Criminal Justice (International Co-operation) Act 1990

1990 CHAPTER 5

An Act to enable the United Kingdom to co-operate with other countries in criminal proceedings and investigations; to enable the United Kingdom to join with other countries in implementing the Vienna Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; and to provide for the seizure, detention and forfeiture of drug trafficking money imported or exported in cash.

[5th April 1990]

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Extent Information

E1 Act: Certain provisions extend to Anguilla (14.7.1994) by S.I. 1994/1635, art. 2, Sch. 1

Commencement Information

I1 Act not in force at Royal Assent see s. 32(2); Act wholly in force at 1.7.1991.

Part I U.K. Criminal Proceedings and Investigations

Commencement Information

I2 Part I partly in force for certain purposes at 23.4.1991 and wholly in force at 10.6.1991 see s. 32(2) and S.I. 1991/1072, arts. 2(a), 3, Schedule Pt. I

Mutual service of process U.K.

1 Service of overseas process in United Kingdom. U.K.

(1) This section has effect where the Secretary of State receives from the government of, or other authority in, a country or territory outside the United Kingdom—

(a) a summons or other process requiring a person to appear as defendant or attend as a witness in criminal proceedings in that country or territory; or

(b) a document issued by a court exercising criminal jurisdiction in that country or territory and recording a decision of the court made in the exercise of that jurisdiction,

together with a request for it to be served on a person in the United Kingdom.

(2) The Secretary of State or, where the person to be served is in Scotland, the Lord Advocate may cause the process or document to be served by post or, if the request is for personal service, direct the chief officer of police for the area in which that person appears to be to cause it to be personally served on him.

(3) Service by virtue of this section of any such process as is mentioned in subsection (1)(a) above shall not impose any obligation under the law of any part of the United Kingdom to comply with it.

(4) Any such process served by virtue of this section shall be accompanied by a notice—

(a) stating the effect of subsection (3) above;

(b) indicating that the person on whom it is served may wish to seek advice as to the possible consequences of his failing to comply with the process under the law of the country or territory where it was issued; and

(c) indicating that under that law he may not, as a witness, be accorded the same rights and privileges as would be accorded to him in criminal proceedings in the United Kingdom.

(5) Where a chief officer of police is directed under this section to cause any process or document to be served he shall after it has been served forthwith inform the Secretary of State or, as the case may be, the Lord Advocate when and how it was served and (if possible) furnish him with a receipt signed by the person on whom it was served; and if the chief officer has been unable to cause the process or document to be served he shall forthwith inform the Secretary of State or, as the case may be, the Lord Advocate of that fact and of the reason.

(6) In the application of this section to Northern Ireland for references to a chief officer of police there shall be substituted references to the Chief Constable of the Royal Ulster Constabulary.

Modifications etc. (not altering text)

C1 Ss. 1-6, 8-10, 12-16, 18-21, 24-30, 32, Schs. 1-3 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art.2, Sch. 1

Commencement Information

I3 S. 1 wholly in force at 10.6.1991 see s. 32(2) and S.I. 1991/1072, art. 2 Schedule Pt. I

2 Service of United Kingdom process overseas. U.K.

(1) Process of the following descriptions, that is to say—

(a) a summons requiring a person charged with an offence to appear before a court in the United Kingdom; and

(b) a summons or order requiring a person to attend before a court in the United Kingdom for the purpose of giving evidence in criminal proceedings,

may be issued or made notwithstanding that the person in question is outside the United Kingdom and may be served outside the United Kingdom in accordance with arrangements made by the Secretary of State.

(2) In relation to Scotland subsection (1) above applies to any document which may competently be served on any accused person or on any person who may give evidence in criminal proceedings.

(3) Service of any process outside the United Kingdom by virtue of this section shall not impose any obligation under the law of any part of the United Kingdom to comply with it and accordingly failure to do so shall not constitute contempt of any court or be a ground for issuing a warrant to secure the attendance of the person in question or, in Scotland, for imposing any penalty.

(4) Subsection (3) above is without prejudice to the service of any process (with the usual consequences for non-compliance) on the person in question if subsequently effected in the United Kingdom.

Modifications etc. (not altering text)

C2 Ss. 1-6, 8-10, 12-16, 18-21, 24-30, 32, Schs. 1-3 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art.2, Sch. 1

Commencement Information

I4 S. 2 wholly in force at 10.6.1991 see s. 32(2) and S.I. 1991/1072, art. 2 Schedule Pt. I

Mutual provision of evidence U.K.

3 Overseas evidence for use in United Kingdom. U.K.

(1) Where on an application made in accordance with subsection (2) below it appears to a justice of the peace or a judge or, in Scotland, to a sheriff or a judge—

(a) that an offence has been committed or that there are reasonable grounds for suspecting that an offence has been committed; and

(b) that proceedings in respect of the offence have been instituted or that the offence is being investigated,

he may issue a letter (“a letter of request”) requesting assistance in obtaining outside the United Kingdom such evidence as is specified in the letter for use in the proceedings or investigation.

(2) An application under subsection (1) above may be made by a prosecuting authority or, if proceedings have been instituted, by the person charged in those proceedings.

(3) A prosecuting authority which is for the time being designated for the purposes of this section by an order made by the Secretary of State by statutory instrument may itself issue a letter of request if—

(a) it is satisfied as to the matters mentioned in subsection (1)(a) above; and

(b) the offence in question is being investigated or the authority has instituted proceedings in respect of it.

(4) Subject to subsection (5) below, a letter of request shall be sent to the Secretary of State for transmission either—

(a) to a court or tribunal specified in the letter and exercising jurisdiction in the place where the evidence is to be obtained; or

(b) to any authority recognised by the government of the country or territory in question as the appropriate authority for receiving requests for assistance of the kind to which this section applies.

(5) In cases of urgency a letter of request may be sent direct to such a court or tribunal as is mentioned in subsection (4)(a) above.

(6) In this section “evidence” includes documents and other articles.

(7) Evidence obtained by virtue of a letter of request shall not without the consent of such an authority as is mentioned in subsection (4)(b) above be used for any purpose other than that specified in the letter; and when any document or other article obtained pursuant to a letter of request is no longer required for that purpose (or for any other purpose for which such consent has been obtained), it shall be returned to such an authority unless that authority indicates that the document or article need not be returned.

(8) In exercising the discretion conferred by section 25 of the M1 Criminal Justice Act 1988 (exclusion of evidence otherwise admissible) in relation to a statement contained in evidence taken pursuant to a letter of request the court shall have regard—

(a) to whether it was possible to challenge the statement by questioning the person who made it; and

(b) if proceedings have been instituted, to whether the local law allowed the parties to the proceedings to be legally represented when the evidence was being taken.

(9) In Scotland evidence obtained by virtue of a letter of request shall, without being sworn to by witnesses, be received in evidence in so far as that can be done without unfairness to either party.

(10) In the application of this section to Northern Ireland for the reference in subsection (1) to a justice of the peace there shall be substituted a reference to a resident magistrate and for the reference in subsection (8) to section 25 of the M2 Criminal Justice Act 1988 there shall be substituted a reference to Article 5 of the Criminal Justice (Evidence, Etc.)(Northern Ireland) Order 1988.

Subordinate Legislation Made

P1 S. 3(3) power exercised by S.I.1991/1224

Modifications etc. (not altering text)

C3 Ss. 1-6, 8-10, 12-16, 18-21, 24-30, 32, Schs. 1-3 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art.2, Sch. 1

Commencement Information

I5 S. 3 wholly in force; s. 3(3) in force for certain purposes at 23.4.1991, s. 3 wholly in force at 10.6.1991, See s. 32(2) and S.I. 1991/1072, arts. 2(a), 3 Schedule Pt. I

Marginal Citations

M1 1988 c. 33.

M2 S.I. 1988/1847 (N.I.17).

4 United Kingdom evidence for use overseas. U.K.

(1) This section has effect where the Secretary of State receives—

(a) from a court or tribunal exercising criminal jurisdiction in a country or territory outside the United Kingdom or a prosecuting authority in such a country or territory; or

(b) from any other authority in such a country or territory which appears to him to have the function of making requests of the kind to which this section applies,

a request for assistance in obtaining evidence in the United Kingdom in connection with criminal proceedings that have been instituted, or a criminal investigation that is being carried on, in that country or territory.

(2) If the Secretary of State or, if the evidence is to be obtained in Scotland, the Lord Advocate is satisfied—

(a) that an offence under the law of the country or territory in question has been committed or that there are reasonable grounds for suspecting that such an offence has been committed; and

(b) that proceedings in respect of that offence have been instituted in that country or territory or that an investigation into that offence is being carried on there,

he may, if he thinks fit, by a notice in writing nominate a court in England, Wales or Northern Ireland or, as the case may be, Scotland to receive such of the evidence to which the request relates as may appear to the court to be appropriate for the purpose of giving effect to the request.

[F1 (2A) Except where the evidence is to be obtained as is mentioned in subsection (2B) below, if the Secretary of State is satisfied—

(a) that an offence under the law of the country or territory in question has been committed or that there are reasonable grounds for suspecting that such an offence has been committed; and

(b) that proceedings in respect of that offence have been instituted in that country or territory or that an investigation into that offence is being carried on there,

and it appears to him that the request relates to an offence involving serious or complex fraud, he may, if he thinks fit, refer the request or any part of the request to the Director of the Serious Fraud Office for him to obtain such of the evidence to which the request or part referred relates as may appear to the Director to be appropriate for giving effect to the request or part referred.

(2B) Where the evidence is to be obtained in Scotland, if the Lord Advocate is satisfied as to the matters mentioned in paragraphs (a) and (b) of subsection (2A) above and it appears to him that the request relates to an offence involving serious or complex fraud, he may, if he thinks fit, give a direction under section 51 of the M3 Criminal Justice (Scotland) Act 1987.]

(3) Where it appears to the Secretary of State or, as the case may be, the Lord Advocate that the request relates to a fiscal offence in respect of which proceedings have not yet been instituted he shall not exercise his powers under subsection (2) [F2 (2A) or (2B)]above unless—

(a) the request is from a country or territory which is a member of the Commonwealth or is made pursuant to a treaty to which the United Kingdom is a party; or

(b) he is satisfied that the conduct constituting the offence would constitute an offence of the same or a similar nature if it had occurred in the United Kingdom.

(4) For the purpose of satisfying himself as to the matters mentioned in subsection (2)(a) and (b) [F3 or (2A)(a) and (b)]above the Secretary of State or, as the case may be, the Lord Advocate shall regard as conclusive a certificate issued by such authority in the country or territory in question as appears to him to be appropriate.

(5) In this section “evidence” includes documents and other articles.

(6) Schedule 1 to this Act shall have effect with respect to the proceedings before a nominated court in pursuance of a notice under subsection (2) above.

Textual Amendments

F1 S. 4(2A)(2B) inserted (3.2.1995) by 1994 c. 33, s. 164(1)(a); S.I. 1995/127, art. 2(1), Sch. 1

F2 Words in s. 4(3) inserted (3.2.1995) by 1994 c. 33, s. 164(1)(b); S.I. 1995/127, art. 2(1), Sch. 1

F3 Words in s. 4(4) inserted (3.2.1995) by 1994 c. 33, s. 164(1)(c); S.I. 1995/127, art. 2(1), Sch.1

Modifications etc. (not altering text)

C4 S. 4 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art. 2, Sch. 1

C5 S. 4(2B) extended (1.4.1996) by 1995 c. 39, ss. 27(2), 53(2).

Commencement Information

I6 S. 4 wholly in force at 10.6.1991 see s. 32(2) and S.I. 1991/1072, art. 2 Schedule Pt. I

Marginal Citations

M3 1987 c. 41.

5 Transfer of United Kingdom prisoner to give evidence or assist investigation overseas. U.K.

(1) The Secretary of State may, if he thinks fit, issue a warrant providing for any person (“a prisoner”) serving a sentence in a prison or other institution to which the M4 Prison Act 1952 or the M5 Prisons (Scotland) Act 1989 applies to be transferred to a country or territory outside the United Kingdom for the purpose—

(a) of giving evidence in criminal proceedings there; or

(b) of being identified in, or otherwise by his presence assisting, such proceedings or the investigation of an offence.

(2) No warrant shall be issued under this section in respect of any prisoner unless he has consented to being transferred as mentioned in subsection (1) above and that consent may be given either—

(a) by the prisoner himself; or

(b) in circumstances in which it appears to the Secretary of State inappropriate, by reason of the prisoner’s physical or mental condition or his youth, for him to act for himself, by a person appearing to the Secretary of State to be an appropriate person to act on his behalf;

but a consent once given shall not be capable of being withdrawn after the issue of the warrant.

(3) The effect of a warrant under this section shall be to authorise—

(a) the taking of the prisoner to a place in the United Kingdom and his delivery at a place of departure from the United Kingdom into the custody of a person representing the appropriate authority of the country or territory to which the prisoner is to be transferred; and

(b) the bringing of the prisoner back to the United Kingdom and his transfer in custody to the place where he is liable to be detained under the sentence to which he is subject.

(4) Where a warrant has been issued in respect of a prisoner under this section he shall be deemed to be in legal custody at any time when, being in the United Kingdom or on board a British ship, British aircraft or British hovercraft, he is being taken under the warrant to or from any place or being kept in custody under the warrant.

(5) A person authorised by or for the purposes of the warrant to take the prisoner to or from any place or to keep him in custody shall have all the powers, authority, protection and privileges—

(a) of a constable in the part of the United Kingdom in which that person is for the time being; or

(b) if he is outside the United Kingdom, of a constable in the part of the United Kingdom to or from which the prisoner is to be taken under the warrant.

(6) If the prisoner escapes or is unlawfully at large, he may be arrested without warrant by a constable and taken to any place to which he may be taken under the warrant issued under this section.

(7) In subsection (4) above—

• “British aircraft” means a British-controlled aircraft within the meaning of section 92 of the M6 Civil Aviation Act 1982 (application of criminal law to aircraft) or one of Her Majesty’s aircraft;

• “British hovercraft” means a British-controlled hovercraft within the meaning of that section as applied in relation to hovercraft by virtue of provisions made under the M7 Hovercraft Act 1968 or one of Her Majesty’s hovercraft;

• “British ship” means a British ship for the purposes of the [F4 Merchant Shipping Act 1995]or one of Her Majesty’s ships;

and in this subsection references to Her Majesty’s aircraft, hovercraft or ships are references to aircraft, hovercraft or, as the case may be, ships belonging to or exclusively employed in the service of Her Majesty in right of the Government of the United Kingdom.

(8) In subsection (6) above “constable”, in relation to any part of the United Kingdom, means any person who is a constable in that or any other part of the United Kingdom or any person who, at the place in question has, under any enactment including subsection (5) above, the powers of a constable in that or any other part of the United Kingdom.

(9) This section applies to a person in custody awaiting trial or sentence and a person committed to prison for default in paying a fine as it applies to a prisoner and the reference in subsection (3)(b) above to a sentence shall be construed accordingly.

(10) In the application of this section to Northern Ireland for the reference in subsection (1) to the Prison Act 1952 there shall be substituted a reference to the M8 Prison Act (Northern Ireland) 1953.

Textual Amendments

F4 Words in s. 5(7) substituted (1.1.1996) by 1995 c. 21 ss. 314(2), 316(2), Sch. 13 para.87 (with s. 312(1))

Modifications etc. (not altering text)

C6 S. 5 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art. 2, Sch. 1

Commencement Information

I7 S. 5 wholly in force at 10.6.1991 see s. 32(2) and S.I. 1991/1072, art. 2 Schedule Pt. I

Marginal Citations

M4 1952 c. 52.

M5 1989 c. 45.

M6 1982 c. 16.

M7 1968 c. 59.

M8 1953 c. 18 (N.I.).

6 Transfer of overseas prisoner to give evidence or assist investigation in the United Kingdom. U.K.

(1) This section has effect where—

(a) a witness order has been made or a witness summons or citation issued in criminal proceedings in the United Kingdom in respect of a person (“a prisoner”) who is detained in custody in a country or territory outside the United Kingdom by virtue of a sentence or order of a court or tribunal exercising criminal jurisdiction in that country or territory; or

(b) it appears to the Secretary of State that it is desirable for a prisoner to be identified in, or otherwise by his presence to assist, such proceedings or the investigation in the United Kingdom of an offence.

(2) If the Secretary of State is satisfied that the appropriate authority in the country or territory where the prisoner is detained will make arrangements for him to come to the United Kingdom to give evidence pursuant to the witness order, witness summons or citation or, as the case may be, for the purpose mentioned in subsection (1)(b) above, he may issue a warrant under this section.

(3) No warrant shall be issued under this section in respect of any prisoner unless he has consented to being brought to the United Kingdom to give evidence as aforesaid or, as the case may be, for the purpose mentioned in subsection (1)(b) above but a consent once given shall not be capable of being withdrawn after the issue of the warrant.

(4) The effect of the warrant shall be to authorise—

(a) the bringing of the prisoner to the United Kingdom;

(b) the taking of the prisoner to, and his detention in custody at, such place or places in the United Kingdom as are specified in the warrant; and

(c) the returning of the prisoner to the country or territory from which he has come.

(5) Subsections (4) to (8) of section 5 above shall have effect in relation to a warrant issued under this section as they have effect in relation to a warrant issued under that section.

(6) A person shall not be subject to the M9 Immigration Act 1971 in respect of his entry into or presence in the United Kingdom in pursuance of a warrant under this section but if the warrant ceases to have effect while he is still in the United Kingdom—

(a) he shall be treated for the purposes of that Act as if he has then illegally entered the United Kingdom; and

(b) the provisions of Schedule 2 to that Act shall have effect accordingly except that paragraph 20(1) (liability of carrier for expenses of custody etc. of illegal entrant) shall not have effect in relation to directions for his removal given by virtue of this subsection.

(7) This section applies to a person detained in custody in a country or territory outside the United Kingdom in consequence of having been transferred there—

(a) from the United Kingdom under the M10 Repatriation of Prisoners Act 1984; or

(b) under any similar provision or arrangement from any other country or territory,

as it applies to a person detained as mentioned in subsection (1) above.

Modifications etc. (not altering text)

C7 Ss. 1-6, 8-10, 12-16, 18-21, 24-30, 32, Schs. 1-3 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art. 2, Sch. 1

Commencement Information

I8 S. 6 wholly in force at 10.6.1991 see s. 32(2) and S.I. 1991/1072, art. 2 Schedule Pt. I

Marginal Citations

M9 1971 c. 77.

M10 1984 c. 47.

Additional co-operation powers U.K.

7 Search etc. for material relevant to overseas investigation. U.K.

(1) Part II of the M11 Police and Criminal Evidence Act 1984 (powers of entry, search and seizure) shall have effect as if references to serious arrestable offences in section 8 of and Schedule 1 to that Act included any conduct which is an offence under the law of a country or territory outside the United Kingdom and would constitute a serious arrestable offence if it had occurred in any part of the United Kingdom.

(2) If, on an application made by a constable, a justice of the peace is satisfied—

(a) that criminal proceedings have been instituted against a person in a country or territory outside the United Kingdom or that a person has been arrested in the course of a criminal investigation carried on there;

(b) that the conduct constituting the offence which is the subject of the proceedings or investigation would constitute an arrestable offence within the meaning of the said Act of 1984 if it had occurred in any part of the United Kingdom; and

(c) that there are reasonable grounds for suspecting that there is on premises in the United Kingdom occupied or controlled by that person evidence relating to the offence other than items subject to legal privilege within the meaning of that Act,

he may issue a warrant authorising a constable to enter and search those premises and to seize any such evidence found there.

(3) The power to search conferred by subsection (2) above is only a power to search to the extent that is reasonably required for the purpose of discovering such evidence as is there mentioned.

(4) No application for a warrant or order shall be made by virtue of subsection (1) or (2) above except in pursuance of a direction given by the Secretary of State in response to a request received—

(a) from a court or tribunal exercising criminal jurisdiction in the overseas country or territory in question or a prosecuting authority in that country or territory; or

(b) from any other authority in that country or territory which appears to him to have the function of making requests for the purposes of this section;

and any evidence seized by a constable by virtue of this section shall be furnished by him to the Secretary of State for transmission to that court, tribunal or authority.

(5) If in order to comply with the request it is necessary for any such evidence to be accompanied by any certificate, affidavit or other verifying document the constable shall also furnish for transmission such document of that nature as may be specified in the direction given by the Secretary of State.

(6) Where the evidence consists of a document the original or a copy shall be transmitted, and where it consists of any other article the article itself or a description, photograph or other representation of it shall be transmitted, as may be necessary in order to comply with the request.

(7) The Treasury may by order direct that any powers which by virtue of this section are exercisable by a constable shall also be exercisable by, or by any person acting under the direction of, an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the M12 Customs and Excise Management Act 1979; and the Secretary of State may by order direct that any of those powers shall also be exercisable by a person of any other description specified in the order.

(8) An order under subsection (7) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(9) In the application of this section to Northern Ireland for references to the Police and Criminal Evidence Act 1984, to Part II and section 8 of and to Schedule 1 to that Act there shall be substituted references to the M13 Police and Criminal Evidence (Northern Ireland) Order 1989, to Part III and Article 10 of and to Schedule 1 to that Order.

Subordinate Legislation Made

P2 S. 7(7): s. 7(7) (with s. 8(5)) power exercised by S.I.1991/1297

Modifications etc. (not altering text)

C8 S. 7(2) extended (prosp.) by 2001 c. 16, ss. 50, 52-54, 68, 138(2), Sch. 1 Pt. 1 para. 49

Commencement Information

I9 S. 7 wholly in force; s. 7(7) in force for certain purposes at 23.4.1991, s. 7 wholly in force at 10.6.1991. See s. 32(2) and S.I. 1991/1072, arts. 2(a), 3, Schedule Pt. I

Marginal Citations

M11 1984 c. 60.

M12 1979 c. 2.

M13 S.I. 1989/484 (N.I. 12).

8 Search etc. for material relevant to overseas investigation: Scotland. U.K.

(1) If, on an application made by the procurator fiscal, it appears to the sheriff—

(a) that there are reasonable grounds for believing that an offence under the law of a country or territory outside the United Kingdom has been committed; and

(b) that the conduct constituting that offence would constitute an offence punishable by imprisonment if it had occurred in Scotland,

the sheriff shall have the like power to grant warrant authorising entry, search and seizure by any constable as he would have at common law in respect of any offence punishable at common law in Scotland.

(2) No application for a warrant shall be made by virtue of subsection (1) above except in pursuance of a direction given by the Lord Advocate in response to a request received by the Secretary of State—

(a) from a court or tribunal exercising criminal jurisdiction in the overseas country or territory in question or a prosecuting authority in that country or territory; or

(b) from any other authority in that country or territory which appears to him to have the function of making requests for the purpose of this section,

and any evidence seized by the constable by virtue of this section shall be furnished by him to the Lord Advocate for transmission to that court, tribunal or authority.

(3) If in order to comply with the request it is necessary for any such evidence to be accompanied by any certificate, affidavit or other verifying document the constable shall also furnish for transmission such document of that nature as may be specified in the direction given by the Lord Advocate.

(4) Where the evidence consists of a document the original or a copy shall be transmitted, and where it consists of any other article the article itself or a description, photograph or other representation of it shall be transmitted, as may be necessary in order to comply with the request.

(5) The Treasury may by order direct that any powers to enter, search or seize granted by virtue of subsection (1) above which may be exercised by a constable shall also be exercisable by, or by any person acting under the direction of, an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the M14 Customs and Excise Management Act 1979; and the Secretary of State may by order direct that any of those powers shall also be exercisable by a person of any other description specified in the order.

(6) An order under subsection (5) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Subordinate Legislation Made

P3 S. 8(5): s. 7(7) (with s. 8(5) power exercised by S.I.1991/1297

Modifications etc. (not altering text)

C9 Ss. 1-6, 8-10, 12-16, 18-21, 24-30, 32, Schs. 1-3 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art.2, Sch. 1

C10 S. 8(1) extended (prosp.) by 2001 c. 16, ss. 50, 52-54, 68, 138(2), Sch. 1 Pt. 1 para. 49

Commencement Information

I10 S. 8 wholly in force; s. 8(5) in force for certain purposes at 23.4.1991, s. 8 wholly in force at 10.6.1991. See s. 32(2) and S.I. 1991/1072, arts. 2(a), 3, Schedule Pt. I

Marginal Citations

M14 1979 c. 2.

9 Enforcement of overseas forfeiture orders. U.K.

(1) Her Majesty may by Order in Council provide for the enforcement in the United Kingdom of any order which—

(a) is made by a court in a country or territory outside the United Kingdom designated for the purposes of this section by the Order in Council; and

(b) is for the forfeiture and destruction, or the forfeiture and other disposal, of anything in respect of which an offence to which this section applies has been committed or which was used [F5 or intended for use] in connection with the commission of such an offence.

[F6 (1A) Without prejudice to the generality of subsection (1) above the provision that may be made by virtue of that subsection includes provision which, for the purpose of facilitating the enforcement of any order that may be made, has effect at times before there is an order to be enforced.]

(2) Without prejudice to the generality of subsection (1) above an Order in Council under this section may provide for the registration by a court in the United Kingdom of any order as a condition of its enforcement and prescribe requirements to be satisfied before an order can be registered.

(3) An Order in Council under this section may include such supplementary and incidental provisions as appear to Her Majesty to be necessary or expedient and may apply for the purposes of the Order (with such modifications as appear to Her Majesty to be appropriate) any provisions relating to confiscation or forfeiture orders under any other enactment.

(4) An Order in Council under this section may make different provision for different cases.

[F7 (5) An Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

(6) This section applies to any offence which corresponds to or is similar to an offence under the M15 Misuse of Drugs Act 1971, a drug trafficking offence as defined in [F8 section 1(3) of the Drug Trafficking Act 1994], an offence to which section 1 of the M16 Criminal Justice (Scotland) Act 1987 relates [F9 an offence to which Part VI of the Criminal Justice Act 1988 applies, an offence to which Chapter I of Part II of the Criminal Justice (Scotland) Act 1995 applies or an offence in respect of which a suspended forfeiture order may be made under section 87 of the said Act of 1995.].

Textual Amendments

F5 Words in s. 9(1)(b) inserted (1.12.1993) by 1993 c. 36, s. 21(1) (with s. 78(6)); S.I. 1993/2734, art. 2, Sch.

F6 S. 9(1A) inserted (retrospectively) by 1995 c. 11, ss. 14(3), 16(4)

F7 S. 9(5) substituted (1.12.1993) by 1993 c. 36, s. 21(2)(3)(h) (with s. 78(6)); S.I. 1993/2734, art. 2, Sch.

F8 Words in s. 9(6) substituted (3.2.1995) by 1994 c. 37, ss. 65(1), 69(2), Sch. 1 para. 25

F9 Words in s. 9(6) substituted (31.3.1996) by 1995 c. 20, s. 117(1), Sch. 6 para.190(1); S.I. 1996/517, art.3(2).

Modifications etc. (not altering text)

C11 Ss. 1-6, 8-10, 12-16, 18-21, 24-30, 32, Schs. 1-3 extended with modifications (to Anguilla) (14.7.1994) by S.I. 1994/1635, art. 2, Sch. 1

Commencement Information

I11 S. 9 wholly in force; s. 9 in force for certain purposes at 23.4.1991, s. 9 wholly in force at 10.6.1991. See s. 32(2) and S.I. 1991/1072, arts. 2(a), 3, Schedule Pt. I

Marginal Citations

M15 1971 c. 38.

M16 1987 c. 41.

Supplementary U.K.

10 Rules of court. U.K.

(1) Provision may be made by rules of court for any purpose for which it appears to the authority having power to make the rules that it is necessary or expedient that provision should be made in connection with any of the provisions of this Part of this Act.

(2) Rules made for the purposes of Schedule 1 to this Act may, in particular, make provision with respect to the persons entitled to appear or take part in the proceedings to which that Schedule applies and for excluding the public from any such proceedings.

(3) An Order in Council under section 9 above may authorise the making of rules of court for any purpose specified in the Order.

(4) Rules of court made under this section by the High Court in Scotland shall be made by Act of Adjournal.

(5) This section is without prejudice to the generality of any existing power to make rules.

Subordinate Legislation Made

P4 S. 10: S. 10 power exercised by S.I.1991/1074

S. 10: S. 10 power exercised by S.I. 1991/1288

Modifications etc. (not altering text)

C12 Ss. 1-6, 8-10, 12-16, 18-21, 24-30, 32, Schs. 1-3 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art. 2, Sch. 1

Commencement Information

I12 S. 10 wholly in force; s. 10 in force for certain purposes at 23.3.1991, s. 10 wholly in force at 10.6.1991. See s. 32(2) and S.I. 1991/1072, arts. 2(a), 3, Schedule I.

11 Application to courts-martial etc. U.K.

(1) Section 2 above applies also to a summons requiring a person charged with a civil offence to appear before a service court (whether or not in the United Kingdom) or to attend before such a court for the purpose of giving evidence in proceedings for such an offence; and a warrant may be issued under section 6 above where—

(a) such a summons has been issued in respect of a prisoner within the meaning of that section; or

(b) it appears to the Secretary of State that it is desirable for such a prisoner to be identified in, or otherwise by his presence to assist, such proceedings or the investigation of such an offence.

(2) Section 5 above applies also to a person serving a sentence of detention imposed by a service court or detained in custody awaiting trial by such a court.

(3) In this section “a civil offence” has the same meaning as in the M17 Army Act M18 1955, the Air Force Act 1955 and the M19 Naval Discipline Act 1957 and “service court” means a court-martial constituted under any of those Acts or a Standing Civilian Court.

Commencement Information

I13 S. 11 wholly in force at 10.6.1991 see s. 32(2) and S.I. 1991/1072, art. 2 Schedule Pt. I

Marginal Citations

M17 1955 c. 18.

M18 1955 c. 19.

M19 1957 c. 53.

Part II U.K. The Vienna Convention

Commencement Information

I14 Part II partly in force for certain purposes at 23.4.1991 and wholly in force at 1.7.1991. See s. 32(2) and S.I. 1991/1072, arts. 2(b), 3, Schedule Pt. II

Substances useful for manufacture of controlled drugs U.K.

12 Manufacture and supply of scheduled substances. U.K.

(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 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 M20 Misuse of Drugs Act 1971 and “unlawful production of a controlled drug” means the production of such a drug which is unlawful by virtue of section 4(1)(a) of that Act.

(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 2 to this Act.

(5) Her Majesty may by Order in Council amend that Schedule (whether by addition, deletion or transfer from one Table to the other) but—

(a) no such Order shall add any substance to the Schedule unless—

(i) it appears to Her Majesty 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; and

(b) no such Order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Modifications etc. (not altering text)

C13 Ss. 1-6, 8-10, 12-16, 18-21, 24-30, 32, Schs. 1-3 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art.2, Sch. 1

Commencement Information

I15 S. 12 wholly in force; s. 12(5) in force for certain purposes at 23.4.1991, s. 12 wholly in force 1.7.1991. See s. 32(2) and S.I. 1991/1072, arts. 2(b), 3, Schedule Pt. II

Marginal Citations

M20 1971 c. 38.

13 Regulations about scheduled substances. U.K.

(1) The Secretary of State 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 I in Schedule 2 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;

and for the purposes of section 68 of the M21 Customs and Excise Management Act 1979 (offences relating to exportation of prohibited or restricted goods) any such substance shall be deemed to be exported contrary to a restriction for the time being in force with respect to it under this Act if it is exported without the requisite notification having been given.

(3) Regulations under this section may make different provision in relation to the substances specified in Table I and Table II in Schedule 2 to this Act respectively and in relation to different cases or circumstances.

(4) The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(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 the statutory maximum 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 [F10 Drug Trafficking Act 1994]or the M22 Criminal Justice (Scotland) Act 1987 relating to the confiscation of the proceeds of drug trafficking or corresponding provisions in force in Northern Ireland.

Subordinate Legislation Made

P5 S. 13: S. 13 power exercised by S.I. 1991/1285

Textual Amendments

F10 Words in s. 13(6) substituted (3.2.1995) by 1994 c. 37, ss. 65(1), 69(2), Sch. 1 para.26.

Modifications etc. (not altering text)

C14 Ss. 1-6, 8-10, 12-16, 18-21, 24-30, 32, Schs. 1-3 extended with modifications (to Anguilla) (14.7.1994) by S.I. 1994/1635, art. 2, Sch. 1

C15 S. 13(2) applied (with modifications) by S.I. 1991/1285, reg. 3(b).

C16 S. 13(5)(a) modified by S.I. 1991/1285, reg. 6(d)

S. 13(5)(a) modified (6.10.1993) by S.I. 1993/2166, reg. 7.

Commencement Information

I16 S. 13 wholly in force; s. 13 in force for certain purposes at 23.4.1991 and wholly in force at 1.7.1991. See s. 32(2) and S.I. 1991/1702, arts. 2(b),, 3, Schedule Pt.II

Marginal Citations

M21 1979 c. 2.

M22 1987 c. 41.

Proceeds of drug trafficking U.K.

14 [F11 Concealing or transferring proceeds of drug trafficking. S+N.I.

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

F12 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F12 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a) on 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.]

Textual Amendments

F11 S. 14 repealed (E.W.) (3.2.1995) by 1994 c. 37, s. 67(1), Sch. 3 and repealed (N.I.) (25.8.1996) by S.I. 1996/1299 (N.I. 9), art. 57(3), Sch. 5.

F12 S. 14(3)(5) repealed (15.2.1994) by 1993 c. 36, ss. 78(3), 79(4), Sch. 6 Pt. I; S.I. 1994/71, art. 2, Sch. Appendix.

Modifications etc. (not altering text)

C17 Ss. 1-6, 8-10, 12-16, 18-21, 24-30, 32, Schs. 1-3 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art. 2, Sch. 1

C18 S. 14(2) extended (1.8.1994) by S.I. 1994/1756, reg. 3

Commencement Information

I17 S. 14 wholly in force at 1.7.1991 see s. 32(2) and S.I. 1991/1702, art. 2(b), Schedule Pt. II

15 Interest on sums unpaid under confiscation orders. U.K.

(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 (whether forthwith on the making of the order or at a time specified F13 . . . under section 396(1) of the M23 Criminal Procedure (Scotland) Act 1975) that person shall be liable to pay interest on that sum for the period for which it remains unpaid and the amount 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.

[F14 (2) The sheriff may, on the application of the prosecutor, increase the term of imprisonment or detention fixed in respect of the confiscation order under section 396(2) of the said Act of 1975 (imprisonment in default of payment) if the effect of subsection (1) above is to increase the maximum period applicable in relation to the order under section 407(1A) of the said Act of 1975.]

(3) The rate of interest under subsection (1) above F15 . . . shall be the rate [F16 payable under a decree of] the Court of Session.

Textual Amendments

F13 Words in s. 15(1) repealed (3.2.1995) by 1994 c. 37, ss. 66(1), 67(1), 69(2), Sch. 1 para. 27(2), Sch. 3

F14 S. 15(2) substituted (3.2.1995) by 1994 c. 37, ss. 65(1), 69(2), Sch. 1 para. 27(3)

F15 Words in s. 15(3) repealed (3.2.1995) by 1994 c. 37, ss. 65(1), 67(1), 69(2), Sch. 1 para. 27(4), Sch. 3

F16 Words in s. 15(3) substituted (31.3.1996) by 1995 c. 20, s. 117(1), Sch. 6 Pt. II para. 190(2); S.I. 1996/517, art. 3(2).

Modifications etc. (not altering text)

C19 S. 15 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art. 2, Sch. 1.

Commencement Information

I18 S. 15 wholly in force at 1.7.1991 see s. 32(2) and S.I. 1991/1072, art. 2(b), Schedule Pt. II

Marginal Citations

M23 1975 c. 21.

F17 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F17 S. 16 repealed (3.2.1995) by 1994 c. 37, ss. 67(1), 69(2), Sch.3.

F18 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F18 S. 17 repealed (31.3.1996) by 1995 c. 20, s. 117, Sch. 6 Pt. II para. 190(3), Sch. 7 Pt. II; S.I. 1996/517, art. 3(2)

Offences at sea U.K.

18 Offences on British ships. U.K.

Anything which would constitute a drug trafficking offence if done on land in any part of the United Kingdom shall constitute that offence if done on a British ship.

Modifications etc. (not altering text)

C20 Ss. 1-6, 8-10, 12-16, 18-21, 24-30, 32, Schs. 1-3 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art. 2, Sch. 1

Commencement Information

I19 S. 18 wholly in force at 1.7.1991 see s. 32(2) and S.I. 1991/1072, art. 2(b), Schedule Pt. II

19 Ships used for illicit traffic. U.K.

(1) This section applies to a British ship, a ship registered in a state other than the United Kingdom which is a party to the Vienna Convention (a “Convention state”) and a ship not registered in any country or territory.

(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 3(1) of the M24 Misuse of Drugs Act 1971 or the law of any state other than the United Kingdom.

(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, and in Scotland sufficient 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 the statutory maximum 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 the statutory maximum 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 the statutory maximum 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 specified Class have the same meaning as in the said Act of 1971; and an offence under this section shall be included in the offences to which section 28 of that Act (defences) applies.

Modifications etc. (not altering text)

C21 Ss. 1-6, 8-10, 12-16, 18-21, 24-30, 32, Schs. 1-3 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art.2, Sch. 1

Commencement Information

I20 S. 19 wholly in force at 1.7.1991 see s. 32(2) and S.I. 1991/1072, art. 2(b), Schedule Pt. II

Marginal Citations

M24 1971 c. 38.

20 Enforcement powers. U.K.

(1) The powers conferred on an enforcement officer by Schedule 3 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.

F19 (2) Those powers shall not be exercised outside the landward limits of the territorial sea of the United Kingdom in relation to a ship registered in a Convention state except with the authority of the [F19 Commissioners of Customs and Excise]; and [F19 they] shall not give [F19 their] authority unless that state has in relation to that ship—

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

(b) authorised the United Kingdom to act for that purpose.

(3) In giving [F19 their] authority pursuant to a request or authorisation from a Convention state the [F19 Commissioners of Customs and Excise] 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 [F19 Commissioners of Customs and Excise] may, either of [F19 their] own motion or in response to a request from a Convention state, authorise a Convention state to exercise, in relation to a British ship, powers corresponding to those conferred on enforcement officers by Schedule 3 to this Act but subject to such conditions or limitations, if any, as [F19 they] may impose.

(5) Subsection (4) above is without prejudice to any agreement made, or which may be made, on behalf of the United Kingdom whereby the United Kingdom undertakes not to object to the exercise by any other state in relation to a British 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 the United Kingdom without the authority of the [F19 Commissioners of Customs and Excise] and [F19 they] shall not give [F19 their] authority unless that state has consented to the exercise of those powers.

Textual Amendments

F19 Words in s. 20 substituted (1.12.1993) by 1993 c. 36, s. 23(2)(a) (with s. 78(6)); S.I. 1993/2734, art. 2,Sch.

Modifications etc. (not altering text)

C22 S. 20: transfer of functions (1.12.1993) by 1993 c. 36, s. 23(1) (with s. 78(6)); S.I. 1993/2734, art. 2,Sch.

C23 Ss. 1-6, 8-10, 12-16, 18-21, 24-30, 32, Schs. 1-3 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art.2, Sch. 1

Commencement Information

I21 S. 20 wholly in force at 1.7.1991 see s. 32(2) and S.I. 1991/1072, art. 2(b), Schedule Pt. II

21 Jurisdiction and prosecutions. U.K.

(1) Proceedings under this Part of this Act or Schedule 3 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 the United Kingdom.

(2) No such proceedings shall be instituted—

(a) in England or Wales except by or with the consent of the Director of Public Prosecutions or the Commissioners of Customs and Excise;

(b) in Northern Ireland except by or with the consent of the Director of Public Prosecutions for Northern Ireland or those Commissioners.

(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 the United Kingdom on a ship registered in a Convention state shall be instituted except in pursuance of the exercise with the authority of the [F20 Commissioners of Customs and Excise] of the powers conferred by Schedule 3 to this Act; and section 3 of the M25 Territorial Waters Jurisdiction Act 1878 (consent of Secretary of State for certain prosecutions) shall not apply to those proceedings.

Textual Amendments

F20 Words in s. 21(3) substituted (1.12.1993) by 1993 c. 36, s. 23(2)(b) (with s. 78(6)); S.I. 1993/2734, art. 2,Sch.

Modifications etc. (not altering text)

C24 S. 21 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art. 2, Sch. 1.

Commencement Information

I22 S. 21 wholly in force at 1.7.1991 see s. 32(2) and S.I. 1991/1072, art. 2(b), Schedule Pt. II

Marginal Citations

M25 1878 c. 73.

Supplementary U.K.

22 Extradition. U.K.

(1) The offences to which an Order in Council under section 2 of the M26 Extradition Act 1870 can apply shall include drug trafficking offences.

(2) In paragraph 15 of Schedule 1 to the M27 Extradition Act 1989 (extradition offences treated as within jurisdiction of foreign states) after paragraph (i) there shall be inserted—

“(j) a drug trafficking offence within the meaning of the Drug Trafficking Offences Act 1986; or

(k) an offence to which section 1 of the Criminal Justice (Scotland) Act 1987 relates;”.

(3) At the end of subsection (2) of section 22 of the said Act of 1989 (extradition offences under Conventions) there shall be inserted—

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

and at the end of subsection (4) of that section there shall be inserted “and

(h) in relation to the Vienna Convention—

(i) any drug trafficking offence within the meaning of the Drug Trafficking Offences Act 1986; and

(ii) an offence to which section 1 of the Criminal Justice (Scotland) Act 1987 relates;”.

Commencement Information

I23 S. 22 wholly in force at 1.7.1991 see s. 32(2) and S.I. 1991/1072, art. 2(b), Schedule Pt. II

Marginal Citations

M26 1870 c. 52.

M27 1989 c. 33.

23 Application of ancillary provisions of Misuse of Drugs Act 1971. U.K.

(1) The M28 Misuse of Drugs Act 1971 shall be amended as follows.

(2) In section 12(1) (prohibition direction on practitioner etc. in consequence of conviction) after paragraph (b) there shall be inserted—

“(c) of an offence under section 12 or 13 of the Criminal Justice (International Co-operation) Act 1990;”.

(3) In section 21 (offences by bodies corporate) after the words “any offence under this Act” there shall be inserted the words “ or Part II of the Criminal Justice (International Co-operation) Act 1990 ”.

(4) In section 23 (power to search and obtain evidence) after subsection (3) there shall be inserted—

“(3A) The powers conferred by subsection (1) above shall be exercisable also for the purposes of the execution of Part II of the Criminal Justice (International Co-operation) Act 1990 and subsection (3) above (excluding paragraph (a)) shall apply also to offences under section 12 or 13 of that Act, taking references in those provisions to controlled drugs as references to scheduled substances within the meaning of that Part.”

Commencement Information

I24 S. 23 wholly in force at 1.7.1991 see s. 32(2) and S.I. 1991/1072, art. 2(b), Schedule Pt. II

Marginal Citations

M28 1971 c. 38.

[F21 23A F22 Extension of certain offences to Crown servants and exemptions for regulators etc. S+N.I.

(1) The Secretary of State may by regulations provide that, in such circumstances as may be prescribed, section 14(2) above shall apply to such persons in the public service of the Crown, or such categories of person in that service, as may be prescribed.

(5) In this section—

• “the Crown” includes the Crown in right of Her Majesty’s Government in Northern Ireland; and

• “prescribed” means prescribed by regulations made by the Secretary of State.

(6) The power to make regulations under this section shall be exercisable by statutory instrument.

(7) Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F21 S. 23A inserted (1.4.1994) by virtue of 1993 c. 36, s. 77, Sch. 4 paras. 1, 5; S.I. 1994/700, arts. 2, 3(1), Sch. (s. 23A being the same section as inserted in 1986 c. 32 as s. 36B but with the substitution of certain words in subsection (1) and the omission of subsections (2) to (4)).

F22 S. 23A repealed (E.W.) (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch.3

24 Interpretation of Part II. U.K.

(1) In this Part of this Act—

• “British ship” means a ship registered in the United Kingdom 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 territorial sea of the United Kingdom” includes the territorial sea adjacent to any of the Channel Islands, the Isle of Man or any colony;

• “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 [F23 Drug Trafficking Act 1994] has the same meaning as in that Act [F24 and, in section 22(1), “drug trafficking offences” includes drug trafficking offences within the meaning of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990].

(3) In relation to Scotland, any expression used in this Part of this Act which is also used in the M29 Criminal Justice (Scotland) Act 1987 has the same meaning as in that Act and “drug trafficking offence” means an offence to which section 1 of that Act relates.

(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.

Textual Amendments

F23 Words in s. 24(2) substituted (3.2.1995) by 1994 c. 37, ss. 65, 69(2), Sch. 1 para.28.

F24 Words inserted (N.I.) (1.7.1991) by S.I. 1990/2588, (N.I. 17), art. 38(1), Sch. 2 para. 8; S.R. 1991/220 (N.I.), art. 2

Modifications etc. (not altering text)

C25 S. 24 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art. 2, Sch. 1.

Commencement Information

I25 S. 24 wholly in force at 1.7.1991 see s. 32(2) and S.I. 1991/1072, art. 2(b) Schedule Pt. II

Marginal Citations

M29 1987 c. 41.

Part III U.K. Drug Trafficking Money Imported or Exported in Cash

Commencement Information

I26 Pt. III partly in force at 23.4.1991 see s. 32(2) and S.I. 1991/1072, art. 3

Part III wholly in force at 23.09.1991 see s. 32(2) and S.I. 1991/2108, art. 2.

F25 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F25 S. 25 repealed (3.2.1995) by 1994 c. 37, ss. 67(1), 69(2), Sch. 3.

F26 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F26 S. 26 repealed (3.2.1995) by 1994 c. 37, ss. 67(1), 69(2), Sch.3.

F27 26A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F27 S. 26A repealed (3.2.1995) by 1994 c. 37, ss. 67(1), 69(2), Sch. 3.

F28 26B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F28 S. 26B repealed (3.2.1995) by 1994 c. 37, ss. 67(1), 69(2), Sch. 3.

F29 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F29 S. 27 repealed (3.2.1995) by 1994 c. 37, ss. 67(1), 69(2), Sch. 3.

F30 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F30 S. 28 repealed (3.2.1995) by 1994 c. 37, ss. 67(1), 69(2), Sch.3.

F31 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F31 S. 29 repealed (3.2.1995) by 1994 c. 37, ss. 67(1), 69(2), Sch.3.

Part IV U.K. General

Commencement Information

I27 Pt. IV partly in force at 23.4.1991, 10.6.1991 and 1.7.1991 see s. 32(2) and S.I. 1991/1072, arts. 2, 3, Schedule Pts. I, II; Pt. IV wholly in force at 23.9.1991 see s.32(2) and S.I. 1991/2108, art. 2

30 Expenses and receipts. U.K.

(1) Any expenses incurred by the Secretary of State under this Act shall be defrayed out of money provided by Parliament.

F32 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32 S. 30(2)(3) repealed (3.2.1995) by 1994 c. 37, ss. 67(1), 69(2), Sch. 3.

Modifications etc. (not altering text)

C26 S. 30 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art. 2, Sch. 1.

Commencement Information

I28 S. 30 wholly in force; s. 30(1) wholly in force at 10.6.1991. see s. 32(2) and S.I. 1991/1072, art. 2(a), Schedule Pt. I; s. 30(2) wholly in force at 23.9.1991. see s. 32(2) and S.I. 1991/2108, art. 2

31 Consequential and other amendments, repeals and revocation. U.K.

(1) The enactments and instruments mentioned in Schedule 4 to this Act shall have effect with the amendments there specified, being amendments consequential on or otherwise relating to the provisions of this Act.

F33 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The enactments mentioned in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(4) Article 9 of the M30 Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 is hereby revoked.

Textual Amendments

F33 S. 31(2) repealed (3.2.1995) by 1994 c. 37, ss. 67(1), 69(2), Sch. 3.

Commencement Information

I29 S. 31 wholly in force; s. 31 in force for certain purposes at 10.6.1991 and wholly in force at 1.7.1991. See s. 32(2) and 1991/1072, art. 2, Schedule Pts. I, II

Marginal Citations

M30 S.I. 1988/1847 (N.I. 17).

32 Short title, commencement and extent. U.K.

(1) This Act may be cited as the Criminal Justice (International Co-operation) Act 1990.

(2) This Act shall come into force on such day as may be appointed by the Secretary of State by an order made by statutory instrument and different days may be appointed for different provisions and different purposes and for different parts of the United Kingdom.

(3) This Act extends to Northern Ireland.

(4) Her Majesty may by Order in Council direct that the provisions of this Act [F34 and those provisions of the Drug Trafficking Act 1994 which re-enact provisions of this Act] shall extend, with such exceptions and modifications as appear to Her Majesty to be appropriate, to any of the Channel Islands, the Isle of Man or any colony.

Subordinate Legislation Made

P6 s. 32: S. 32(2) power exercised by S.I. 1991/1072

S. 32(2): s. 32(2) power exercised (19.09.1991) by S.I. 1991/2108.

Textual Amendments

F34 Words in s. 32(4) inserted (3.2.1995) by 1994 c. 37, ss. 65(1), 69(2), Sch. 1 para.29.

Modifications etc. (not altering text)

C27 S. 32 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art. 2, Sch. 1.

Commencement Information

I30 S. 32 wholly in force; s. 32(4) in force for certain purposes at 23.4.1991, s. 32 wholly in force at 10.6.1991. See s. 32(2) and S.I. 1991/1072, arts. 2(a), 3, Schedule Pt. I

SCHEDULES

Section 4(6).

SCHEDULE 1 U.K. United Kingdom Evidence for Use Overseas: Proceedings of Nominated Court

Modifications etc. (not altering text)

C28 Sch. 1 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art. 2, Sch. 1.

Commencement Information

I31 Schedule 1 wholly in force at 10.6.1991. See s. 32(2) and S.I. 1991/1072, art. 2(a), Schedule.

Securing attendance of witnesses U.K.

1 U.K. The court shall have the like powers for securing the attendance of a witness for the purpose of the proceedings as it has for the purpose of other proceedings before the court.

Modifications etc. (not altering text)

C29 Sch. 1 para. 1 applied (15.3.1996) by S.I. 1996/716, art. 18(4)(a).

Sch. 1 para. 1 applied (17.5.1996) by S.I. 1996/1296, art. 18(4)(a).

Commencement Information

I32 Schedule 1 para. 1 wholly in force at 10.6.1991 see s. 32(2) and S.I. 1991/1072, art. 2(a), Schedule Pt. I

2 In Scotland the court shall have power to issue a warrant to officers of law to cite witnesses for the purpose of the proceedings and section 320 of the M31 Criminal Procedure (Scotland) Act 1975 shall apply in relation to such a witness.

Modifications etc. (not altering text)

C30 Sch. 1 para. 2 applied (15.3.1996) by S.I. 1996/716, art. 18(4)(a).

Commencement Information

I33 Schedule 1 para. 2 wholly in force at 10.6.1991 see s. 32(2) and S.I. 1991/1072, art. 2(a), Schedule Pt. I

Marginal Citations

M31 1975 c. 21.

Power to administer oaths U.K.

3 U.K. The court may in the proceedings take evidence on oath.

Modifications etc. (not altering text)

C31 Sch. 1 para. 3 applied (15.3.1996) by S.I. 1996/716, art. 18(4)(a).

Sch. 1 para. 3 applied (17.5.1996) by S.I. 1996/1296, art. 18(4)(a).

Commencement Information

I34 Schedule 1 para. 3 wholly in force at 10.6.1991 see s. 32(2) and S.I. 1991/1072, art. 2(a), Schedule Pt. I

Privilege of witnesses U.K.

4 (1) A person shall not be compelled to give in the proceedings any evidence which he could not be compelled to give— U.K.

(a) in criminal proceedings in the part of the United Kingdom in which the nominated court exercises jurisdiction; or

(b) subject to sub-paragraph (2) below, in criminal proceedings in the country or territory from which the request for the evidence has come.

(2) Sub-paragraph (1)(b) above shall not apply unless the claim of the person questioned to be exempt from giving the evidence is conceded by the court, tribunal or authority which made the request.

(3) Where such a claim made by any person is not conceded as aforesaid he may (subject to the other provisions of this paragraph) be required to give the evidence to which the claim relates but the evidence shall not be transmitted to the court, tribunal or authority which requested it if a court in the country or territory in question, on the matter being referred to it, upholds the claim.

(4) Without prejudice to sub-paragraph (1) above a person shall not be compelled under this Schedule to give any evidence if his doing so would be prejudicial to the security of the United Kingdom; and a certificate signed by or on behalf of the Secretary of State or, where the court is in Scotland, by or on behalf of the Lord Advocate to the effect that it would be so prejudicial for that person to do so shall be conclusive evidence of that fact.

(5) Without prejudice to sub-paragraph (1) above a person shall not be compelled under this Schedule to give any evidence in his capacity as an officer or servant of the Crown.

(6) In this paragraph references to giving evidence include references to answering any question and to producing any document or other article and the reference in sub-paragraph (3) above to the transmission of evidence given by a person shall be construed accordingly.

Modifications etc. (not altering text)

C32 Sch. 1 para. 4 applied (with modifications) (15.3.1996) by S.I. 1996/716, art. 18(4)(b).

Sch. 1 para. 4 applied (with modifications) (17.5.1996) by S.I. 1996/1296, art. 18(4)(b).

Commencement Information

I35 Schedule 1 para. 4 wholly in force at 10.6.1991 see s. 32(2) and S.I. 1991/1072, art. 2(a), Schedule Pt. I

Transmission of evidence U.K.

5 (1) The evidence received by the court shall be furnished to the Secretary of State or, in Scotland, the Lord Advocate for transmission to the court, tribunal or authority that made the request. U.K.

(2) If in order to comply with the request it is necessary for the evidence to be accompanied by any certificate, affidavit or other verifying document, the court shall also furnish for transmission such document of that nature as may be specified in the notice nominating the court.

(3) Where the evidence consists of a document the original or a copy shall be transmitted, and where it consists of any other article the article itself or a description, photograph or other representation of it shall be transmitted, as may be necessary in order to comply with the request.

Commencement Information

I36 Schedule 1 para. 5 wholly in force at 10.6.1991 see s. 32(2) and S.I. 1991/1072, art. 2(a), Schedule Pt. I

Supplementary U.K.

6 U.K. For the avoidance of doubt it is hereby declared that the M32 Bankers Books’ Evidence Act 1879 applies to the proceedings as it applies to other proceedings before the court.

Modifications etc. (not altering text)

C33 Sch. 1 para. 6 applied (15.3.1996) by S.I. 1996/716, art. 18(4)(a).

Sch. 1 para. 6 applied (17.5.1996) by S.I. 1996/1296, art. 18(4)(a).

Commencement Information

I37 Schedule 1 para.6 wholly in force at 10.6.1991 see s. 32(2) and S.I. 1991/1072, art. 2(a), Schedule Pt. I

Marginal Citations

M32 1879 c. 11.

7 U.K. No order for costs shall be made in the proceedings.

Modifications etc. (not altering text)

C34 Sch. 1 para. 7 applied (15.3.1996) by S.I. 1996/716, art. 18(4)(a).

Sch. 1 para. 7 applied (17.5.1996) by S.I. 1996/1296, art. 18(4)(a).

Commencement Information

I38 Schedule 1 para. 7 wholly in force at 10.6.1991 see s. 32(2) and S.I. 1991/1072, art. 2(a), Schedule Pt. I

Sections 12 and 13.

SCHEDULE 2 U.K. Substances Useful for Manufacturing Controlled Drugs

Modifications etc. (not altering text)

C35 Sch. 2 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art. 2, Sch. 1.

Commencement Information

I39 Schedule 2 wholly in force; Sch. 2 in force for certain purposes at 23.4.1991 and wholly in force at 1.7.1991 see s. 32(2) and S.I. 1991/1072, arts. 2(b), 3 Schedule Pt. II

TABLE I U.K.

Commencement Information

I40 Schedule 2 Table I wholly in force; Schedule 2 Table I in force for certain purposes at 23.4.1991 and wholly in force at 1.7.1991 see s. 32(2)and S.I. 1991/1072, arts. 2(b), 3 Schedule Pt. II

F35 N-Acetylanthranilic Acid

Textual Amendments

F35 Words in Sch. 2 Table I inserted (1.1.1993) by S.I. 1992/2873, art. 2(a).

Ephedrine

Ergometrine

Ergotamine

F35 Isosafrole

Lysergic acid

F35 3,4 Methylenedioxy-Phenyl-2-Propanone

1-Phenyl-2-propanone

F35 Piperonal

Pseudoephedrine

F35 Safrole

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

TABLE II U.K.

Commencement Information

I41 Schedule 2 Table II wholly in force; Sch. 2 Table II in force for certain purposes at 23.4.1991 and wholly in force at 1.7.1991. See s. 32(2) and S.I. 1991/1072, arts. 2(b), 3, Schedule Pt. II

Acetic anhydride

Acetone

Anthranilic acid

Ethyl ether

F36 Hydrochloric Acid

Textual Amendments

F36 Words in Sch. 2 Table II inserted (1.1.1993) by S.I. 1992/2873, art.2(b).

F36 Methyl Ethyl Ketone (also referred to as 2-Butanone or M.E.K.)

Phenylacetic acid

Piperidine

F36 Potassium Permanganate

F36 Sulphuric Acid

F36 Toluene

The salts of the substances listed in this Table [F36 except hydrochloric acid and sulphuric acid] whenever the existence of such salts is possible.

Section 20.

SCHEDULE 3 U.K. Enforcement Powers in Respect of Ships

Modifications etc. (not altering text)

C36 Sch. 3 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art. 2, Sch. 1.

Commencement Information

I42 Schedule 3 wholly in force; Sch. 3 partly in force for certain purposes 23.4.1991 and wholly in force at 1.7.1991. See s. 32(2) and S.I. 1991/1072, arts. 2(b), 3, Schedule Pt. II

Preliminary U.K.

1 (1) In this Schedule “an enforcement officer” means— U.K.

(a) a constable;

(b) an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the M33 Customs 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.

Modifications etc. (not altering text)

C37 Sch. 3 para. 1 extended (15.2.1992) by S.I. 1992/77, art.2.

Commencement Information

I43 Sch. 3 para. 1 wholly in force; Para. 1(1)(c) in force for certain purposes at 23.4.1991 and para. 1 wholly in force at 1.7.1991. See s. 32(2) and S.I. 1991/1072, arts. 2(b), 3 Schedule Pt. II

Marginal Citations

M33 1979 c. 2.

Power to stop, board, divert and detain U.K.

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. U.K.

(2) Where an enforcement officer is exercising his powers with the authority of the [F37 Commissioners 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.

Textual Amendments

F37 Words in Sch. 3 para. 2(2) substituted (1.12.1993) by 1993 c. 36, s. 23(2)(c) (with s. 78(6)); S.I. 1993/2734, art. 2,Sch.

Commencement Information

I44 Sch. 3 para. 2 wholly in force at 1.7.1991 see s. 32(2) and S.I. 1991/1072, art. 2(b), Schedule Pt. II

Power to search and obtain information U.K.

3 (1) An enforcement officer may search the ship, anyone on it and anything on it including its cargo. U.K.

(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.

Commencement Information

I45 Sch. 3 para. 3 wholly in force at 1.7.1991 see s. 32(2) and S.I. 1991/1072, art. 2(b), Schedule Pt. II

Powers in respect of suspected offence U.K.

4 U.K. 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.

Commencement Information

I46 Sch. 3 para. 4 wholly in force at 1.7.1991 see s. 32(2) and S.I. 1991/1072, art. 2(b), Schedule Pt. II

Assistants U.K.

5 (1) An enforcement officer may take with him, to assist him in exercising his powers— U.K.

(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.

Commencement Information

I47 Sch. 3 para. 5 wholly in force at 1.7.1991 see s. 32(2) and S.I. 1991/1072, art. 2(b), Schedule Pt. II

Use of reasonable force U.K.

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

Commencement Information

I48 Sch. 3 para. 6 wholly in force at 1.7.1991 see s. 32(2) and S.I. 1991/1072, art. 2(b), Schedule Pt. II

Evidence of authority U.K.

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

Commencement Information

I49 Sch. 3 para. 7 wholly in force at 1.7.1991 see s. 32(2) and S.I. 1991/1072, art. 2(b), Schedule Pt. II

Protection of officers U.K.

8 U.K. 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.

Commencement Information

I50 Sch. 3 para. 8 wholly in force at 1.7.1991 see s. 32(2) and S.I. 1991/1072, art. 2(b), Schedule Pt. II

Offences U.K.

9 (1) A person is guilty of an offence if he— U.K.

(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.

Commencement Information

I51 Sch. 3 para. 9 wholly in force at 1.7.1991 see s. 32(2) and S.I. 1991/1072, art. 2(b), Schedule Pt. II

Section 31(1).

SCHEDULE 4 U.K. Consequential and other Amendments

Commencement Information

I52 Schedule 4 wholly in force; Sch. 4 in force for certain purposes at 10.6.1991 and wholly in force on 1.7.1991. See s. 32(2) and S.I. 1991/1072, art. 2(a)(b), Schedule Pts. I, II

The M34 Misuse of Drugs Act 1971 U.K.

Marginal Citations

M34 1971 c. 38.

1 U.K. In section 27(1) of the Misuse of Drugs Act 1971 after “1986” there shall be inserted the words “or an offence to which section 1 of the Criminal Justice (Scotland) Act 1987 relates”.

Commencement Information

I53 Sch. 4 para. 1 wholly in force at 1.7.1991 see s. 32(2) and S.I. 1991/1072, art. 2(b), Sch. Pt. II

The M35 Magistrates’ Courts Act 1980 U.K.

Marginal Citations

M35 1980 c. 43.

2 U.K. 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.”

Commencement Information

I54 Schedule 4 para. 2 wholly in force at 10.6.1991. See s. 32(2) and S.I. 1991/1072, art. 2(a), Schedule

The M36 Criminal Justice Act 1982 U.K.

Marginal Citations

M36 1982 c. 48.

3 U.K. 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).”

Commencement Information

I55 Schedule 4 para. 3 wholly im force at 1.7.1991. See s. 32(2) and S.I. 1991/1072, art. 2(b), Schedule Pt. II

The M37 Drug Trafficking Offences Act 1986 U.K.

Marginal Citations

M37 1986 c. 32.

F38 4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38 Sch. 4 para. 4 repealed (3.2.1995) by 1994 c. 37, ss. 67(1), 69(2), Sch. 3.

The M38 Criminal Justice (Scotland) Act 1987 U.K.

Marginal Citations

M38 1987 c. 41.

5 (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.

Commencement Information

I56 Sch. 4 para. 5 wholly in force at 1.7.1991 see s. 32(2) and S.I. 1991/1072, art. 2(b), Schedule Pt. II

The M39 Criminal Justice Act 1988 U.K.

Marginal Citations

M39 1988 c. 33.

6 (1) The Criminal Justice Act 1988 shall be amended as follows. U.K.

(2) In sections 24(4) and 26 for the words “section 29 below” there shall be substituted the words “ section 3 of the Criminal Justice (International Co-operation) Act 1990 ”.

(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 ”.

Commencement Information

I57 Sch. 4 para. 6 wholly in force at 10.6.1991 see s. 32(2) and S.I. 1991/1072, art. 2(a), Schedule Pt. I

The M40 Magistrates’ Courts (Northern Ireland) Order 1981 U.K.

Marginal Citations

M40 S.I. 1981/1675 (N.I. 26).

7 U.K. 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 ”.

Commencement Information

I58 Schedule 4 para. 7 wholly in force at 10.6.1991. See s. 32(2) and S.I. 1991/1072, art. 2(a), Schedule Pt. I

The M41 Criminal Justice (Evidence, Etc.)(Northern Ireland) Order 1988 U.K.

Marginal Citations

M41 S.I. 1988/1847 (N.I. 17).

8 U.K. In Articles 4(4) and 6 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 for the words “Article 9” there shall be substituted the words “ section 3 of the Criminal Justice (International Co-operation) Act 1990 ”.

Commencement Information

I59 Schedule 4 para. 8 wholly in force at 10.6.1991. See s. 32(2) and S.I. 1991/1072, art. 2(a), Schedule Pt. I

Section 31(3).

SCHEDULE 5 U.K. Repeals

Commencement Information

I60 Sch. 5 wholly in force: Sch. 5 partly in force at 10.6.1991 and wholly in force 1.7.1991 see s. 32(2) and S.I. 1991/1072, art. 2, Schedule

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.