Criminal Justice Act 1988

Enforcement of external orders U.K.

94 Enforcement of Northern Ireland orders. E+W+S

(1) Her Majesty may by Order in Council provide that for the purposes of sections 76 to [F1 88] above, this Part of this Act shall have effect as if—

(a) references to confiscation orders included a reference to orders made by courts in Northern Ireland which appear to Her Majesty to correspond to confiscation orders;

(b) references to proceedings in England and Wales or to the institution or conclusion in England and Wales of proceedings included a reference to proceedings in Northern Ireland or to the institution or conclusion in Northern Ireland of proceedings, as the case may be; and

(c) the references to the laying of an information in section 76(2) and (4) above included references to making a complaint under Article 20 of the M1 Magistrates’ Courts (Northern Ireland) Order 1981.

(2) An Order in Council under this section may provide for those sections to have effect in relation to anything done or to be done in Northern Ireland subject to such further modifications as may be specified in the Order.

(3) An Order in Council under this section may contain such incidental, consequential and transitional provisions as Her Majesty considers expedient.

[F2 (3A) An Order in Council under this section may, in particular, provide for section 18 of the M2 Civil Jurisdiction and Judgments Act 1982 (enforcement of United Kingdom judgments in other parts of the United Kingdom) not to apply in relation to such orders as may be prescribed by the Order.]

[F3 (4) An Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F1 Words in s. 94(1) substituted (1.12.1993) by 1993 c. 36, s. 34(1); S.I. 1993/2734, art. 2,Sch.

F2 S. 94(3A) inserted (1.12.1993) by 1993 c. 36, s. 34(1); S.I. 1993/2734, art. 2,Sch.

F3 S. 94(4) substituted (1.12.1993) by 1993 c. 36, ss. 21(2)(3)(e); S.I. 1993/2734, art. 2,Sch.

Marginal Citations

M1 S.I. 1981/1675 (N.I. 26).

M2 1982 c. 27.

F4 95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S+N.I.

Textual Amendments

F4 S. 95 repealed (31.3.1996) by 1995 c. 20, s. 117, Sch. 6 Pt. II para. 186(5), Sch. 7 Pt.II; S.I. 1996/517, art.3; s. 95 expressed to be repealed (prosp.) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12

96 Enforcement of other external orders. E+W

(1) Her Majesty may by Order in Council—

(a) direct in relation to a country or territory outside the United Kingdom designated by the Order (“a designated country") that, subject to such modifications as may be specified, this Part of this Act shall apply to external confiscation orders and to proceedings which have been or are to be instituted in the designated country and may result in an external confiscation order being made there;

(b) make—

(i) such provision in connection with the taking of action in the designated country with a view to satisfying a confiscation order;

(ii) such provision as to evidence or proof of any matter for the purposes of this section and section 97 below; and

(iii) such incidental, consequential and transitional provision,

as appears to Her Majesty to be expedient; and

(c) without prejudice to the generality of this subsection, direct that in such circumstances as may be specified proceeds which arise out of action taken in the designated country with a view to satisfying a confiscation order shall be treated as reducing the amount payable under the order to such extent as may be specified.

(2) In this Part of this Act—

• “external confiscation order” means an order made by a court in a designated country for the purpose—

(a) of recovering—

(i) property obtained as a result of or in connection with conduct corresponding to an offence to which this Part of this Act applies; or

(ii) the value of property so obtained; or

(b) of depriving a person of a pecuniary advantage so obtained; and

“modifications” includes additions, alterations and omissions.

(3) An Order in Council under this section may make different provision for different cases or classes of case.

(4) The power to make an Order in Council under this section includes power to modify this Part of this Act in such a way as to confer power on a person to exercise a discretion.

[F5 (5) An Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F5 S. 96(5) substituted (1.12.1993) by 1993 c. 36, s. 21(3)(g); S.I. 1993/2734, art. 2,Sch.

Modifications etc. (not altering text)

C1 S. 96 modified (29.12.1991) by S.I. 1991/2873, arts. 4(1), 5(1)

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)

C2 S. 97 modified (29.12.1991) by S.I. 1991/2873, arts. 4(1), 5(1)