The Proceeds of Crime (Countries and Territories designated under the Criminal Justice Act 1988) Order (Northern Ireland) 1998

Made: 10th March 1998

To be laid before Parliament

Coming into operation: 27th April 1998

The Secretary of State, in pursuance of Article 42 of the Proceeds of Crime (Northern Ireland) Order 1996[^f00001], hereby makes the following Order:—

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Proceeds of Crime (Countries and Territories designated under the Criminal Justice Act 1988) Order (Northern Ireland) 1998 and shall come into operation on 27th April 1998.

• (2) In this Order—

• “the Order” means the Proceeds of Crime (Northern Ireland) Order 1996;

• “designated country” means a country or territory designated by an Order in Council under section 96 of the Criminal Justice Act 1988[^f00002] and specified in the first column of Schedule 1;

• “appropriate authority of a designated country” means— the authority specified opposite that country in Schedule 1; or where no authority is so specified, the authority appearing to the court to be the appropriate authority of that country for the purposes of this Order;

• “a court of a designated country” includes a court of any state or territory of a designated country.

Application of the Order to designated countries and territories

2

• (1) The Order shall apply, subject to paragraph (2), to each of the countries and territories specified in Schedule 1, being countries and territories designated under section 96 of the Criminal Justice Act 1988.

• (2) In relation to a designated country, the Order shall apply, subject to the modifications specified in Schedule 2, to external confiscation orders and to proceedings which have been or are to be instituted in the designated country and may result in an external confiscation order being made there, and accordingly in relation to such orders and such proceedings, the Order shall have effect as set out in Schedule 3.

Proof of orders and judgments of court of a designated country

3

• (1) For the purposes of Articles 42 and 43 of the Order and of the other provisions of the Order as applied under Article 2(2)—

• (a) any order made or judgment given by a court of a designated country purporting to bear the seal of that court or to be signed by any person in his capacity as a judge, magistrate or officer of the court, shall be deemed without further proof to have been duly sealed or, as the case may be, to have been signed by that person; and

• (b) a document, duly authenticated, which purports to be a copy of any order made or judgment given by a court of a designated country shall be deemed without further proof to be a true copy.

• (2) A document purporting to be a copy of any order made or judgment given by a court of a designated country is duly authenticated for the purpose of paragraph (1)(b) if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in question or by or on behalf of the appropriate authority of the designated country.

Evidence in relation to proceedings and orders in a designated country

4

• (1) For the purposes of Articles 42 and 43 of the Order, and of the other provisions of the Order as applied under Article 2(2), a certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating—

• (a) that proceedings have been instituted and have not been concluded, or that proceedings are to be instituted, there;

• (b) in a case to which sub-paragraph (b) of Article 4(2) of the Order, as modified by Schedule 2 to this Order, applies, that the defendant has been notified as specified in that sub-paragraph;

• (c) that an external confiscation order is in force and is not subject to appeal;

• (d) that all or a certain amount of the sum payable under an external confiscation order remains unpaid in the designated country, or that other property recoverable under an external confiscation order remains unrecovered there;

• (e) that any person has been notified of any proceedings in accordance with the laws of the designated country; or

• (f) that an order (however described) made or to be made by a court of the designated country has the purpose or, as the case may be, will have the purpose—

• (i) of recovering property obtained as a result of or in connection with conduct corresponding to an offence to which the Order applies other than a drug trafficking offence or the value of property so obtained; or

• (ii) of depriving a person of a pecuniary advantage so obtained,

shall, in any proceedings in the High Court, be admissible as evidence of the facts so stated.

• (2) In any such proceedings a statement contained in a document, duly authenticated, which purports to have been received in evidence or to be a copy of a document so received, or to set out or summarise evidence given in proceedings in a court of a designated country, shall be admissible as evidence of any fact stated therein.

• (3) A document is duly authenticated for the purposes of paragraph (2) if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in the designated country, or by or on behalf of the appropriate authority of the designated country, to have been received in evidence or to be a copy of a document so received, or, as the case may be, to be the original document containing or summarising the evidence or a true copy of that document.

• (4) Nothing in this Article shall prejudice the admission of any evidence, whether contained in any document or otherwise, which is admissible apart from this Article.

Certificate as to appropriate authority of a designated country

5

Where in relation to any designated country no authority is specified in Schedule 1, a certificate made by the Secretary of State to the effect that the authority specified therein is the appropriate authority for the purposes of this Order shall be sufficient evidence of that fact.

Representation of government of a designated country

6

A request for assistance sent to the Secretary of State by the appropriate authority of a designated country shall, unless the contrary is shown, be deemed to constitute the authority of the government of that country for the Director of Public Prosecutions for Northern Ireland to act on its behalf in any proceedings in the High Court under Article 43 of the Order or any other provision of the Order as applied by Article 2(2).

Satisfaction of confiscation order in a designated country

7

• (1) Where—

• (a) a confiscation order has been made under Article 8 of the Order in respect of an offence to which the Order applies other than a drug trafficking offence; and

• (b) a request has been sent by the Secretary of State to the appropriate authority of a designated country for assistance in enforcing that order; and

• (c) in execution of that request property is recovered in that country,

the amount payable under the confiscation order shall be treated as reduced by the value of the property so recovered.

• (2) For the purposes of this Article, and without prejudice to the admissibility of any evidence which may be admissible apart from this paragraph, a certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating that property has been recovered there in execution of a request by the Secretary of State, stating the value of the property so recovered and the date on which it was recovered shall, in any proceedings in a court in Northern Ireland, be admissible as evidence of the facts so stated.

Currency conversion

8

• (1) Where the value of property recovered as described in Article 7(1) is expressed in a currency other than that of the United Kingdom, the extent to which the amount payable under the confiscation order is to be reduced under that paragraph shall be calculated on the basis of the exchange rate prevailing on the date on which the property was recovered in the designated country concerned.

• (2) Where an amount of money payable or remaining to be paid under an external confiscation order registered in the High Court under Article 43 of the Order is expressed in a currency other than that of the United Kingdom, for the purpose of any action taken in relation to that order under the Order as applied under Article 2(2) the amount shall be converted into the currency of the United Kingdom on the basis of the exchange rate prevailing on the date of registration of the order.

• (3) For the purposes of this Article a written certificate purporting to be signed by any person acting in his capacity as an officer of any bank in the United Kingdom and stating the exchange rate prevailing on a specified date shall be admissible as evidence of the facts so stated.

Revocation

9

The Criminal Justice (Confiscation) (Designated Countries and Territories) (Northern Ireland) Order 1992[^f00003] is hereby revoked.

SCHEDULE 1

Designated country	Appropriate authority
Antigua and Barbuda	The Attorney General
Australia	The Attorney General’s Department
Austria
Belgium
Bulgaria
Canada	The Minister of Justice or officials designated by that Minister
Colombia	The Fiscalía General de la Nación and the Ministerio de Justicia del Derecho
Cyprus
Czech Republic
Denmark
Federal Republic of Germany
Finland
France
Hong Kong Special Administrative Region	The Department of Justice
Iceland
India	The Ministry of Home Affairs
Ireland
Isle of Man	Her Majesty’s Attorney General for the Isle of Man
Italy	The Ministry of Justice
Lithuania
Netherlands	Afdeling Internationale Rechtshulp
Nigeria	The Attorney General of the Federation of the Republic of Nigeria
Norway
Portugal
Romania	The Ministry of the Interior and the Ministry of Justice
Slovenia
Spain
Sweden	The Ministry of Foreign Affairs
Switzerland	Office Fédéral de la Police
Thailand	The Attorney General or a person designated by him
Trinidad and Tobago	The Attorney General or a person designated by him
Ukraine	The Office of the General Prosecutor and the Ministry of Justice
United Mexican States	The Office of the Attorney General of the Republic
United States of America	The Attorney General of the United States of America

SCHEDULE 2 — Modifications of the Proceeds of Crime (Northern Ireland) Order 1996

1

Article 1 shall be omitted.

2

In Article 2—

• (a) in paragraph (1) the words “Article 1 and” shall be omitted.

• (b) in paragraph (2)—

• (i) the definitions of “confiscation order”, “corresponding law”, “criminal conduct”, “drug trafficking”, “external confiscation order”, “modifications”, “proceeds of criminal conduct”, “relevant criminal conduct” and “statutory provision” shall be omitted;

• (ii) in the definition of “the defendant” for the words from “proceedings” to the end there shall be substituted the words “an external confiscation order has been made, or a person against whom proceedings which may result in an external confiscation order being made have been, or are to be, instituted in a designated country”;

• (iii) after the definition of “the defendant” there shall be inserted the following definition—

• “designated country” means a country or territory specified in Schedule 1 to the 1998 Order

• (iv) for the definition of “drug trafficking offence” there shall be substituted the following definition—

• “drug trafficking offence” has the same meaning as in the 1996 Order;

• (v) after the definition of “restraint order” there shall be added the following definitions—

• “the 1996 Order” means the Proceeds of Crime (Northern Ireland) Order 1996 unmodified by Schedule 2 to the 1998 Order;
• “the 1998 Order” means the Proceeds of Crime (Countries and Territories designated under the Criminal Justice Act 1988) Order (Northern Ireland) 1998.

• (c) in paragraph (3) for the list of expressions and relevant provisions there shall be substituted—

acting as an insolvency practitioner	Article 2(12)
authorised government department	Article 2(2)
charging order	Article 2(2)
conclusion of proceedings in a designated country	Article 4(3)
conduct to which this Order applies	Article 2(4)
constable	Article 2(2)
dealing with property	Article 31(9)
defendant	Article 2(2)
designated country	Article 2(2)
drug trafficking offence	Article 2(2)
external confiscation order	Article 8(1)
gift caught by this Order	Article 7(1)
“held”, in relation to property	Article 3(5)
institution of proceedings in a designated country	Article 4(2)
“interest”, in relation to property	Article 3(2)
making a gift	Article 7(3)
property	Article 3(1)
realisable property	Article 5(1)
restraint order	Article 2(2)
“satisfied”, in relation to an external confiscation order	Article 4(6)
“subject to appeal”, in relation to an order	Article 4(8)
value of gift, payment or reward	Article 6(2)
value of property	Article 6(1)

• (d) in paragraph (4) for the words “an offence to which this Order applies are references” there shall be substituted the words “conduct to which this Order applies are references to conduct corresponding”, and in paragraph (4)(b) after the word “than” there shall be inserted the words “a drug trafficking offence or”;

• (e) paragraphs (5) to (11) shall be omitted.

3

In Article 3 for paragraph (4) there shall be substituted the following paragraph—

(4) References in this Order to property obtained, or to a pecuniary advantage derived, or to anything received in connection with the commission of an offence include a reference to property obtained, or to a pecuniary advantage derived, or to anything received both in that connection and in some other connection, and whether before or after the commencement of the 1998 Order.

4

For the Part heading “CONFISCATION ORDERS” there shall be substituted the heading “EXTERNAL CONFISCATION ORDERS”.

5

In Article 4—

• (a) for paragraphs (2) and (3) there shall be substituted the following paragraphs—

(2) Proceedings are instituted in a designated country when— (a) under the law of the designated country concerned one of the steps specified in relation to that country in column 2 of the Appendix has been taken there in respect of alleged conduct by the defendant to which this Order applies; or (b) where no steps have been specified in relation thereto as mentioned in sub-paragraph (a), when the defendant has been notified in writing in accordance with the laws of the designated country that the competent authorities of that country have begun proceedings against him in respect of an offence; or (c) an application has been made to a court in a designated country for an external confiscation order, and where the application of this paragraph would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times. (3) Proceedings are concluded— (a) when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an external confiscation order being made in the proceedings; (b) on the satisfaction of an external confiscation order made in the proceedings (whether by the recovery of all property liable to be recovered, or the payment of any amount due, or otherwise).

• (b) paragraphs (4) and (5) shall be omitted;

• (c) for paragraph (6) there shall be substituted the following paragraph—

(6) For the purposes of this Order, an external confiscation order is satisfied when no property remains liable to be recovered under it, or no amount is due under it or otherwise.

• (d) paragraph (7) shall be omitted.

6

For Article 5 there shall be substituted the following Article—

(5) (1) In this Order “realisable property” means, subject to paragraph (2)— (a) in relation to an external confiscation order in respect of specified property, the property which is specified in the order; and (b) in any other case— (i) any property held by the defendant; and (ii) any property held by a person to whom the defendant has directly or indirectly made a gift caught by this Order. (2) Property is not realisable property if there is in force in respect of it an order under— (a) Article 11 of the Criminal Justice (Northern Ireland) Order 1994[^f00004] (deprivation orders); (b) section 27 of the Misuse of Drugs Act 1971[^f00005] (forfeiture orders); (c) section 13(2), (3) or (4) of the Prevention of Terrorism (Temporary Provisions) Act 1989[^f00006] (forfeiture orders); or (d) Article 8 of the 1996 Order (confiscation orders).

7

In Article 6—

• (a) in paragraph (2)(a) for the words “the commission of an offence” there shall be substituted the words “conduct to which this Order applies”;

• (b) paragraph (4) shall be omitted.

8

In Article 7—

• (a) there shall be substituted for paragraph (1) the following paragraph—

(1) A gift (including a gift made before the commencement of the 1998 Order) is caught by this Order if— (a) it was made by the defendant at any time after the conduct to which the external confiscation order relates; and (b) the court considers it appropriate in all the circumstances to take the gift into account.

• (b) paragraph (2) shall be omitted.

9

For Article 8 there shall be substituted the following Article—

(8) (1) An order made by a court of a designated country for the purpose— (a) of recovering— (i) property obtained or other rewards received as a result of or in connection with conduct to which this Order applies; or (ii) the value of property or other rewards so obtained or received; or (b) of depriving a person of a pecuniary advantage so obtained as mentioned in sub-paragraph (a), is referred to in this Order as an “external confiscation order”. (2) Article 43 shall have effect with respect to the registration of external confiscation orders. (3) In paragraph (1) the reference to an order includes any order, decree, direction or judgment, or any part thereof however described. (4) Where a person derives a pecuniary advantage as a result of or in connection with conduct to which this Order applies, he is to be treated for the purposes of this Order as if he had obtained as a result of or in connection with the conduct a sum of money equal to the value of the pecuniary advantage.

10

Articles 9 to 29 shall be omitted.

11

For Article 30 there shall be substituted the following Article—

(30) (1) The powers conferred on the High Court by Articles 31(1) and 32(1) are exercisable where— (a) proceedings have been instituted against the defendant in a designated country; (b) the proceedings have not been concluded; and (c) either an external confiscation order has been made in the proceedings or it appears to the High Court that there are reasonable grounds for thinking that such an order may be made in them. (2) Those powers 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 thinking that an external confiscation order may be made in them. (3) Where the Court has made an order under Article 31(1) or 32(1) by virtue of paragraph (2) the Court shall discharge the order if the proposed proceedings are not instituted within such time as the Court considers reasonable.

12

In Article 31—

• (a) for paragraph (3)(a) and (b) there shall be substituted the following sub-paragraphs—

(a) where an application under paragraph (5) relates to an external confiscation order made in respect of specified property, to property which is specified in that order; and (b) in any other case— (i) to all realisable property held by a specified person, whether the property is described in the restraint order or not; and (ii) to realisable property held by a specified person, being property transferred to him after the making of the restraint order.

• (b) in paragraph (5)—

• (i) in sub-paragraph (a) for the words “the prosecution” there shall be substituted the words “or on behalf of the government of a designated country or, in a case where an external confiscation order has been registered under Article 43, by a receiver appointed under Article 34 or the Director of Public Prosecutions for Northern Ireland”;

• (ii) for sub-paragraph (c) there shall be substituted the following sub-paragraph—

(c) notwithstanding anything in Order 11 of the Rules of the Supreme Court (Northern Ireland) 1980[^f00007] may provide for service on, or the provision of notice to, persons affected by the order in such manner as the High Court may direct.

• (c) for paragraph (6)(b) there shall be substituted the following sub-paragraph—

(b) shall be discharged when the proceedings in relation to which the order was made are concluded.

• (d) in paragraph (12) for the words “The prosecution” there shall be substituted the words “A person applying for a restraint order under paragraph (5)(a)”.

13

In Article 32—

• (a) for paragraph (1)(a) and (b) there shall be substituted the following sub-paragraphs—

(a) where a fixed amount is payable under an external confiscation order, of an amount not exceeding the amount so payable; and (b) in any other case, of an amount equal to the value from time to time of the property charged.

• (b) in paragraph (2)—

• (i) in sub-paragraph (a) for the words “the prosecution” there shall be substituted the words “or on behalf of the government of a designated country or, in a case where an external confiscation order has been registered under Article 43, by a receiver appointed under Article 34 or the Director of Public Prosecutions for Northern Ireland”;

• (ii) for sub-paragraph (c), there shall be substituted the following sub-paragraph—

(c) notwithstanding anything in Order 11 of the Rules of the Supreme Court (Northern Ireland) 1980 shall provide for service on, or the provision of notice to, persons affected by the order in such manner as the High Court may direct;

; and

• (c) in paragraph (6)(b)(i) for the words “or of the application in question” there shall be substituted the words “against the defendant in the designated country”.

14

In Article 33 paragraphs (3) and (4) shall be omitted.

15

After Article 33 there shall be inserted the following Article—

(33A) Notwithstanding anything in rule 21(2) of Order 116 of the Rules of the Supreme Court (Northern Ireland) 1980, an application under Article 31(5) or Article 32(2) shall be supported by an affidavit which shall— (a) state, where applicable, the grounds for believing that an external confiscation order may be made in the proceedings instituted or to be instituted in the designated country concerned; (b) to the best of the deponent’s ability, give particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property; (c) in a case to which Article 30(2) applies, indicate when it is intended that proceedings should be instituted in the designated country concerned, and the affidavit may, unless the court otherwise directs, contain statements of information or belief with the sources and grounds thereof.

16

In Article 34, for paragraph (1) there shall be substituted the following paragraphs—

(1) Where an external confiscation order has been registered in the High Court under Article 43, the High Court may, on the application of the Director of Public Prosecutions for Northern Ireland, exercise the powers conferred by paragraphs (1A) to (6). (1A) In respect of any sum of money payable under the external confiscation order the court may make a garnishee order as if the sum were due to the Crown in pursuance of a judgment or order of the High Court, but any such order shall direct that the sum payable be paid to the High Court.

17

In Article 35—

• (a) in paragraph (1) for the words from “applied” to the end there shall be substituted the words “paid to the High Court and applied for the purposes specified in paragraphs (5) to (7) and in the order so specified.”;

• (b) in paragraph (3) for the words “If, after the amount payable under the confiscation order” there shall be substituted the words “Where a fixed amount is payable under the external confiscation order and, after that amount”;

• (c) paragraph (4) shall be omitted;

• (d) in paragraph (5) for the words “The proper officer shall first” there shall be substituted the words “Any sums paid to the High Court under paragraph (1) or under an order made under Article 34(1A) or otherwise in satisfaction of an external confiscation order shall be first applied to”;

• (e) for paragraph (6) there shall be substituted the following paragraph—

(6) If the money was paid to the High Court by a receiver appointed under this Order or in pursuance of a charging order the receiver’s remuneration and expenses shall next be paid.

• (f) in paragraph (7) for the words “After making” there shall be substituted the words “After there has been made”, and for the words “the proper officer shall reimburse any amount paid under Article 40(2)” there shall be substituted the words “any amount paid under Article 40(2) shall be reimbursed”;

• (g) paragraph (8) shall be omitted;

• (h) for paragraph (9) there shall be substituted the following paragraph—

(9) Any sums remaining after all the payments required to be made under the foregoing provisions of this Article have been made shall be paid into the Consolidated Fund.

; and

• (i) paragraphs (10) and (11) shall be omitted.

18

In Article 36—

• (a) in paragraph (2) for the words from “making available” to the end there shall be substituted the words “recovering property which is liable to be recovered under an external confiscation order registered in the High Court under Article 43 or, as the case may be, with a view to making available for recovery property which may become liable to be recovered under any external confiscation order which may be made in the defendant’s case”; and

• (b) in paragraph (6), after the word “the” in the fourth place where it occurs, there shall be inserted the word “external”.

19

In Article 37—

• (a) in paragraph (6)(a) heads (i) and (ii) shall be omitted;

• (b) in paragraph (6)(b) for the words “conclusion of the proceedings or of the application” there shall be substituted the words “discharge of the restraint or charging order”.

20

In Article 40 in paragraph (2) the words “by the prosecution or, in a case where proceedings for an offence to which this Order applies are not instituted,” shall be omitted.

21

Articles 41 and 42 shall be omitted.

22

In Article 43—

• (a) in paragraph (3) after the word “satisfied” there shall be inserted the words “by the recovery of all property liable to be recovered under it or”;

• (b) paragraph (4) shall be omitted.

23

Part III (Articles 44 to 48) shall be omitted.

24

In Article 49—

• (a) for paragraph (1)(a) there shall be substituted the following sub-paragraph—

(a) that an investigation by the Royal Ulster Constabulary into the existence, extent or whereabouts of any realisable property is taking place; and

• (b) paragraph (4) shall be omitted.

25

In Article 50—

• (a) for paragraph (1) there shall be substituted the following paragraph—

(1) A constable or a financial investigator may for the purposes of an investigation into the existence, extent or whereabouts of any realisable property apply to a county court judge for an order under paragraph (2) in relation to particular material or material of a particular description.

• (b) for paragraph (4)(a) there shall be substituted the following sub-paragraph—

(a) that there are reasonable grounds for suspecting that a specified person has at any time held property which was realisable property,

26

In Article 51—

• (a) for paragraph (1) there shall be substituted the following paragraph—

(1) A constable or a financial investigator may for the purposes of an investigation into the existence, extent or whereabouts of any realisable property apply to a county court judge for a warrant under this Article in relation to specified premises.

• (b) for paragraph (3)(a) there shall be substituted the following sub-paragraph—

(a) that there are reasonable grounds for suspecting that a specified person has at any time held property which was realisable property,

• (c) in paragraph (4)—

• (i) for sub paragraph (a) there shall be substituted the following sub-paragraph—

(a) that there are reasonable grounds for suspecting that a specified person has at any time held property which was realisable property,

• (ii) for sub-paragraph (b)(ii) there shall be substituted the following head—

(ii) to the question whether that person has at any time held property which was realisable property or to any question as to the extent or whereabouts of such property,

27

In Article 52—

• (a) for paragraph (1)(a) there shall be substituted the following sub-paragraph—

(a) an investigation into the existence, extent or whereabouts of any realisable property shall be treated (so far as that would not otherwise be the case) as if it were an investigation of, or in connection with an offence, and

• (b) paragraph (2)(b) shall be omitted.

28

Article 53 shall be omitted.

29

In Article 54—

• (a) in paragraph (1) for the words “the prosecution” there shall be substituted the words “or on behalf of the government of a designated country or, in a case where an external confiscation order has been registered under Article 43, by a receiver appointed under Article 34 or the Director of Public Prosecutions for Northern Ireland”;

• (b) in paragraph (2)(b) for the words “paragraph (3)” there shall be substituted the words “paragraph (2)”;

• (c) in paragraph (2) the words from “but” to the end shall be omitted;

• (d) in paragraph (9)(b) for the words “Article 49” there shall be substituted the words “this Order”;

• (e) paragraph (13) shall be omitted.

30

Articles 55 and 56 shall be omitted.

31

For Article 57 there shall be substituted the following Article—

(57) The statutory provision specified in paragraph 14 of Schedule 3 shall have effect subject to the amendment specified in that paragraph being an amendment consequential upon the provisions of this Order.

32

After Article 57 there shall be inserted the following Appendix—

APPENDIX

Designated country	Point at which proceedings are instituted
Antigua and Barbuda	when a person has been charged with a scheduled offence.
Australia	when an information or a complaint has been laid before a justice of the peace or magistrate, or a person has been charged with an offence, or an indictment or a presentment has been preferred.
Colombia	when a preliminary investigation or a formal process has begun and, in either case, a Resolution has been issued for a freezing or seizure order.
India	awhen information relating to commission of any crime is received by any law enforcement agency empowered to investigate such crime under the law for the time being in force and laid before a court of law;bwhen any allegation is made orally or in writing to a court of law that a person has committed an offence;cwhen a person is charged with an offence;dwhen any investigation or inquiry into the commission of any offence is directed by a court of law.
Isle of Man	awhere a justice of the peace issues a summons under Section 4] of the Summary Jurisdiction Act 1989, when the complaint in relation to the offence is made to him;bwhere a justice of the peace issues a warrant for the arrest of any person under that section, when the complaint in relation to the offence is made to him;cwhere a person is charged with the offence after being taken into custody without a warrant, when he is taken into custody;dwhere an information is preferred by the Attorney General in a case where there have been no committal proceedings, when the information is lodged in the General Registry in accordance with section 4(1) of the Criminal Code Amendment Act 1917
Italy	awhen a person is notified, in accordance with Article 369 of the Italian Code of Criminal Procedure, that a prosecution against him is in progress;bwhen a proposal for the application of a preventative measure (“misura di prevenzione”) is laid before a court.
Netherlands	awhen a pre-trial financial investigation has been initiated;bwhen the provisional measure has been ordered by an investigating magistrate;cwhen a public prosecutor has requested a pre-trial criminal investigation by an investigating magistrate to be instituted;dwhen a public prosecutor has laid an indictment.
Romania	awhen the start of a penal pursuit is ordered;bwhen penal proceedings start in respect of an offender.
Sweden	when a public prosecutor has established that there are reasonable grounds to suspect that a person has committed an offence and accordingly the prosecutor is obliged under the Code of Judicial Procedure to notify the person of the suspicion.
Switzerland	when proceedings for an offence are brought before an examining magistrate.
Thailand	when a court or the Asset Examination Committee issues a restraint order.
Trinidad and Tobago	when an information or a complaint has been laid before the magistrate;
	when a person is charged with an offence;
	when a bill of indictment is preferred;
	when a warrant of arrest is executed against a person.
Ukraine	when a criminal case is brought.
United Mexican States	when the Ministerio Público has established that there is probable cause to suspect that a person has committed an offence.
United States of America	when an indictment, information or complaint has been filed against a person in respect of an offence.

33

For Schedule 1 there shall be substituted the following Schedule—

SCHEDULE 1

Enactment	Description of Offence
Video Recordings Act 1984 (c. 39)	Video Recordings Act 1984 (c. 39)
Section 9	Supplying video recording of unclassified work
Section 10	Possession of video recording of unclassified work for the purposes of supply.

34

In Schedule 2—

• (a) in paragraph 3—

• (i) in sub-paragraph (1) for the words “benefited from any conduct to which Article 49 applies” there shall be substituted the words “at any time held property which was realisable property”;

• (ii) sub-paragraph (4) shall be omitted;

• (b) paragraph 7(3) shall be omitted;

• (c) in paragraph 8—

• (i) for sub-paragraph (1) there shall be substituted the following sub-paragraph—

(1) Any code of practice made by the Secretary of State under paragraph 8(1) of Schedule 2 to the 1996 Order shall, subject to any necessary adaptations, apply to the exercise by financial investigators of the powers conferred by this Schedule as it applies for the purposes of the 1996 Order.

• (ii) sub-paragraphs (2) to (5) shall be omitted;

• (iii) in sub-paragraph (6) for the words “a code of practice issued under this paragraph” there shall be substituted the words “the code of practice referred to in sub-paragraph (1)”.

• (d) paragraph 9 shall be omitted.

35

In Schedule 3—

• (a) for the heading “AMENDMENTS” there shall be substituted “AMENDMENT”;

• (b) paragraphs 1 to 13 shall be omitted;

• (c) in paragraph 14 for the words “a confiscation” there shall be substituted the words “an external confiscation”;

• (d) paragraphs 15 to 19 shall be omitted.

36

Schedules 4 and 5 shall be omitted.

SCHEDULE 3 — The Proceeds of Crime (Northern Ireland) Order 1996 as modified

Signed

Marjorie Mowlam — One of Her Majesty’s Principal Secretaries of State — 10th March 1998

Explanatory note

(This note is not part of the Order.)

This Order provides that, subject to certain modifications, the Proceeds of Crime (Northern Ireland) Order 1996 (“the 1996 Order”) applies to an order made by a court in any of the countries or territories listed in Schedule 1 (being countries and territories designated under section 96 of the Criminal Justice Act 1988) for the purposes of recovering property obtained as a result of or in connection with conduct corresponding to certain offences, recovering the value of the property so obtained or of depriving a person of a pecuniary advantage so obtained. The 1996 Order as modified will 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. Offences to which the 1996 Order as modified applies are indictable offences (other than drug trafficking offences and offences under Part III of the Prevention of Terrorism (Temporary Provisions) Act 1989) and certain specified summary offences. The Order also provides in Article 7 that the value of any property recovered in a designated country or territory in response to a request by the government of the United Kingdom for assistance in the enforcement of an order is to be treated as reducing the amount payable in Northern Ireland under a confiscation order made by the Crown Court or a court of summary jurisdiction.

Article 2 designates the countries and territories listed in Schedule 1 for the purposes of enforcement of confiscation orders and applies the provisions of the 1996 Order, with modifications, to confiscation orders of courts in those countries and territories and proceedings which may lead to such an order being made. The modifications of the 1996 Order are set out in Schedule 2, and Schedule 3 sets out in full that Order as so modified.

Footnotes

[^f00001]: S.I. 1996/1299 (N.I. 9)

[^f00002]: 1988 c. 33; section 96 was amended by section 21 of the Criminal Justice Act 1993 (c. 36)

[^f00003]: S.R. 1992 No. 198 as amended by S.R. 1993 No. 359, S.R. 1994 No. 165 and S.R. 1994 No. 351

[^f00004]: S.I. 1994/2795 (N.I. 15)

[^f00005]: 1971 c. 38

[^f00006]: 1989 c. 4

[^f00007]: S.R. 1980 No. 346

[^f00008]: 1954 c. 33 (N.I.)

[^f00009]: 1947 c. 44

[^f00010]: 1979 c. 2

[^f00011]: S.I. 1996/1299 (N.I. 9)

[^f00012]: 1989 c. 4

[^f00013]: S.I. 1989/2405 (N.I. 19)

[^f00014]: S.I. 1994/2795 (N.I. 15)

[^f00015]: 1971 c. 38

[^f00016]: S.I. 1990/2588 (N.I. 17)

[^f00017]: S.R. 1980 No. 346

[^f00018]: 1970 c. 18 (N.I.)

[^f00019]: 1986 c. 53

[^f00020]: S.I. 1981/226 (N.I. 6)

[^f00021]: S.R. 1980 No. 346; relevant amendments were made by S.R. 1996 No. 282

[^f00022]: S.I. 1989/2405 (N.I. 19)

[^f00023]: S.I. 1989/1341 (N.I. 12)

[^f00024]: 1979 c. 2

[^f00025]: S.I. 1993/1933

[^f00026]: 1987 c. 22

[^f00027]: 1986 c. 53

[^f00028]: S.I. 1985/1205 (N.I. 12)

[^f00029]: 1969 c. 24 (N.I.)

[^f00030]: 1992 c. 40

[^f00031]: S.I. 1979/1714 (N.I. 19)

[^f00032]: S.I. 1986/1032 (N.I. 6)

[^f00033]: 1985 c. 6

[^f00034]: 1986 c. 60

[^f00035]: 1982 c. 50

[^f00036]: 1955 c. 18

[^f00037]: 1955 c. 19

[^f00038]: 1957 c. 53

Editorial notes

[^key-2d46de33c62837a06a52805a2dfaa22b]: Art. 1 in operation at 27.4.1998, see art. 1(1)

[^key-c66cf9ac4f62e35a79f64c25accbe87d]: Art. 2 in operation at 27.4.1998, see art. 1(1)

[^key-a5922602be990319f389860d15cf9b89]: Art. 3 in operation at 27.4.1998, see art. 1(1)

[^key-752238ed20fc9df608f2133aeaabd45a]: Art. 4 in operation at 27.4.1998, see art. 1(1)

[^key-a2bcffc1749b7808e6394bfceed9f21b]: Art. 5 in operation at 27.4.1998, see art. 1(1)

[^key-299ed7a9f7e00a2f47151415be594ce9]: Art. 6 in operation at 27.4.1998, see art. 1(1)

[^key-f09d887f078abb4445f4eee1dece0352]: Art. 7 in operation at 27.4.1998, see art. 1(1)

[^key-e73643e88a885221368178074fa723c1]: Art. 8 in operation at 27.4.1998, see art. 1(1)

[^key-0e005bdefd06e010275e4115365f2457]: Art. 9 in operation at 27.4.1998, see art. 1(1)

[^key-b9c32550b589aa9b1053a5f348ae1734]: Sch. 2 para. 1 in operation at 27.4.1998, see art. 1(1)

[^key-107b0d34a2d89d2a420ef4c68efe12f6]: Sch. 2 para. 2 in operation at 27.4.1998, see art. 1(1)

[^key-48df74595d5e52fc55a771f1659189f7]: Sch. 2 para. 3 in operation at 27.4.1998, see art. 1(1)

[^key-4f22bd1540a29a76d29d9839e57d76c2]: Sch. 2 para. 4 in operation at 27.4.1998, see art. 1(1)

[^key-b771035b303f605a8f0d31b3f4749aeb]: Sch. 2 para. 5 in operation at 27.4.1998, see art. 1(1)

[^key-6a3a9029b72bb10722a6d622840f488f]: Sch. 2 para. 6 in operation at 27.4.1998, see art. 1(1)

[^key-65ced44d7a0a1c0c241cb0b1befabddb]: Sch. 2 para. 7 in operation at 27.4.1998, see art. 1(1)

[^key-9d30e2cc9ebcbd88ab4bf96f7ffbe2b0]: Sch. 2 para. 8 in operation at 27.4.1998, see art. 1(1)

[^key-046380dd7956efa0a940678a9ccd4f5a]: Sch. 2 para. 9 in operation at 27.4.1998, see art. 1(1)

[^key-2911b200a67c4158e4fe7f8302fd91c9]: Sch. 2 para. 10 in operation at 27.4.1998, see art. 1(1)

[^key-2b0f7e5f819bd0ac1136eacb4483f700]: Sch. 2 para. 11 in operation at 27.4.1998, see art. 1(1)

[^key-b0aa2b51e795dda65b74fdfb90c68e27]: Sch. 2 para. 12 in operation at 27.4.1998, see art. 1(1)

[^key-af80549723c8e3f22b80692228090011]: Sch. 2 para. 13 in operation at 27.4.1998, see art. 1(1)

[^key-f81e0ebd621ee4a511abe6bbc10bb8eb]: Sch. 2 para. 14 in operation at 27.4.1998, see art. 1(1)

[^key-feac06656c5804d65b00f6f4bd945873]: Sch. 2 para. 15 in operation at 27.4.1998, see art. 1(1)

[^key-19b153b8b270c8cd6c529fd75f662dc0]: Sch. 2 para. 16 in operation at 27.4.1998, see art. 1(1)

[^key-e7fd3d0107953f489c33cf4c18a362f6]: Sch. 2 para. 17 in operation at 27.4.1998, see art. 1(1)

[^key-d6728982a33962cb20957cc262891a56]: Sch. 2 para. 18 in operation at 27.4.1998, see art. 1(1)

[^key-a2d4ad149765935950bfc81cc2cee833]: Sch. 2 para. 19 in operation at 27.4.1998, see art. 1(1)

[^key-59cbd1d0497d3862fc3525d52456ad74]: Sch. 2 para. 20 in operation at 27.4.1998, see art. 1(1)

[^key-daacb2ebe24f444ff52a8ce1a9e1c9f1]: Sch. 2 para. 21 in operation at 27.4.1998, see art. 1(1)

[^key-0a0047b0195fed0f87f6f39ff07e6b80]: Sch. 2 para. 22 in operation at 27.4.1998, see art. 1(1)

[^key-71c716f88fa32f28f1bafb53a1447e96]: Sch. 2 para. 23 in operation at 27.4.1998, see art. 1(1)

[^key-44179af680c9ab541ea9633a617a0a52]: Sch. 2 para. 24 in operation at 27.4.1998, see art. 1(1)

[^key-2fdccd069abd7714fc8abd4207afaa49]: Sch. 2 para. 25 in operation at 27.4.1998, see art. 1(1)

[^key-0a5aaa227c38b66817de7f5d1be8243d]: Sch. 2 para. 26 in operation at 27.4.1998, see art. 1(1)

[^key-e45571f8936c13747f946776d787280f]: Sch. 2 para. 27 in operation at 27.4.1998, see art. 1(1)

[^key-b54bba2b02e0edbf16854570a9598186]: Sch. 2 para. 28 in operation at 27.4.1998, see art. 1(1)

[^key-3a4a6c4e7fb5b7599dc388c389dc6874]: Sch. 2 para. 29 in operation at 27.4.1998, see art. 1(1)

[^key-81b4a61a47360d8db93eb3a03eeaa36e]: Sch. 2 para. 30 in operation at 27.4.1998, see art. 1(1)

[^key-9736939c57809549f932af3d745e0fac]: Sch. 2 para. 31 in operation at 27.4.1998, see art. 1(1)

[^key-193ccb01f3d6dae829193ce1b35eb9b1]: Sch. 2 para. 32 in operation at 27.4.1998, see art. 1(1)

[^key-08e7d6a34a99aa156e921892492d4832]: Sch. 2 para. 33 in operation at 27.4.1998, see art. 1(1)

[^key-12c798a937711b6a749441c32c262426]: Sch. 2 para. 34 in operation at 27.4.1998, see art. 1(1)

[^key-7be1cb7de00e6d132bdcffe567e5f818]: Sch. 2 para. 35 in operation at 27.4.1998, see art. 1(1)

[^key-adb7d5920907f8cf2a3fedbbe1c69ee3]: Sch. 2 para. 36 in operation at 27.4.1998, see art. 1(1)

[^key-c4b21a6bd5c96f55d1272dcdbb72ca62]: Sch. 1 in operation at 27.4.1998, see art. 1(1)

[^key-d2a4fae7d3f2541785a213aac79c1dd8]: Sch. 3 in operation at 27.4.1998, see art. 1(1)

[^key-9c0de56f99fd311fe201a6f1cce214e0]: Words in Sch. 1 inserted (1.2.1999) by The Proceeds of Crime (Countries and Territories designated under the Criminal Justice Act 1988) (1998 Order) (Amendment) (Northern Ireland) Order 1998 (S.R. 1998/462), arts. 1(1), 2, Sch.

[^key-adbf84bed2b3ade112476a2f19c4ecde]: Words in Sch. 2 para. 32 inserted (1.2.1999) by The Proceeds of Crime (Countries and Territories designated under the Criminal Justice Act 1988) (1998 Order) (Amendment) (Northern Ireland) Order 1998 (S.R. 1998/462), arts. 1(1), 3(a)

[^key-25aa70c9623a530c51977c21b1ecf621]: Words in Sch. 2 para. 32 substituted (1.2.1999) by The Proceeds of Crime (Countries and Territories designated under the Criminal Justice Act 1988) (1998 Order) (Amendment) (Northern Ireland) Order 1998 (S.R. 1998/462), arts. 1(1), 3(b)

[^key-0e2cc2f52cf99e8322ef07601bfff5c8]: Words in Sch. 1 inserted (5.4.1999) by The Proceeds of Crime (Countries and Territories designated under the Criminal Justice Act 1988) (1998 Order) (Amendment) (Northern Ireland) Order 1999 (S.R. 1999/99), arts. 1(1), 2, Sch.

[^key-d86c79f6ef6b20ad470712da0870ece5]: Words in Sch. 2 para. 32 inserted (5.4.1999) by The Proceeds of Crime (Countries and Territories designated under the Criminal Justice Act 1988) (1998 Order) (Amendment) (Northern Ireland) Order 1999 (S.R. 1999/99), arts. 1(1), 3