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Criminal Justice Act 1988
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Criminal Justice Act 1988, Section 97 is up to date with all changes known to be in force on or before 13 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 97:
- s. 36(2)(b)(v) and word inserted by 2019 c. 17 s. 13(3)(b)
- s. 36(3A) (3B) substituted for s. 36(3A) by 2008 c. 4 s. 46(2)
- s. 41(4A) inserted by 2004 c. 28 Sch. 10 para. 28
- s. 97 repealed by 2002 c. 29 Sch. 11 para. 17(2)(a) Sch. 12
- s. 139AZA(1)(a)(iii) and word inserted by 2019 c. 17 s. 13(4)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 36(2)(b)(v) and word inserted by 2019 c. 17 s. 13(3)(b)
- s. 36(3A) (3B) substituted for s. 36(3A) by 2008 c. 4 s. 46(2)
- s. 41(4A) inserted by 2004 c. 28 Sch. 10 para. 28
- s. 139AZA(1)(a)(iii) and word inserted by 2019 c. 17 s. 13(4)(b)
97 Registration of external confiscation orders.E+W
(1)On an application made by or on behalf of the government of a designated country, the High Court may register an external confiscation order made there if—
(a)it is satisfied that at the time of registration the order is in force and not subject to appeal;
(b)it is satisfied, where the person against whom the order is made did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and
(c)it is of the opinion that enforcing the order in England and Wales would not be contrary to the interests of justice.
(2)In subsection (1) above “appeal” includes—
(a)any proceedings by way of discharging or setting aside a judgment; and
(b)an application for a new trial or a stay of execution.
(3)The High Court shall cancel the registration of an external confiscation order if it appears to the court that the order has been satisfied by payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or by any other means.
Modifications etc. (not altering text)
C1S. 97 modified (29.12.1991) by S.I. 1991/2873, arts. 4(1), 5(1)
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