xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULE 1PROVISIONS OF THE CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) ACT 1990 AS EXTENDED TO ANGUILLA

PART IITHE VIENNA CONVENTION

Substances useful for manufacture of controlled drugs

Manufacture and supply of scheduled substances.

12.—(1) It is an offence for a person—

(a)to manufacture a scheduled substance; or

(b)to supply such a substance to another person,

knowing or suspecting that the substance is to be used in or for the unlawful production of a controlled drug.

(2) A person guilty of an offence under subsection (1) above is liable—

(a)on a summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or both.

(3) In this section “a controlled drug” has the same meaning as in the Drugs (Prevention of Misuse) Ordinance 1988 and “unlawful production of a controlled drug” means the production of such a drug which is unlawful by virtue of section 7(1)(a) of that Ordinance.

(4) In this section and elsewhere in this Part of this Act “a scheduled substance” means a substance for the time being specified in Schedule B to this Act.

(5) The Governor may by regulations amend that Schedule (whether by addition, deletion or transfer from one Table to the other) but no such regulation shall add any substance to the Schedule unless—

(i)it appears to the Governor to be frequently used in or for the unlawful production of a controlled drug; or

(ii)it has been added to the Annex to the Vienna Convention under Article 12 of that Convention.

Regulations about scheduled substances.

13.—(1) The Governor may by regulations make provision—

(a)imposing requirements as to the documentation of transactions involving scheduled substances;

(b)requiring the keeping of records and the furnishing of information with respect to such substances;

(c)for the inspection of records kept pursuant to the regulations;

(d)for the labelling of consignments of scheduled substances.

(2) Regulations made by virtue of subsection (1)(b) may, in particular, require—

(a)the notification of the proposed exportation of substances specified in Table 1 in Schedule B to this Act to such countries as may be specified in the regulations; and

(b)the production, in such circumstances as may be so specified, of evidence that the required notification has been given.

(3) Regulations under this section may make different provision in relating to the substances specified in Table I and Table II in Schedule B to this Act respectively and in relation to different cases or circumstances.

(5) Any person who fails to comply with any requirement imposed by the regulations or, in purported compliance with any such requirement, furnishes information which he knows to be false in a material particular or recklessly furnishes information which is false in a material particular is guilty of an offence and liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding two thousand dollars or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

(6) No information obtained pursuant to the regulations shall be disclosed except for the purposes of criminal proceedings or of proceedings under the provisions of the Drugs Trafficking Offences Ordinance 1988.

Proceeds of drug trafficking

Concealing or transferring proceeds of drug trafficking.

14.—(1) A person is guilty of an offence if he—

(a)conceals or disguises any property which is, or in whole or in part directly or indirectly represents, his proceeds of drug trafficking; or

(b)converts or transfers that property or removes it from the jurisdiction,

for the purpose of avoiding prosecution for a drug trafficking offence or the making or enforcement in his case of a confiscation order.

(2) A person is guilty of an offence if, knowing or having reasonable grounds to suspect that any property is, or in whole in part directly or indirectly represents, another person’s proceeds of drug trafficking, he—

(a)conceals or disguises that property; or

(b)converts or transfers that property or removes it from the jurisdiction,

for the purpose of assistiang any person to avoid prosecution for a drug trafficking offence or the making or enforcement of a confiscation order.

(4) In subsections (1)(a) and (2)(a) above the references to concealing or disguising any property include references to concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it.

Interest on sums unpaid under confiscation orders.

15.—(1) If any sum required to be paid by a person under a confiscation order is not paid when it is required to be paid that person shall be liable to pay interest on that sum for the period for which it remains unpaid and the amounts of the interest shall for the purposes of enforcement be treated as part of the amount to be recovered from him under the confiscation order.

(2) The High Court may, on the application of the prosecutor, increase the term of imprisonment fixed in respect of the confiscation order under subsection (2) of section 9 of the Drugs Trafficking Offences Ordinance 1988 if the effect of subsection (1) above is to increase the maximum period applicable in relation to the order.

(3) The rate of interest under subsection (1) above shall be that for the time being applying to a civil judgement debt.

Increase in realisable property.

16.—(1) This section has effect where by virtue of section 8(3) of the Drugs Trafficking Offences Ordinance 1988 (insufficient realisable property) the amount which a person is ordered to pay by a confiscation order is less than the amount assessed to be the value of his proceeds of drug trafficking.

(2) If, on an application made either by a prosecutor or by a receiver appointed under the said Ordinance of 1988 for an increase in the amount to be recovered under the confiscation order, the High Court is satisfied that the amount that might be realised in the case of the person in question is greater than the amount taken into account in making the confiscation order (whether it was greater than was thought when the order was made or has subsequently increased) the court may—

(a)substitute for that amount such amount (not exceeding the amount assessed as the value referred to in subsection (1) above) as appears to the court to be appropriate having regard to the amount now shown to be realisable; and

(b)increase the term of imprisonment fixed in respect of the confiscation order under subsection (2) of section 9 of the Drugs Trafficking Offences Ordinance 1988 if the effect of the substitution is to increase the maximum period applicable in relation to the order.

Offences at sea

18.  Anything which would constitute a drug trafficking offence if done on land in Anguilla shall constitute that offence if done on an Anguillian ship.

Offences on Anguillian ships.

19.—(1) This section applies to an Anguillian ship, a ship registered in a state which is a party to the Vienna Convention (a “Convention state”) and a ship not registered in any country or territory.

Ships used for illicit traffic.

(2) A person is guilty of an offence if on a ship to which this section applies, wherever it may be, he—

(a)has a controlled drug in his possession; or

(b)is in any way knowingly concerned in the carrying or concealing of a controlled drug on the ship,

knowing or having reasonable grounds to suspect that the drug is intended to be imported or has been exported contrary to section 5 of the Drugs (Prevention of Misuse) Ordinance 1988 or the law of any state other than Anguilla.

(3) A certificate purporting to be issued by or on behalf of the government of any state to the effect that the importation or export of a controlled drug is prohibited by the law of that state shall be evidence of the matters stated.

(4) A person guilty of an offence under this section is liable—

(a)in a case where the controlled drug is a Class A drug—

(i)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding two thousand dollars or both;

(ii)on conviction on indictment, to imprisonment for life or a fine or both;

(b)in a case where the controlled drug is a Class B drug—

(i)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding two thousand dollars or both;

(ii)on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or both;

(c)in a case where the controlled drug is a Class C drug—

(i)on summary conviction, to imprisonment for a term not exceeding three months or a fine not exceeding two thousand dollars or both;

(ii)on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both.

(5) In this section “a controlled drug” and the references to controlled drugs of a specific Class have the same meaning as in the said Ordinance of 1988; and an offence under this section shall be included in the offences to which section 34 of that Ordinance (defences) applies.

Enforcement powers.

20.—(1) The powers conferred on an enforcement officer by Schedule C to this Act shall be exercisable in relation to any ship to which section 18 or 19 above applies for the purpose of detecting and the taking of appropriate action in respect of the offences mentioned in those sections.

(2) Those powers shall not be exercised outside the landward limits of the territorial sea of Anguilla in relation to a ship registered in a Convention state except with the authority of the Governor and he shall not give his authority unless that state has in relation to that ship—

(a)requested the assistance of Anguilla for the purpose mentioned in subsection (1) above; or

(b)authorised Anguilla to act for that purpose.

(3) In giving his authority pursuant to a request or authorisation from a Convention state the Governor shall impose such conditions or limitations on the exercise of the powers as may be necessary to give effect to any conditions or limitations imposed by that state.

(4) The Governor may, either of his own motion or in response to a request from a Convention state, authorise a Convention state to exercise, in relation to an Anguillian ship, powers corresponding to those conferred on enforcement officers by Schedule C to this Act but subject to such conditions or limitations, if any, as he may impose.

(5) Subsection (4) above is without prejudice to any agreement made, or which may be made, on behalf of Anguilla whereby Anguilla undertakes not to object to the exercise by any other state in relation to an Anguillian ship of powers corresponding to those conferred by that Schedule.

(6) The powers conferred by that Schedule shall not be exercised in the territorial sea of any state other than Anguilla.

Jurisdictions and prosecutions.

21.—(1) Proceedings under this Part of this Act or Schedule C in respect of an offence on a ship may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in Anguilla.

(2) No such proceedings shall be instituted in Anguilla except by or with the consent of the Attorney General.

(3) Without prejudice to subsection (2) above no proceedings for an offence under section 19 above alleged to have been committed outside the landward limits of the territorial sea of Anguilla on a ship registered in a Convention state shall be instituted except in pursuance of the exercise with the authority of the Governor of the powers conferred by Schedule C to this Act.

Supplementary

Interpretation of Part II.

24.—(1) In this Part of this Act—

“Anguillian ship” means a ship registered in Anguilla or a colony;

“Convention state” has the meaning given in section 19(1) above;

“scheduled substance” has the meaning given in section 12(4) above;

“ship” includes any vessel used in navigation;

“the Vienna Convention” means the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances which was signed in Vienna on 20th December 1988.

(2) Any expression used in this Part of this Act which is also used in the Drugs Trafficking Offences Ordinance 1988 has the same meaning as in that Ordinance.

(4) If in any proceedings under this Part of this Act any question arises whether any country or territory is a state or is a party to the Vienna Convention, a certificate issued by or under the authority of the Secretary of State shall be conclusive evidence on that question.