SCHEDULES

SCHEDULE 11Amendments

31Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)

I31

The Proceeds of Crime (Northern Ireland) Order 1996 is amended as follows.

I1I42

Parts II and III shall cease to have effect.

3

The following provisions shall also cease to have effect—

I2a

in Article 2 (interpretation) in paragraph (2) from the definition of “charging order” to the definition of “external confiscation order” and from the definition of “modifications” to the definition of “restraint order” and paragraphs (3) to (10) and (12);

I2b

Article 3 (definition of “property” etc.);

I3I2c

in Article 49 (additional investigation powers), in paragraph (1) sub-paragraph (c) and the word “and” immediately preceding it, in paragraph (1A) sub-paragraph (c) and the word “and” immediately preceding it, paragraph (4) and in paragraph (5) the definitions of “customs officer” and “relevant property”;

I3d

in Article 52 (supplementary provisions) in paragraph (2) sub-paragraph (b) and the word “and” immediately preceding it, and paragraph (3);

I3e

in Article 54 (disclosure of information held by government departments) paragraphs (1) to (10) and (13) and in paragraph (11) the words “An order under paragraph (1) and,”;

I3f

in Article 55 (Customs and Excise prosecution powers), in paragraph (6) in the definition of “specified offence” in paragraph (a) the words “Part III or” and paragraph (c) and the word “or” immediately preceding it, and paragraph (7);

I3g

Article 56(2) to (4) (extension of certain offences to the Crown);

I3h

in Schedule 2 paragraph 3.

I34

In Article 49(1) (additional investigation powers)—

a

for “county court” substitute “ Crown Court ”;

b

in sub-paragraph (a) for the words from “an investigation” to the end of head (ii) substitute “ a confiscation investigation ”;

c

in sub-paragraph (b) after “and who is” insert “ an accredited financial investigator ”.

I35

In Article 49(1A)—

a

after “application made by” insert “ the Director of the Assets Recovery Agency or ”;

b

for “county court” substitute “ Crown Court ”;

c

in sub-paragraph (a) for the words from “an investigation” to the end of head (ii) substitute “ a confiscation investigation ”;

d

in sub-paragraph (b) after “if” insert “ the Director or ”;

e

after “authorise” insert “ the Director or ”;

f

for “paragraphs 3 and 3A” where it twice occurs substitute “ paragraph 3A ”.

I36

In Article 49(5) insert at the appropriate place in alphabetical order—

“accredited financial investigator” has the meaning given by section 3(5) of the Proceeds of Crime Act 2002;

“confiscation investigation” has the same meaning as it has for the purposes of Part 8 of that Act by virtue of section 341(1);

I37

In Article 50(1) (order to make material available)—

a

for sub-paragraphs (a) and (b) substitute “drug trafficking”;

b

for “county court” substitute “ Crown Court ”.

I38

In Article 50(4)(a), for heads (i) to (iii) substitute “has carried on drug trafficking”.

I39

In Article 50(8) for “county court” substitute “ Crown Court ”.

I310

In Article 51(1) (authority for search)—

a

for sub-paragraphs (a) and (b) substitute “drug trafficking”;

b

for “county court” substitute “ Crown Court ”.

I311

In Article 51(3)(a) for heads (i) to (iii) substitute “has carried on drug trafficking”.

I312

In Article 51(4)—

a

in sub-paragraph (a) for heads (i) to (iii) substitute “has carried on drug trafficking”;

b

in sub-paragraph (b)(i) for the words from “the question” to the end substitute “ drug trafficking ”.

I313

In Article 52(1)(a) (supplementary provisions), for heads (i) to (ii) substitute “drug trafficking”.

I314

In Article 54 (disclosure of information held by government departments) in paragraph (12)(b) for “referred to in paragraph (1)” substitute “ specified in an order under Article 50(2) ”.

I315

After Article 54 insert the following Article—

Construction of Articles 49 to 5454A

1

This Article has effect for the purposes of Articles 49 to 54.

2

A reference to a constable includes a reference to a customs officer.

3

A customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979.

4

Drug trafficking means doing or being concerned in any of the following (whether in Northern Ireland or elsewhere)—

a

producing or supplying a controlled drug where the production or supply contravenes section 4(1) of the Misuse of Drugs Act 1971 or a corresponding law;

b

transporting or storing a controlled drug where possession of the drug contravenes section 5(1) of that Act or a corresponding law;

c

importing or exporting a controlled drug where the importation or exportation is prohibited by section 3(1) of that Act or a corresponding law;

d

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 or would be such an offence if it took place in Northern Ireland;

e

using any ship for illicit traffic in controlled drugs in circumstances which amount to the commission of an offence under section 19 of that Act.

5

In this Article “corresponding law” has the same meaning as in the Misuse of Drugs Act 1971.

I316

In Article 55 after paragraph (6) insert—

6A

Proceedings for an offence are instituted—

a

when a summons or warrant is issued under Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981 in respect of the offence;

b

when a person is charged with the offence after being taken into custody without a warrant;

c

when an indictment is preferred under section 2(2)(c), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969.

6B

Where the application of paragraph (6A) would result in there being more than one time for the institution of proceedings they must be taken to have been instituted at the earliest of those times.

I317

In Article 56(1) (extension of certain offences to the Crown), for “Articles 44, 45, 46, 47(2), 48 and” substitute “ Article ”.

I318

In Schedule 2 (financial investigations) in paragraph 3A—

a

in sub-paragraph (1) for “any conduct to which Article 49 applies” substitute “ his criminal conduct ”;

b

after that paragraph insert—

1A

For the purposes of sub-paragraph (1) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 4 of the Proceeds of Crime Act 2002.