaning of section 12 of the Criminal Justice (International Co-operation) Act 1990 where the manufacture or supply is an offence under that section;”.

(3)

In section 3(3) after the words “section 43 of this Act” there shall be inserted the words “ or section 14 of the Criminal Justice (International Co-operation) Act 1990 ”.

(4)

In section 5(2) the words from “at the date” to “first occurs)”, the words “on that date” and the words “as at that date” shall cease to have effect.

M7 The Criminal Justice Act 1988

6 (1)

The Criminal Justice Act 1988 shall be amended as follows.

F9(2)

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(3)

In paragraph 6(1) of Schedule 13 for the words “In section 29 above “criminal proceedings” does not include proceedings before a Service court” there shall be substituted the words “ No application shall be made under section 3 of the Criminal Justice (International Co-operation) Act 1990 in relation to any offence which is or is to be the subject of proceedings before a Service court ”.

The M8Magistrates’ Courts (Northern Ireland) Order 1981

7

In Article 118(2) of the Magistrates’ Courts (Northern Ireland) Order 1981 after the words “a person” there shall be inserted the words “ in Northern Ireland ”.

M9 The Criminal Justice (Evidence, Etc.)(Northern Ireland) Order 1988

F108

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SCHEDULE 5 Repeals

Section 31(3).

Chapter	Short title	Extent of repeal
36 & 37 Vict. c. 60.	The Extradition Act 1873.	Section 5.
1975 c. 34.	The Evidence (Proceedings in Other Jurisdictions) Act 1975.	Section 5.
1978 c. 26.	The Suppression of Terrorism Act 1978.	In section 1, subsection (3)(d) together with the word “and” immediately preceding it, in subsection (4) the words from “and that subsection (3)(d)(ii)” onwards and subsection (5)(b) together with the word “and” immediately preceding it.
1987 c. 41.	The Criminal Justice (Scotland) Act 1987.	In section 5(2) the words from “at the date” to “first occurs)”, the words “on that date” and the words “as at that date”.
1988 c. 33.	The Criminal Justice Act 1988.	Section 29.
1989 c. 33.	The Extradition Act 1989.	In section 22(4)(f)(ii) the word “and”.
		In Schedule 1, in paragraph 15(h) the word “or” where it last occurs.