1968 c. 60.

1978 c. 31.

1981 c. 45.

1977 c. 45.

1981 c. 47.

1977 c. 45.

1981 c. 47.

1977 c. 45.

1981 c. 47.

1987 c. 38.

1986 c. 32.

1986 c. 32.

1986 c. 32.

1986 c. 32.

1986 c. 32.

1986 c. 32.

1973 c. 62.

1986 c. 32.

1990 c. 5.

1990 c. 5.

1990 c. 5.

1986 c. 32.

1971 c. 38.

1973 c. 62.

1986 c. 32.

1973 c. 62.

1986 c. 32.

1987 c. 41.

1986 c. 32.

1990 c. 5.

1986 c. 32.

1987 c. 41.

1990 c. 5.

1986 c. 32.

1979 c. 2.

1990 c. 5.

1987 c. 41.

1979 c. 2.

1990 c. 5.

1990 c. 5.

1986 c. 32.

1987 c. 41.

1988 c. 33.

1990 c. 5.

1986 c. 32.

1982 c. 27.

1986 c. 32.

1990 c. 5.

1982 c. 27.

1984 c. 60.

1987 c. 41.

1990 c. 5.

1986 c. 32.

1987 c. 41.

1988 c. 33.

1980 c. 43.

1988 c. 33.

1988 c. 33.

1988 c. 33.

1988 c. 33.

1988 c. 33.

1987 c. 41.

1989 c. 4.

1988 c. 33.

1982 c. 27.

1979 c. 2.

1991 c. 24.

S.I. 1989/1344 (N.I. 15).

1991 c. 24.

1945 c. 15 (N.I.).

1991 c. 24.

1991 c. 24.

1991 c. 24.

1991 c. 24.

S. I. 1980/704 (N.I. 6).

1991 c. 24.

1945 c. 15 (N.I.).

1991 c. 24.

1973 c. 62.

1975 c. 21.

1982 c. 27.

1991 c. 24.

1989 c. 4.

1989 c. 4.

1991 c. 24.

1989 c. 4.

1991 c. 53.

1991 c. 53.

1973 c. 62.

1980 c. 43.

1988 c. 53.

1988 c. 52.

1933 c. 12.

1975 c. 21.

1978 c. 49.

1978 c. 49

1975 c. 21.

1972 c. 68.

1987 c. 22.

O.J. No. L386/1.

O.J. No. L110/52.

1979 c. 2.

1965 c. 45.

1982 c. 48.

1986 c. 32.

1988 c. 33.

1993 c. 9.

1991 c. 53.

1975 c. 21.

1993 c. 9.

1986 c. 32.

1991 c. 24.

1989 c. 4.

1991 c. 24.

1973 c. 36.

1974 c. 28.

1986 c. 60.

1986 c. 60.

1991 c. 53.

1980 c. 43.

1933 c. 12.

1980 c. 43.

1973 c. 62.

1989 c. 41.

1969 c. 54.

1973 c. 62.

1980 c. 43.

1981 c. 49.

1991 c. 53.

1983 c. 20.

1986 c. 32.

1988 c. 33.

1989 c. 37.

1991 c. 24.

1985 c. 8.

http://www.legislation.gov.uk/ukpga/1993/36/enactedCriminal Justice Act 1993Drugs use and abuseKing's Printer of Acts of Parliament2021-08-03Criminal Justice Act 1993Sch. 6Companies Act 2006Sch. 16s.1300(2)Criminal Justice Act 1993s. 67(1)Criminal Justice Act 2003Sch. 37 Pt. 7s. 336(3)(4)Criminal Justice Act 1993Sch. 5 para. 19(1)(2)The Companies (Audit, Investigations and Community Enterprise) (Northern Ireland) Order 2005The Companies (Audit, Investigations and Community Enterprise) (Northern Ireland) Order 2005 (repealed)Sch. 3art. 1(2)

Criminal Justice Act 1993

1993 Chapter 36

An Act to make provision about the jurisdiction of courts in England and Wales in relation to certain offences of dishonesty and blackmail; to amend the law about drug trafficking offences and to implement provisions of the Community Council Directive No. 91/308/EEC; to amend Part VI of the Criminal Justice Act 1988; to make provision with respect to the financing of terrorism, the proceeds of terrorist-related activities and the investigation of terrorist activities; to amend Part I of the Criminal Justice Act 1991; to implement provisions of the Community Council Directive No. 89/592/EEC and to amend and restate the law about insider dealing in securities; to provide for certain offences created by the Banking Coordination (Second Council Directive) Regulations 1992 to be punishable in the same way as offences under sections 39, 40 and 41 of the Banking Act 1987 and to enable regulations implementing Article 15 of the Community Council Directive No. 89/646/EEC and Articles 3, 6 and 7 of the Community Council Directive No. 92/30/EEC to create offences punishable in that way; to make provision with respect to the penalty for causing death by dangerous driving or causing death by careless driving while under the influence of drink or drugs; to make it an offence to assist in or induce certain conduct which for the purposes of, or in connection with, the provisions of Community law is unlawful in another member State; to provide for the introduction of safeguards in connection with the return of persons under backing of warrants arrangements; to amend the Criminal Procedure (Scotland) Act 1975 and Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993; and for connected purposes.

[27th July 1993]

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:—

PART IJURISDICTION
1Offences to which this Part applies1

This Part applies to two groups of offences—

a

any offence mentioned in subsection (2) (a “Group A offence”); and

b

any offence mentioned in subsection (3) (a “Group B offence”).

2

The Group A offences are—

a

an offence under any of the following provisions of the Theft Act 1968—

section 1 (theft);

section 15 (obtaining property by deception);

section 16 (obtaining pecuniary advantage by deception);

section 17 (false accounting);

section 19 (false statements by company directors, etc.);

section 20(2) (procuring execution of valuable security by deception);

section 21 (blackmail);

section 22 (handling stolen goods);

b

an offence under either of the following provisions of the Theft Act 1978—

section 1 (obtaining services by deception);

section 2 (avoiding liability by deception);

c

an offence under any of the following provisions of the Forgery and Counterfeiting Act 1981—

section 1 (forgery);

section 2 (copying a false instrument);

section 3 (using a false instrument);

section 4 (using a copy of a false instrument);

section 5 (offences which relate to money orders, share certificates, passports, etc.);

d

the common law offence of cheating in relation to the public revenue.

3

The Group B offences are—

a

conspiracy to commit a Group A offence;

b

conspiracy to defraud;

c

attempting to commit a Group A offence;

d

incitement to commit a Group A offence.

4

The Secretary of State may by order amend subsection (2) or (3) by adding or removing any offence.

5

The power to make such an order shall be exercisable by statutory instrument.

6

No order shall be made under subsection (4) unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

2Jurisdiction in respect of Group A offences1

For the purposes of this Part, “relevant event”, in relation to any Group A offence, means any act or omission or other event (including any result of one or more acts or omissions) proof of which is required for conviction of the offence.

2

For the purpose of determining whether or not a particular event is a relevant event in relation to a Group A offence, any question as to where it occurred is to be disregarded.

3

A person may be guilty of a Group A offence if any of the events which are relevant events in relation to the offence occurred in England and Wales.

3Questions immaterial to jurisdiction in the case of certain offences1

A person may be guilty of a Group A or Group B offence whether or not—

a

he was a British citizen at any material time;

b

he was in England and Wales at any such time.

2

On a charge of conspiracy to commit a Group A offence, or on a charge of conspiracy to defraud in England and Wales, the defendant may be guilty of the offence whether or not—

a

he became a party to the conspiracy in England and Wales;

b

any act or omission or other event in relation to the conspiracy occurred in England and Wales.

3

On a charge of attempting to commit a Group A offence, the defendant may be guilty of the offence whether or not—

a

the attempt was made in England and Wales;

b

it had an effect in England and Wales.

4

Subsection (1)(a) does not apply where jurisdiction is given to try the offence in question by an enactment which makes provision by reference to the nationality of the person charged.

5

Subsection (2) does not apply in relation to any charge under the Criminal Law Act 1977 brought by virtue of section 1A of that Act.

6

Subsection (3) does not apply in relation to any charge under the Criminal Attempts Act 1981 brought by virtue of section 1A of that Act.

4Rules for determining certain jurisdictional questions relating to the location of events

In relation to a Group A or Group B offence—

a

there is an obtaining of property in England and Wales if the property is either despatched from or received at a place in England and Wales; and

b

there is a communication in England and Wales of any information, instruction, request, demand or other matter if it is sent by any means—

i

from a place in England and Wales to a place elsewhere; or

ii

from a place elsewhere to a place in England and Wales.

5Conspiracy, attempt and incitement1

The following section shall be inserted in the Criminal Law Act 1977, after section 1—

1AExtended jurisdiction over certain conspiracies1

This Part of this Act has effect in relation to an agreement which falls within this section as it has effect in relation to one which falls within section 1(1) above.

2

An agreement falls within this section if—

a

a party to it, or a party’s agent, did anything in England and Wales in relation to it before its formation, or

b

a party to it became a party in England and Wales (by joining it either in person or through an agent), or

c

a party to it, or a party’s agent, did or omitted anything in England and Wales in pursuance of it,

and the agreement would fall within section 1(1) above as an agreement relating to the commission of a Group A offence but for that offence, if committed in accordance with the parties' intentions, not being an offence triable in England and Wales.

3

In subsection (2) above “Group A offence” has the same meaning as in Part I of the Criminal Justice Act 1993.

4

Subsection (1) above is subject to the provisions of section 6 of the Act of 1993 (relevance of external law).

5

An offence which is an offence of conspiracy, by virtue of this section, shall be treated for all purposes as an offence of conspiracy to commit the relevant Group A offence.

.

2

The following section shall be inserted in the Criminal Attempts Act 1981, after section 1—

1AExtended jurisdiction in relation to certain attempts1

If this section applies to an act, what the person doing the act had in view shall be treated as an offence to which section 1(1) above applies.

2

This section applies to an act if—

a

it is done in England and Wales, and

b

it would fall within section 1(1) above as more than merely preparatory to the commission of a Group A offence but for the fact that that offence, if completed, would not be an offence triable in England and Wales.

3

In this section “Group A offence” has the same meaning as in Part 1 of the Criminal Justice Act 1993.

4

Subsection (1) above is subject to the provisions of section 6 of the Act of 1993 (relevance of external law).

5

Where a person does any act to which this section applies, the offence which he commits shall for all purposes be treated as the offence of attempting to commit the relevant Group A offence.

.

3

A person may be guilty of conspiracy to defraud if—

a

a party to the agreement constituting the conspiracy, or a party’s agent, did anything in England and Wales in relation to the agreement before its formation, or

b

a party to it became a party in England and Wales (by joining it either in person or through an agent), or

c

a party to it, or a party’s agent, did or omitted anything in England and Wales in pursuance of it,

and the conspiracy would be triable in England and Wales but for the fraud which the parties to it had in view not being intended to take place in England and Wales.

4

A person may be guilty of incitement to commit a Group A offence if the incitement—

a

takes place in England and Wales; and

b

would be triable in England and Wales but for what the person charged had in view not being an offence triable in England and Wales.

5

Subsections (3) and (4) are subject to section 6.

6Relevance of external law1

A person is guilty of an offence triable by virtue of section 1A of the Criminal Law Act 1977, or by virtue of section 5(3), only if the pursuit of the agreed course of conduct would at some stage involve—

a

an act or omission by one or more of the parties, or

b

the happening of some other event,

constituting an offence under the law in force where the act, omission or other event was intended to take place.

2

A person is guilty of an offence triable by virtue of section 1A of the Criminal Attempts Act 1981, or by virtue of section 5(4), only if what he had in view would involve the commission of an offence under the law in force where the whole or any part of it was intended to take place.

3

Conduct punishable under the law in force in any place is an offence under that law for the purposes of this section, however it is described in that law.

4

Subject to subsection (6), a condition specified in subsection (1) or (2) shall be taken to be satisfied unless, not later than rules of court may provide, the defence serve on the prosecution a notice—

a

stating that, on the facts as alleged with respect to the relevant conduct, the condition is not in their opinion satisfied;

b

showing their grounds for that opinion; and

c

requiring the prosecution to show that it is satisfied.

5

In subsection (4) “the relevant conduct” means—

a

where the condition in subsection (1) is in question, the agreed course of conduct; and

b

where the condition in subsection (2) is in question, what the defendant had in view.

6

The court, if it thinks fit, may permit the defence to require the prosecution to show that the condition is satisfied without the prior service of a notice under subsection (4).

7

In the Crown Court, the question whether the condition is satisfied shall be decided by the judge alone.

8

The following paragraph shall be inserted in section 9(3) of the Criminal Justice Act 1987 (preparatory hearing in a case of serious fraud), before paragraph (b)—

aa

a question arising under section 6 of the Criminal Justice Act 1993 (relevance of external law to certain charges of conspiracy, attempt and incitement);

.

PART IIDRUG TRAFFICKING OFFENCESConfiscation orders
7Confiscation orders1

In section 1 of the Drug Trafficking Offences Act 1986 (confiscation orders), in subsection (1), for “the court” there shall be substituted

then—

a

if the prosecutor asks it to proceed under this section, or

b

if the court considers that, even though the prosecutor has not asked it to do so, it is appropriate for it to proceed under this section,

it

.

2

After subsection (7) of that section there shall be inserted—

7A

The standard of proof required to determine any question arising under this Act as to—

a

whether a person has benefited from drug trafficking, or

b

the amount to be recovered in his case by virtue of this section,

shall be that applicable in civil proceedings.

.

3

In subsection (3) of section 4 of the Act of 1986 (amount to be recovered under confiscation order), for the words from “the amount appearing” to the end there shall be substituted

a

the amount appearing to the court to be the amount that might be so realised, or

b

a nominal amount, where it appears to the court (on the information available to it at the time) that the amount that might be so realised is nil

.

8Postponed determinations

The following section shall be inserted in the Drug Trafficking Offences Act 1986, after section 1—

1APostponed determinations1

Where the Crown Court is acting under section 1 of this Act but considers that it requires further information before—

a

determining whether the defendant has benefited from drug trafficking, or

b

determining the amount to be recovered in his case by virtue of section 1 of this Act,

it may, for the purpose of enabling that information to be obtained, postpone making the determination for such period as it may specify.

2

More than one postponement may be made under subsection (1) above in relation to the same case.

3

Unless it is satisfied that there are exceptional circumstances, the court shall not specify a period under subsection (1) above which—

a

by itself, or

b

where there have been one or more previous postponements under subsection (1) above or (4) below, when taken together with the earlier specified period or periods,

exceeds six months beginning with the date of conviction.

4

Where the defendant appeals against his conviction, the court may, on that account—

a

postpone making either or both of the determinations mentioned in subsection (1) above for such period as it may specify, or

b

where it has already exercised its powers under this section to postpone, extend the specified period.

5

A postponement or extension under subsection (1) or (4) above may be made—

a

on application by the defendant or the prosecutor, or

b

by the court of its own motion.

6

Unless the court is satisfied that there are exceptional circumstances, any postponement or extension under subsection (4) above shall not exceed the period ending three months after the date on which the appeal is determined or otherwise disposed of.

7

Where the court exercises its power under subsection (1) or (4) above, it may nevertheless proceed to sentence, or otherwise deal with, the defendant in respect of the relevant offence or any of the relevant offences.

8

Where the court has so proceeded, section 1 of this Act shall have effect as if—

a

in subsection (4), the words from “before sentencing” to “offences concerned” were omitted, and

b

in subsection (5)(c), after “determining” there were inserted “in relation to any offence in respect of which he has not been sentenced or otherwise dealt with”.

9

In sentencing, or otherwise dealing with, the defendant in respect of the relevant offence or any of the relevant offences at any time during the specified period, the court shall not—

a

impose any fine on him, or

b

make any such order as is mentioned in section 1(5)(b)(ii) or (iii) of this Act.

10

In this section—

a

“the relevant offence” means the drug trafficking offence in respect of which the defendant appears (as mentioned in section 1(1) of this Act) before the court;

b

references to an appeal include references to an application under section 111 of the Magistrates' Courts Act 1980 (statement of case by magistrates' court).

11

In this section “the date of conviction” means—

a

the date on which the defendant was convicted, or

b

where he appeared to be sentenced in respect of more than one conviction, and those convictions were not all on the same date, the date of the latest of those convictions.

.

9Assumptions about proceeds of drug trafficking1

Section 2 of the Drug Trafficking Offences Act 1986 (assessing proceeds of drug trafficking) shall be amended as follows.

2

In subsection (2)—

a

for “may” there shall be substituted “shall”; and

b

for the words from “following” to the end there shall be substituted “required assumptions”.

3

After subsection (2), there shall be inserted—

2A

The court shall not make any required assumption if—

a

that assumption is shown to be incorrect in the defendant’s case, or

b

the court is satisfied that there would be a serious risk of injustice in his case if the assumption were to be made.

2B

Where the court does not apply one or more of the required assumptions it shall state its reasons.

.

4

In subsection (3)—

a

for “Those” there shall be substituted “The required”; and

b

in paragraph (a)(i), for “him” there shall be substituted “the defendant”.

10Provision of information1

Section 3 of the Drug Trafficking Offences Act 1986 (statements relating to drug trafficking) shall be amended in accordance with subsections (2) to (4).

2

For subsections (1) and (2), there shall be substituted—

1

Where the prosecutor asks the court to proceed under section 1 of this Act or applies to the court under section 4A, 5A, 5B or 5C of this Act he shall give the court, within such period as it may direct, a statement of matters which he considers relevant in connection with—

a

determining whether the defendant has benefited from drug trafficking, or

b

assessing the value of his proceeds of drug trafficking.

1A

In this section such a statement is referred to as a

prosecutor’s statement

.

1B

Where the court proceeds under section 1 of this Act without the prosecutor having asked it to do so, it may require him to give it a prosecutor’s statement, within such period as it may direct.

1C

Where the prosecutor has given a prosecutor’s statement—

a

he may at any time give the court a further such statement, and

b

the court may at any time require him to give it a further such statement, within such period as it may direct.

1D

Where any prosecutor’s statement has been given and the court is satisfied that a copy of the statement has been served on the defendant, it may require the defendant—

a

to indicate to it, within such period as it may direct, the extent to which he accepts each allegation in the statement, and

b

so far as he does not accept any such allegation, to give particulars of any matters on which he proposes to rely.

1E

Where the court has given a direction under this section it may at any time vary it by giving a further direction.

2

Where the defendant accepts to any extent any allegation in any prosecutor’s statement, the court may, for the purposes of—

a

determining whether the defendant has benefited from drug trafficking, or

b

assessing the value of his proceeds of drug trafficking,

treat his acceptance as conclusive of the matters to which it relates.

.

3

In subsection (3), for “statement” there shall be substituted “prosecutor’s statement in question”.

4

For subsection (5) there shall be substituted—

5

An allegation may be accepted, or particulars of any matter may be given, for the purposes of this section in such manner as may be prescribed by rules of court or as the court may direct.

.

5

The following section shall be inserted in the Act of 1986, after section 3—

3AProvision of information by defendant1

This section applies where—

a

the prosecutor has asked the court to proceed under section 1 of this Act or has applied to the court under section 5A, 5B or 5C of this Act, or

b

no such request has been made but the court is nevertheless proceeding, or considering whether to proceed, under section 1.

2

For the purpose of obtaining information to assist it in carrying out its functions, the court may at any time order the defendant to give it such information as may be specified in the order.

3

An order under subsection (2) above may require all, or any specified part, of the required information to be given to the court in such manner, and before such date, as may be specified in the order.

4

Crown Court Rules may make provision as to the maximum or minimum period that may be allowed under subsection (3) above.

5

If the defendant fails, without reasonable excuse, to comply with any order under this section, the court may draw such inference from that failure as it considers appropriate.

6

Where the prosecutor accepts to any extent any allegation made by the defendant in giving to the court information required by an order under this section, the court may treat that acceptance as conclusive of the matters to which it relates.

7

For the purposes of this section, an allegation may be accepted in such manner as may be prescribed by rules of court or as the court may direct.

.

6

In section 5(3) of the Act of 1986 the words “sections 3 and 4 of” shall be omitted.

11Variation of confiscation orders1

Section 14 of the Drug Trafficking Offences Act 1986 (variation of confiscation orders) shall be amended as follows.

2

In subsection (1) (variation on application of defendant), after “defendant” there shall be inserted “or a receiver appointed under section 8 or 11 of this Act, or in pursuance of a charging order, made”.

3

In subsection (3), for “defendant” there shall be substituted “person who applied for it”.

4

The following shall be inserted at the end—

5

Rules of court may make provision—

a

for the giving of notice of any application under this section; and

b

for any person appearing to the court to be likely to be affected by any exercise of its powers under this section to be given an opportunity to make representations to the court.

.

12Revised assessment of proceeds of drug trafficking

The following sections shall be inserted in the Drug Trafficking Offences Act 1986, after section 5—

5AReconsidera-tion of case where court has not proceeded under section 11

This section applies where the defendant has appeared before the Crown Court to be sentenced in respect of one or more drug trafficking offences but the court has not proceeded under section 1 of this Act.

2

If the prosecutor has evidence—

a

which was not available to him when the defendant appeared to be sentenced (and accordingly was not considered by the court), but

b

which the prosecutor believes would have led the court to determine that the defendant had benefited from drug trafficking if—

i

the prosecutor had asked the court to proceed under section 1 of this Act, and

ii

the evidence had been considered by the court,

he may apply to the Crown Court for it to consider the evidence.

3

The court shall proceed under section 1 of this Act if, having considered the evidence, it is satisfied that it is appropriate to do so.

4

In considering whether it is appropriate to proceed under section 1, the court shall have regard to all the circumstances of the case.

5

Where, having decided to proceed under section 1, the court proposes to make a confiscation order against the defendant, it shall order the payment of such amount as it thinks just in all the circumstances of the case.

6

In considering the circumstances of any case the court shall have regard, in particular, to the amount of any fine imposed on the defendant in respect of the offence or offences in question.

7

Where the court is proceeding under section 1 of this Act, by virtue of this section, subsection (4) of that section shall have effect as if the words “before sentencing or otherwise dealing with him in respect of the offence or, as the case may be, any of the offences concerned” were omitted.

8

The court may take into account any payment or other reward received by the defendant on or after the date of conviction, but only if the prosecutor shows that it was received by the defendant in connection with drug trafficking carried on by the defendant or another on or before that date.

9

In considering any evidence under this section which relates to any payment or reward to which subsection (8) above applies, the court shall not make the assumptions which would otherwise be required by section 2 of this Act.

10

No application shall be entertained by the court under this section if it is made after the end of the period of six years beginning with the date of conviction.

11

In this section “the date of conviction” means—

a

the date on which the defendant was convicted, or

b

where he appeared to be sentenced in respect of more than one conviction, and those convictions were not all on the same date, the date of the latest of those convictions.

5BRe-assessment of whether defendant has benefited from drug trafficking1

This section applies where the court has made a determination (“the section 1(2) determination”) under section 1(2) of this Act that the defendant has not benefited from drug trafficking.

2

If the prosecutor has evidence—

a

which was not considered by the court in making the section 1(2) determination, but

b

which the prosecutor believes would have led the court to determine that the defendant had benefited from drug trafficking if it had been considered by the court,

he may apply to the Crown Court for it to consider that evidence.

3

If, having considered the evidence, the court is satisfied that it would have determined that the defendant had benefited from drug trafficking if that evidence had been available to it, the court—

a

shall—

i

make a fresh determination under subsection (2) of section 1 of this Act; and

ii

make a determination under subsection (4) of that section of the amount to be recovered by virtue of that section; and

b

may make an order under that section.

4

Where the court is proceeding under section 1 of this Act, by virtue of this section, subsection (4) of that section shall have effect as if the words “before sentencing or otherwise dealing with him in respect of the offence or, as the case may be, any of the offences concerned” were omitted.

5

The court may take into account any payment or other reward received by the defendant on or after the date of the section 1(2) determination, but only if the prosecutor shows that it was received by the defendant in connection with drug trafficking carried on by the defendant or another on or before that date.

6

In considering any evidence under this section which relates to any payment or reward to which subsection (5) above applies, the court shall not make the assumptions which would otherwise be required by section 2 of this Act.

7

Where the High Court—

a

has been asked to proceed under section 4A of this Act in relation to a defendant who has absconded, but

b

has decided not to make a confiscation order against him,

this section shall not apply at any time while he remains an absconder.

8

No application shall be entertained by the court under this section if it is made after the end of the period of six years beginning with—

a

the date on which the defendant was convicted; or

b

where he appeared to be sentenced in respect of more than one conviction, and those convictions were not all on the same date, the date of the latest of those convictions.

5CRevised assessment of proceeds of drug trafficking1

This section applies where the court has made a determination under section 1(4) of this Act of the amount to be recovered in a particular case by virtue of that section (“the current section 1(4) determination”).

2

Where the prosecutor is of the opinion that the real value of the defendant’s proceeds of drug trafficking was greater than their assessed value, the prosecutor may apply to the Crown Court for the evidence on which the prosecutor has formed his opinion to be considered by the court.

3

In subsection (2) above—

“assessed value” means the value of the defendant’s proceeds of drug trafficking as assessed by the court under section 4(1) of this Act; and

“real value” means the value of the defendant’s proceeds of drug trafficking which took place—

a

in the period by reference to which the current section 1(4) determination was made; or

b

in any earlier period.

4

If, having considered the evidence, the court is satisfied that the real value of the defendant’s proceeds of drug trafficking is greater than their assessed value (whether because the real value was higher at the time of the current section 1(4) determination than was thought or because the value of the proceeds in question has subsequently increased), the court shall make a fresh determination under subsection (4) of section 1 of this Act of the amount to be recovered by virtue of that section.

5

Where the court is proceeding under section 1 of this Act, by virtue of this section, subsection (4) of that section shall have effect as if the words “before sentencing or otherwise dealing with him in respect of the offence or, as the case may be, any of the offences concerned” were omitted.

6

Any determination under section 1(4) of this Act by virtue of this section shall be by reference to the amount that might be realised at the time when the determination is made.

7

For any determination under section 1(4) of this Act by virtue of this section, section 2(5) of this Act shall not apply in relation to any of the defendant’s proceeds of drug trafficking taken into account in respect of the current section 1(4) determination.

8

In relation to any such determination—

a

sections 3(4)(a), 4(2) and 5(7) of this Act shall have effect as if for “confiscation order” there were substituted “determination”;

b

section 4(3) of this Act shall have effect as if for “confiscation order is made” there were substituted “determination is made”; and

c

section 5(3) of this Act shall have effect as if for “a confiscation order is made against the defendant” there were substituted “of the determination”.

9

The court may take into account any payment or other reward received by the defendant on or after the date of the current section 1(4) determination, but only if the prosecutor shows that it was received by the defendant in connection with drug trafficking carried on by the defendant or another on or before that date.

10

In considering any evidence under this section which relates to any payment or reward to which subsection (9) above applies, the court shall not make the assumptions which would otherwise be required by section 2 of this Act.

11

If, as a result of making the fresh determination required by subsection (4) above, the amount to be recovered exceeds the amount set by the current section 1(4) determination, the court may substitute for the amount to be recovered under the confiscation order which was made by reference to the current section 1(4) determination such greater amount as it thinks just in all the circumstances of the case.

12

Where the court varies a confiscation order under subsection (11) above, it shall substitute for the term of imprisonment or of detention fixed under section 31(2) of the Powers of Criminal Courts Act 1973 in respect of the amount to be recovered under the order a longer term determined in accordance with that section (as it has effect by virtue of section 6 of this Act) in respect of the greater amount substituted under subsection (11) above.

13

Subsection (12) above shall apply only if the effect of the substitution is to increase the maximum period applicable in relation to the order under section 31(3A) of the Act of 1973.

14

Where a confiscation order has been made in relation to any defendant by virtue of section 4A of this Act, this section shall not apply at any time while he is an absconder.

15

No application shall be entertained by the court under this section if it is made after the end of the period of six years beginning with—

a

the date on which the defendant was convicted; or

b

where he appeared to be sentenced in respect of more than one conviction, and those convictions were not all on the same date, the date of the latest of those convictions.

.

13Availability of powers and satisfaction of orders1

In section 6 of the Drug Trafficking Offences Act 1986 (default in complying with confiscation order: application of procedure for enforcing fines), the following subsection shall be added at the end—

7

Where the defendant serves a term of imprisonment or detention in default of paying any amount due under a confiscation order, his serving that term does not prevent the confiscation order from continuing to have effect, so far as any other method of enforcement is concerned.

.

2

Section 7 of the Act of 1986 (cases in which restraint orders and charging orders may be made) shall be amended as set out in subsections (3) to (5).

3

The following subsection shall be substituted for subsection (1)—

1

The powers conferred on the High Court by sections 8(1) and 9(1) of this Act are exercisable where—

a

proceedings have been instituted in England and Wales against the defendant for a drug trafficking offence or an application has been made by the prosecutor in respect of the defendant under section 16 of the Criminal Justice (International Co-operation) Act 1990 (increase in realisable property) or section 4A, 5A, 5B or 5C of this Act,

b

the proceedings have not, or the application has not, been concluded, and

c

the court is satisfied that there is reasonable cause to believe—

i

in the case of an application under section 5C of this Act or section 16 of the Act of 1990, that the court will be satisfied as mentioned in section 5C(4) of this Act or, as the case may be, section 16(2) of the Act of 1990, or

ii

in any other case, that the defendant has benefited from drug trafficking.

.

4

The following subsection shall be substituted for subsection (2)—

2

Those powers are also exercisable where—

a

the court is satisfied that, whether by the laying of an information or otherwise, a person is to be charged with a drug trafficking offence or that an application of a kind mentioned in subsection (1)(a) above is to be made in respect of the defendant, and

b

the court is also satisfied as mentioned in subsection (1)(c) above.

.

5

The following subsections shall be added at the end—

5

Where the court has made an order under section 8(1) or 9(1) of this Act in relation to a proposed application by virtue of subsection (2) above, the court shall discharge the order if the application is not made within such time as the court considers reasonable.

6

The court shall not exercise powers under section 8(1) or 9(1) of this Act, by virtue of subsection (1) above, if it is satisfied that—

a

there has been undue delay in continuing the proceedings or application in question; or

b

the prosecutor does not intend to proceed.

.

6

In section 8 of the Act of 1986 (restraint orders), the following subsection shall be substituted for subsection (5)—

5

A restraint order—

a

may be discharged or varied in relation to any property, and

b

shall be discharged on the conclusion of the proceedings or of the application in question.

.

7

In section 9 of the Act of 1986 (charging orders), the following subsection shall be substituted for subsection (7)—

7

In relation to a charging order, the court—

a

may make an order discharging or varying it, and

b

shall make an order discharging it—

i

on the conclusion of the proceedings or of the application in question, or

ii

on payment into court of the amount payment of which is secured by the charge.

.

8

In section 11 of the Act of 1986 (realisation of property), the following subsection shall be substituted for subsection (1)—

1

Where a confiscation order—

a

has been made under this Act,

b

is not satisfied, and

c

is not subject to appeal,

the High Court or a county court may, on an application by the prosecutor, exercise the powers conferred by subsections (2) to (6) below.

.

9

In section 15 of the Act of 1986 (bankruptcy of defendant), the following shall be substituted for paragraphs (a) and (b) of subsection (6)—

a

no order shall be made under section 339 or 423 of that Act (avoidance of certain transactions) in respect of the making of the gift at any time when—

i

proceedings for a drug trafficking offence have been instituted against him and have not been concluded;

ii

an application has been made in respect of the defendant under section 4A, 5A, 5B or 5C of this Act or section 16 of the Criminal Justice (International Co-operation) Act 1990 and has not been concluded; or

iii

property of the person to whom the gift was made is subject to a restraint order or charging order; and

b

any order made under section 339 or 423 after the conclusion of the proceedings or of the application shall take into account any realisation under this Act of property held by the person to whom the gift was made.

.

10

In section 16 of the Act of 1986 (sequestration in Scotland), the following shall be substituted for paragraphs (a) and (b) of subsection (6)—

a

no decree shall be granted under section 34 or 36 of that Act (gratuitous alienations and unfair preferences) in respect of the making of the gift at any time when—

i

proceedings for a drug trafficking offence have been instituted against him and have not been concluded;

ii

an application has been made in respect of the defendant under section 4A, 5A, 5B or 5C of this Act or section 16 of the Criminal Justice (International Co-operation) Act 1990 and has not been concluded; or

iii

property of the person to whom the gift was made is subject to a restraint order or charging order; and

b

any decree made under section 34 or 36 after the conclusion of the proceedings or of the application shall take into account any realisation under this Act of property held by a person to whom the gift was made.

.

11

In section 38 of the Act of 1986 (interpretation), the following subsections shall be substituted for subsection (12)—

12

Proceedings for a drug trafficking offence are concluded—

a

when the defendant is acquitted on all counts;

b

if he is convicted on one or more counts, but the court decides not to make a confiscation order against him, when it makes that decision; or

c

if a confiscation order is made against him in those proceedings, when the order is satisfied.

12A

An application under section 4A, 5A or 5B of this Act is concluded—

a

if the court decides not to make a confiscation order against the defendant, when it makes that decision; or

b

if a confiscation order is made against him as a result of that application, when the order is satisfied.

12B

An application under section 16 of the Criminal Justice (International Co-operation) Act 1990 (increase in realisable property) or section 5C of this Act is concluded—

a

if the court decides not to vary the confiscation order in question, when it makes that decision; or

b

if the court varies the confiscation order as a result of the application, when the order is satisfied.

12C

For the purposes of this Act, a confiscation order is satisfied when no amount is due under it.

12D

For the purposes of sections 15 and 16 of this Act, a confiscation order is also satisfied when the defendant in respect of whom it was made has served a term of imprisonment or detention in default of payment of the amount due under the order.

.

Death or absence of defendant
14Defendant who has died or absconded1

The following sections shall be inserted in the Drug Trafficking Offences Act 1986, after section 4—

4APowers of High Court where defendant has died or absconded1

Subsection (2) below applies where a person has been convicted of one or more drug trafficking offences.

2

If the prosecutor asks it to proceed under this section, the High Court may exercise the powers of the Crown Court under this Act to make a confiscation order against the defendant if satisfied that the defendant has died or absconded.

3

Subsection (4) below applies where proceedings for one or more drug trafficking offences have been instituted against a person but have not been concluded.

4

If the prosecutor asks it to proceed under this section, the High Court may exercise the powers of the Crown Court under this Act to make a confiscation order against the defendant if satisfied that the defendant has absconded.

5

The power conferred by subsection (4) above may not be exercised at any time before the end of the period of two years beginning with the date which is, in the opinion of the court, the date on which the defendant absconded.

6

In any proceedings on an application under this section—

a

sections 2(2) and 3(1D), (2) and (3) shall not apply,

b

the court shall not make a confiscation order against a person who has absconded unless it is satisfied that the prosecutor has taken reasonable steps to contact him, and

c

any person appearing to the court to be likely to be affected by the making of a confiscation order by the court shall be entitled to appear before the court and make representations.

4BEffect of conviction where High Court has acted under section 4A1

Where the High Court has made a confiscation order by virtue of section 4A of this Act, the Crown Court shall, in respect of the offence or any of the offences concerned—

a

take account of the order before—

i

imposing any fine on him, or

ii

making any order involving any payment by him, or

iii

making any order under section 27 of the Misuse of Drugs Act 1971 (forfeiture orders) or section 43 of the Powers of Criminal Courts Act 1973 (deprivation orders), and

b

subject to paragraph (a) above, leave the order out of account in determining the appropriate sentence or other manner of dealing with the defendant.

2

Where the High Court has made a confiscation order by virtue of section 4A of this Act and the defendant subsequently appears before the Crown Court to be sentenced in respect of one or more of the offences concerned, section 1(1) of this Act shall not apply so far as his appearance is in respect of that offence or those offences.

.

2

In section 6 of the Act of 1986 (application of procedure for enforcing fines), in subsection (6), after the words “made by”, where they first occur, there shall be inserted “the High Court, by virtue of section 4A of this Act, or by”.

3

The following subsection shall be added at the end of section 6 of the Act of 1986—

8

Where the High Court makes a confiscation order by virtue of section 4A of this Act in relation to a defendant who has died, subsection (1) above shall be read as referring only to sections 31(1) and 32(1) of the Act of 1973.

.

15Compensation

The following sections shall be inserted in the Drug Trafficking Offences Act 1986, after section 19—

19ACompensation etc. where absconder is acquitted1

This section applies where—

a

the High Court has made a confiscation order by virtue of section 4A(4) of this Act, and

b

the defendant is subsequently tried for the offence or offences concerned and acquitted on all counts.

2

The court by which the defendant is acquitted shall cancel the confiscation order.

3

The High Court may, on the application of a person who held property which was realisable property, order compensation to be paid to the applicant if it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order.

4

The amount of compensation to be paid under this section shall be such as the court considers just in all the circumstances of the case.

5

Rules of court may make provision—

a

for the giving of notice of any application under this section; and

b

for any person appearing to the court to be likely to be affected by any exercise of its powers under this section to be given an opportunity to make representations to the court.

6

Any payment of compensation under this section shall be made by the Lord Chancellor out of money provided by Parliament.

7

Where the court cancels a confiscation order under this section it may make such consequential or incidental order as it considers appropriate in connection with the cancellation.

19BPower to discharge confiscation order and order compensation where absconder returns1

This section applies where—

a

the High Court has made a confiscation order by virtue of section 4A(4) of this Act in relation to an absconder,

b

the defendant has ceased to be an absconder, and

c

section 19A of this Act does not apply.

2

The High Court may, on the application of the defendant, cancel the confiscation order if it is satisfied that—

a

there has been undue delay in continuing the proceedings in respect of which the power under section 4A(4) of this Act was exercised; or

b

the prosecutor does not intend to proceed with the prosecution.

3

Where the High Court cancels a confiscation order under this section it may, on the application of a person who held property which was realisable property, order compensation to be paid to the applicant if it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order.

4

The amount of compensation to be paid under this section shall be such as the court considers just in all the circumstances of the case.

5

Rules of court may make provision—

a

for the giving of notice of any application under this section; and

b

for any person appearing to the court to be likely to be affected by any exercise of its powers under this section to be given an opportunity to make representations to the court.

6

Any payment of compensation under this section shall be made by the Lord Chancellor out of money provided by Parliament.

7

Where the court cancels a confiscation order under this section it may make such consequential or incidental order as it considers appropriate in connection with the cancellation.

19CVariation of confiscation orders made by virtue of section 4A1

This section applies where—

a

the High Court has made a confiscation order by virtue of section 4A(4) of this Act, and

b

the defendant has ceased to be an absconder.

2

If the defendant alleges that—

a

the value of his proceeds of drug trafficking in the period by reference to which the determination in question was made (the “original value”), or

b

the amount that might have been realised at the time the confiscation order was made,

was less than the amount ordered to be paid under the confiscation order, he may apply to the High Court for it to consider his evidence.

3

If, having considered that evidence, the court is satisfied that the defendant’s allegation is correct it—

a

shall make a fresh determination under subsection (4) of section 1 of this Act, and

b

may, if it considers it just in all the circumstances, vary the amount to be recovered under the confiscation order.

4

For any determination under section 1 of this Act by virtue of this section, section 2(5) of this Act shall not apply in relation to any of the defendant’s proceeds of drug trafficking taken into account in determining the original value.

5

Where the court varies a confiscation order under this section—

a

it shall substitute for the term of imprisonment or of detention fixed under section 31(2) of the Powers of Criminal Courts Act 1973 in respect of the amount to be recovered under the order a shorter term determined in accordance with that section (as it has effect by virtue of section 6 of this Act) in respect of the lesser amount; and

b

on the application of a person who held property which was realisable property, it may order compensation to be paid to the applicant if—

i

it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order; and

ii

having regard to all the circumstances of the case, the court considers it to be appropriate.

6

The amount of compensation to be paid under this section shall be such as the court considers just in all the circumstances of the case.

7

Rules of court may make provision—

a

for the giving of notice of any application under this section; and

b

for any person appearing to the court to be likely to be affected by any exercise of its powers under this section to be given an opportunity to make representations to the court.

8

Any payment of compensation under this section shall be made by the Lord Chancellor out of money provided by Parliament.

9

No application shall be entertained by the court under this section if it is made after the end of the period of six years beginning with the date on which the confiscation order was made.

.

Offences
16Acquisition, possession or use of proceeds of drug trafficking1

The following section shall be inserted in the Drug Trafficking Offences Act 1986 at the appropriate place—

Acquiring etc. property derived from drug trafficking

23AAcquisition, possession or use of proceeds of drug trafficking1

A person is guilty of an offence if, knowing that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, he acquires or uses that property or has possession of it.

2

It is a defence to a charge of committing an offence under this section that the person charged acquired or used the property or had possession of it for adequate consideration.

3

For the purposes of subsection (2) above—

a

a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property; and

b

a person uses or has possession of property for inadequate consideration if the value of the consideration is significantly less than the value of his use or possession of the property.

4

The provision for any person of services or goods which are of assistance to him in drug trafficking shall not be treated as consideration for the purposes of subsection (2) above.

5

Where a person discloses to a constable a suspicion or belief that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, or discloses to a constable any matter on which such a suspicion or belief is based—

a

the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise; and

b

if he does any act in relation to the property in contravention of subsection (1) above, he does not commit an offence under this section if—

i

the disclosure is made before he does the act concerned and the act is done with the consent of the constable, or

ii

the disclosure is made after he does the act, but on his initiative and as soon as it is reasonable for him to make it.

6

For the purposes of this section, having possession of any property shall be taken to be doing an act in relation to it.

7

In proceedings against a person for an offence under this section, it is a defence to prove that—

a

he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in subsection (5) above, but

b

there is reasonable excuse for his failure to make the disclosure in accordance with paragraph (b) of that subsection.

8

In the case of a person who was in employment at the relevant time, subsections (5) and (7) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.

9

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 to both, or

b

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

10

No constable or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to drug trafficking or the proceeds of such trafficking.

.

2

In section 2(4) of the Act of 1986 (circumstances where assumptions are not to be made), after first “section” there shall be inserted “23A or”.

17Acquisition, possession or use of proceeds of drug trafficking: Scotland1

The following section shall be inserted in the Criminal Justice (Scotland) Act 1987, after section 42—

42AAcquisition, possession or use of proceeds of drug trafficking1

A person is guilty of an offence if, knowing that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, he acquires or uses that property or has possession of it.

2

It is a defence to a charge of committing an offence under this section that the person charged acquired or used the property or had possession of it for adequate consideration.

3

For the purposes of subsection (2) above—

a

a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property; and

b

a person uses or has possession of property for inadequate consideration if the value of the consideration is significantly less than the value of his use or possession of the property.

4

The provision for any person of services or goods which are of assistance to him in drug trafficking shall not be treated as consideration for the purposes of subsection (2) above.

5

Where a person discloses to a constable or to a person commissioned by the Commissioners of Customs and Excise a suspicion or belief that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, or discloses to a constable or a person so commissioned any matter on which such a suspicion or belief is based—

a

the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise; and

b

if he does any act in relation to the property in contravention of subsection (1) above, he does not commit an offence under this section if—

i

the disclosure is made before he does the act concerned and the act is done with the consent of the constable or person so commissioned, or

ii

the disclosure is made after he does the act, but on his initiative and as soon as it is reasonable for him to make it.

6

For the purposes of this section having possession of any property shall be taken to be doing an act in relation to it.

7

In proceedings against a person for an offence under this section, it is a defence to prove that—

a

he intended to disclose to a constable or a person so commissioned such a suspicion, belief or matter as is mentioned in subsection (5) above; but

b

there is reasonable excuse for his failure to make the disclosure in accordance with paragraph (b) of that subsection.

8

In the case of a person who was in employment at the relevant time, subsections (5) and (7) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable or a person so commissioned.

9

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 to a fine not exceeding the statutory maximum or to both; or

b

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

10

No constable, person so commissioned or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to drug trafficking or the proceeds of such trafficking.

.

2

In section 3(3) of the Act of 1987 (circumstances where assumptions are not to be made), after the word “section” where it first occurs there shall be inserted the words “42A or”.

18Offences in connection with laundering money from drug trafficking1

The following sections shall be inserted in the Drug Trafficking Offences Act 1986, after section 26A—

Offences in connection with money laundering

26BFailure to disclose knowledge or suspicion of money laundering1

A person is guilty of an offence if—

a

he knows, or suspects, that another person is engaged in drug money laundering,

b

the information, or other matter, on which that knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment, and

c

he does not disclose the information or other matter to a constable as soon as is reasonably practicable after it comes to his attention.

2

Subsection (1) above does not make it an offence for a professional legal adviser to fail to disclose any information or other matter which has come to him in privileged circumstances.

3

It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.

4

Where a person discloses to a constable—

a

his suspicion or belief that another person is engaged in drug money laundering, or

b

any information or other matter on which that suspicion or belief is based,

the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.

5

Without prejudice to subsection (3) or (4) above, in the case of a person who was in employment at the relevant time, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.

6

A disclosure to which subsection (5) above applies shall not be treated as a breach of any restriction imposed by statute or otherwise.

7

In this section, “drug money laundering” means doing any act which constitutes an offence under—

a

section 23A or 24 of this Act; or

b

section 14 of the Criminal Justice (International Co-operation) Act 1990 (concealing or transferring proceeds of drug trafficking);

or, in the case of an act done otherwise than in England and Wales, would constitute such an offence if done in England and Wales.

8

For the purposes of subsection (7) above, having possession of any property shall be taken to be doing an act in relation to it.

9

For the purposes of this section, any information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated, or given, to him—

a

by, or by a representative of, a client of his in connection with the giving by the adviser of legal advice to the client;

b

by, or by a representative of, a person seeking legal advice from the adviser; or

c

by any person—

i

in contemplation of, or in connection with, legal proceedings; and

ii

for the purpose of those proceedings.

10

No information or other matter shall be treated as coming to a professional legal adviser in privileged circumstances if it is communicated or given with a view to furthering any criminal purpose.

11

A person guilty of an offence under this section shall be liable—

a

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

b

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

26CTipping-off1

A person is guilty of an offence if—

a

he knows or suspects that a constable is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted into drug money laundering, and

b

he discloses to any other person information or any other matter which is likely to prejudice that investigation, or proposed investigation.

2

A person is guilty of an offence if—

a

he knows or suspects that a disclosure (“the disclosure”) has been made to a constable under section 23A, 24 or 26B of this Act, and

b

he discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.

3

A person is guilty of an offence if—

a

he knows or suspects that a disclosure of a kind mentioned in section 23A(8), 24(4A) or 26B(5) of this Act (“the disclosure”) has been made, and

b

he discloses to any person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.

4

Nothing in subsections (1) to (3) above makes it an offence for a professional legal adviser to disclose any information or other matter—

a

to, or to a representative of, a client of his in connection with the giving by the adviser of legal advice to the client; or

b

to any person—

i

in contemplation of, or in connection with, legal proceedings; and

ii

for the purpose of those proceedings.

5

Subsection (4) above does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.

6

In proceedings against a person for an offence under subsection (1), (2) or (3) above, it is a defence to prove that he did not know or suspect that the disclosure was likely to be prejudicial in the way mentioned in that subsection.

7

In this section “drug money laundering” has the same meaning as in section 26B of this Act.

8

A person guilty of an offence under this section shall be liable—

a

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

b

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

9

No constable or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to drug trafficking or the proceeds of such trafficking.

.

2

In section 24 of the Drug Trafficking Offences Act 1986 (assisting another to retain the benefit of drug trafficking), in subsection (3)(a) for the word “contract” there shall be substituted “statute or otherwise”.

3

In section 24 of the Act of 1986, the following subsection shall be inserted after subsection (4)—

4A

In the case of a person who was in employment at the relevant time, subsections (3) and (4) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.

.

19Offences in connection with laundering money from drug trafficking: Scotland1

The following sections shall be inserted after section 43 of the Criminal Justice (Scotland) Act 1987—

43AFailure to disclose knowledge or suspicion of money laundering1

A person is guilty of an offence if—

a

he knows, or suspects, that another person is engaged in drug money laundering,

b

the information, or other matter, on which that knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment, and

c

he does not disclose the information or other matter to a constable or to a person commissioned by the Commissioners of Customs and Excise as soon as is reasonably practicable after it comes to his attention.

2

Subsection (1) above does not make it an offence for a professional legal adviser to fail to disclose any information or other matter which has come to him in privileged circumstances.

3

It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.

4

Where a person discloses to a constable or a person so commissioned—

a

his suspicion or belief that another person is engaged in drug money laundering, or

b

any information or other matter on which that suspicion or belief is based,

the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.

5

Without prejudice to subsection (3) or (4) above, in the case of a person who was in employment at the relevant time, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.

6

A disclosure to which subsection (5) above applies shall not be treated as a breach of any restriction imposed by statute or otherwise.

7

In this section “drug money laundering” means doing any act which constitutes an offence under—

a

section 42A or 43 of this Act; or

b

section 14 of the Criminal Justice (International Co-operation) Act 1990 (concealing or transferring proceeds of drug trafficking),

or, in the case of an act done otherwise than in Scotland, would constitute such an offence if done in Scotland.

8

For the purposes of subsection (7) above, having possession of any property shall be taken to be doing an act in relation to it.

9

For the purposes of this section, any information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated, or given, to him—

a

by, or by a representative of, a client of his in connection with the giving by the adviser of legal advice to the client;

b

by, or by a representative of, a person seeking legal advice from the adviser; or

c

by any person—

i

in contemplation of, or in connection with, legal proceedings; and

ii

for the purpose of those proceedings.

10

No information or other matter shall be treated as coming to a professional legal adviser in privileged circumstances if it is communicated or given with a view to furthering any criminal purpose.

11

A person guilty of an offence under this section shall be liable—

a

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

b

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

43BTipping-off1

A person is guilty of an offence if—

a

he knows or suspects that a constable or a person commissioned by the Commissioners of Customs and Excise is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted into drug money laundering within the meaning of subsections (7) and (8) of section 43A of this Act; and

b

he discloses to any other person information or any other matter which is likely to prejudice that investigation, or proposed investigation.

2

A person is guilty of an offence if—

a

he knows or suspects that a disclosure has been made to a constable, or a person so commissioned, under section 42A, 43 or 43A of this Act; and

b

he discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.

3

A person is guilty of an offence if—

a

he knows or suspects that a disclosure of a kind mentioned in section 42A(8), 43(4A) or 43A(5) of this Act has been made; and

b

he discloses to any person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.

4

Nothing in subsections (1) to (3) above makes it an offence for a professional legal adviser to disclose any information or other matter—

a

to, or to a representative of, a client of his in connection with the giving by the adviser of legal advice to the client; or

b

to any person—

i

in contemplation of, or in connection with, legal proceedings; and

ii

for the purpose of those proceedings.

5

Subsection (4) above does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.

6

In proceedings against a person for an offence under subsection (1), (2) or (3) above, it is a defence to prove that he did not know or suspect that the disclosure was likely to be prejudicial in the way mentioned in that subsection.

7

A person guilty of an offence under this section shall be liable—

a

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

b

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

8

No constable, person so commissioned or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to drug trafficking or the proceeds of such trafficking.

.

2

In section 43 of the Act of 1987 (assisting another to retain the proceeds of drug trafficking)—

a

in subsection (3), after the words “trafficking or” there shall be inserted the words “discloses to a constable or a person so commissioned”; and

b

in paragraph (a) of subsection (3), for the word “contract” there shall be substituted “statute or otherwise”.

3

After subsection (4) of that section, there shall be inserted the following subsection—

4A

In the case of a person who was in employment at the relevant time, subsections (3) and (4) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable or a person commissioned as aforesaid.

.

20Prosecution by order of the Commissioners of Customs and Excise1

The following section shall be inserted in the Drug Trafficking Offences Act 1986, after section 36—

36AProsecution by order of the Commissioners of Customs and Excise1

Proceedings for an offence to which this section applies (“a specified offence”) may be instituted by order of the Commissioners.

2

Any proceedings for a specified offence which are so instituted shall be commenced in the name of an officer.

3

In the case of the death, removal, discharge or absence of the officer in whose name any proceedings for a specified offence were commenced, those proceedings may be continued by another officer.

4

Where the Commissioners investigate, or propose to investigate, any matter with a view to determining—

a

whether there are grounds for believing that a specified offence has been committed, or

b

whether a person should be prosecuted for a specified offence,

that matter shall be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979.

5

Nothing in this section shall be taken—

a

to prevent any person (including any officer) who has power to arrest, detain or prosecute any person for a specified offence from doing so; or

b

to prevent a court from proceeding to deal with a person brought before it following his arrest by an officer for a specified offence, even though the proceedings have not been instituted by an order made under subsection (1) above.

6

In this section—

“the Commissioners” means the Commissioners of Customs and Excise;

“officer” means a person commissioned by the Commissioners; and

“specified offence” means—

a

an offence under section 23A, 24, 26B, 26C or 31 of this Act or section 14 of the Criminal Justice (International Co-operation) Act 1990 (concealing or transferring proceeds of drug trafficking);

b

attempting to commit, conspiracy to commit or incitement to commit, any such offence; or

c

any other offence of a kind prescribed in regulations made by the Secretary of State for the purposes of this section.

7

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

8

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

.

2

The following section shall be inserted in the Criminal Justice (Scotland) Act 1987, after section 40—

40AProsecution by order of the Commissioners of Customs and Excise1

Summary proceedings for a specified offence may be instituted by order of the Commissioners and shall, if so instituted, be commenced in the name of an officer.

2

In the case of the death, removal, discharge or absence of the officer in whose name any proceedings for a specified offence were commenced, those proceedings may be continued by another officer.

3

Where the Commissioners investigate, or propose to investigate, any matter with a view to determining—

a

whether there are grounds for believing that a specified offence has been committed, or

b

whether a person should be prosecuted for a specified offence,

that matter shall be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979.

4

Nothing in this section shall be taken—

a

to prevent any person (including any officer) who has power to arrest, detain or prosecute any person for a specified offence from doing so; or

b

to prevent a court from proceeding to deal with a person brought before it following his arrest by an officer for a specified offence, even though the proceedings have not been instituted by an order made under subsection (1) above.

5

In this section—

“the Commissioners” means the Commissioners of Customs and Excise;

“officer” means a person commissioned by the Commissioners; and

“specified offence” means—

a

an offence under section 42, 42A, 43, 43A or 43B of this Act or section 14 of the Criminal Justice (International Co-operation) Act 1990 (concealing or transferring proceeds of drug trafficking);

b

attempting to commit, conspiracy to commit or incitement to commit, any such offence; or

c

any other offence of a kind prescribed in regulations made by the Secretary of State for the purposes of this section.

6

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

.

Enforcement
21Enforcement of certain orders1

In section 9 of the Criminal Justice (International Co-operation) Act 1990 (enforcement of overseas forfeiture orders), in subsection (1)(b), the words “or intended for use” shall be inserted after “used”.

2

In section 24A of the Drug Trafficking Offences Act 1986 (recognition and enforcement of certain orders), the following shall be substituted for subsection (6)—

6

An Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

.

3

The same subsection as is inserted in section 24A of the Act of 1986 by subsection (2) shall be inserted in—

a

section 25 of that Act (but in substitution for subsection (4));

b

section 26 of that Act (but in substitution for subsection (5));

c

section 29 of the Criminal Justice (Scotland) Act 1987 (but in substitution for subsection (4));

d

section 30 of the Act of 1987 (but in substitution for subsection (5));

e

section 94 of the Criminal Justice Act 1988 (but in substitution for subsection (4));

f

section 95 of the Act of 1988 (but in substitution for subsection (3));

g

section 96 of the Act of 1988 (but in substitution for subsection (5));

h

section 9 of the Criminal Justice (International Co-operation) Act 1990 (but in substitution for subsection (5)).

22Enforcement of Northern Ireland orders: drug trafficking1

In section 25 of the Drug Trafficking Offences Act 1986 (enforcement of Northern Ireland orders), in subsection (1), for “19” there shall be substituted “18” and the following subsection shall be inserted after subsection (3)—

3A

An Order in Council under this section may, in particular, provide for section 18 of the 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.

.

2

In section 29 of the Criminal Justice (Scotland) Act 1987 (enforcement of Northern Ireland orders), the following subsection shall be inserted after subsection (3)—

3A

An Order in Council under this section may, in particular, provide for section 18 of the 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.

.

23Transfer of certain enforcement powers to the Commissioners of Customs and Excise1

The functions of the Secretary of State under section 20 of the Criminal Justice (International Co-operation) Act 1990 (enforcement powers in relation to ships) are transferred to the Commissioners of Customs and Excise.

2

The following consequential amendments shall be made in the Act of 1990—

a

in section 20, for “Secretary of State”, “he” and “his”, wherever they occur, there shall be substituted, respectively, “Commissioners of Customs and Excise”, “they” and “their”;

b

in section 21(3), for “ Secretary of State”, where first occurring, there shall be substituted “Commissioners of Customs and Excise”; and

c

in paragraph 2(2) of Schedule 3, for “Secretary of State” there shall be substituted “Commissioners of Customs and Excise”.

3

The transfer of functions effected by this section shall not affect the validity of any action taken or begun under section 20 of the Act of 1990 before the coming into force of this section.

Miscellaneous
24Miscellaneous amendments1

In section 8(6) of the Drug Trafficking Offences Act 1986 (restraint orders), for “the court may” there shall be substituted “the High Court or a county court may”.

2

In sections 12(1) and (2), 13(1), 15(2), 16(2), 17(2) and 19(2)(b)(i) of that Act after “High Court” there shall be inserted, in each case, “or a county court”.

3

In section 17A(2) of that Act (expenses of insolvency practitioner dealing with property subject to restraint order), for “(3)(za)” there shall be substituted “(4)”.

4

In section 18(2) of that Act (remuneration and expenses of receiver), for “(3B)” there shall be substituted “(5)”.

5

In section 27 of that Act (application for an order to make material available), in subsection (8) for “this section” there shall be substituted “subsection (1) above” and the following subsection shall be added at the end—

10

An application under subsection (1) or (5) above may be made ex parte to a judge in chambers.

.

6

In section 27(5) of that Act the words “or, as the case may be, the sheriff” (which are spent) shall be omitted.

7

Section 38(1) of that Act (interpretation) shall be amended in accordance with subsections (8) and (9).

8

In the definition of “drug trafficking”, in paragraph (d), the words “or would be such an offence if it took place in England and Wales” shall be inserted at the end and the following paragraphs shall be inserted after paragraph (d)—

e

acquiring, having possession of or using property in circumstances which amount to the commission of an offence under section 23A of this Act or which would be such an offence if it took place in England and Wales;

f

conduct which is an offence under section 14 (concealing or transferring proceeds of drug trafficking) of the Criminal Justice (International Co-operation) Act 1990 or which would be such an offence if it took place in England and Wales;

g

using any ship for illicit traffic in controlled drugs in circumstances which amount to the commission of an offence under section 19 of the Act of 1990;

.

9

In the definition of “drug trafficking offence”, the following paragraph shall be inserted after paragraph (c)—

cc

an offence under section 23A of this Act;

.

10

In section 18(4A) of the Civil Jurisdiction and Judgments Act 1982 (enforcement of United Kingdom judgments in other parts of the United Kingdom), after “High Court” there shall be inserted “or a county court”.

11

In section 116(2)(aa) of the Police and Criminal Evidence Act 1984 (drug trafficking offences to be arrestable offences that are always serious), for “(d)” there shall be substituted “(dd)”.

12

Section 1 of the Criminal Justice (Scotland) Act 1987 (confiscation orders in relation to drug trafficking offences) shall be amended in accordance with subsections (13) to (15).

13

In subsection (2) (offences in relation to which confiscation orders may be made), the following paragraph shall be inserted after paragraph (b)—

bb

an offence under section 42A of this Act;

.

14

In subsection (6) (definition of “drug trafficking”), after paragraph (e) there shall be inserted the following paragraphs—

f

acquiring, having possession of or using property in contravention of section 42A of this Act;

g

concealing or transferring the proceeds of drug trafficking in contravention of section 14 of the Act of 1990;

h

using any ship for illicit traffic in controlled drugs in contravention of section 19 of the Act of 1990;

.

15

After subsection (6) there shall be inserted the following subsection—

7

In paragraphs (e) to (g) of subsection (6) above, references to conduct in contravention of the enactments mentioned in those paragraphs include conduct which would contravene the enactments if it took place in Scotland.

.

25Appeal against order forfeiting drug trafficking cash1

The following sections shall be inserted in the Criminal Justice (International Co-operation) Act 1990, after section 26—

26AAppeal against section 26 order1

This section applies where an order for the forfeiture of cash (“the forfeiture order”) is made under section 26 above by a magistrates' court.

2

Any party to the proceedings in which the forfeiture order is made (other than the applicant for the order) may, before the end of the period of 30 days beginning with the date on which it is made, appeal to the Crown Court or, in Northern Ireland, to a county court.

3

An appeal under this section shall be by way of a rehearing.

4

On an application made by the appellant to a magistrates' court at any time, that court may order the release of so much of the cash to which the forfeiture order relates as it considers appropriate to enable him to meet his legal expenses in connection with the appeal.

5

The court hearing an appeal under this section may make such order as it considers appropriate.

6

If it upholds the appeal, the court may order the release of the cash, or (as the case may be) the remaining cash, together with any accrued interest.

7

Section 26(3) applies in relation to a rehearing on an appeal under this section as it applies to proceedings under section 26.

26BAppeal against section 26 order: Scotland

Any party to proceedings in which an order for the forfeiture of cash is made by the sheriff under section 26 above may appeal against the order to the Court of Session.

.

2

The Act of 1990 shall be further amended as follows.

3

In section 26 (forfeiture of drug trafficking cash), after subsection (3) there shall be inserted the following subsection—

4

Proceedings on an application under this section to the sheriff shall be civil proceedings.

.

4

In section 28 (procedure), the words “or appeals” shall be inserted after the word “applications” in each place where it occurs in subsection (2).

5

In section 30 (forfeited cash to be paid into the Consolidated Fund), the following subsection shall be added at the end—

3

Subsection (2) above does not apply—

a

where an appeal is made under section 26A or 26B above, before the appeal is determined or otherwise disposed of; and

b

in any other case—

i

where the forfeiture was ordered by a magistrates' court, before the end of the period of 30 days mentioned in section 26A(2); or

ii

where the forfeiture was ordered by the sheriff, before the end of any period within which, in accordance with rules of court, an appeal under section 26B must be made.

.

6

The amendments made by this section apply only in relation to orders under section 26 of the Act of 1990 made on or after the date on which this section comes into force.

26Disclosure of information etc. received in privileged circumstances1

In section 31 of the Drug Trafficking Offences Act 1986 (offence of prejudicing investigation), the following subsections shall be inserted after subsection (2)—

2A

Nothing in subsection (1) above makes it an offence for a professional legal adviser to disclose any information or other matter—

a

to, or to a representative of, a client of his in connection with the giving by the adviser of legal advice to the client; or

b

to any person—

i

in contemplation of, or in connection with, legal proceedings; and

ii

for the purpose of those proceedings.

2B

Subsection (2A) above does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.

.

2

The same subsections as are inserted in section 31 of the Act of 1986 by subsection (1) shall be inserted in section 42 of the Criminal Justice (Scotland) Act 1987 (corresponding Scottish provision).

PART IIIPROCEEDS OF CRIMINAL CONDUCTConfiscation orders
27Confiscation orders1

Section 71 of the Criminal Justice Act 1988 (confiscation orders) shall be amended as follows.

2

The following subsection shall be inserted after subsection (7)—

7A

The standard of proof required to determine any question arising under this Part of this Act as to—

a

whether a person has benefited as mentioned in subsection (2)(b)(i) above;

b

whether his benefit is at least the minimum amount; or

c

the amount to be recovered in his case by virtue of section 72 below,

shall be that applicable in civil proceedings.

.

3

The following subsection shall be inserted at the end—

10

Subsection (9) above is subject to section 93E below.

.

28Postponed determinations

The following section shall be inserted in the Criminal Justice Act 1988, after section 72—

72APostponed determinations1

Where a court is acting under section 71 above but considers that it requires further information before—

a

determining whether the defendant has benefited as mentioned in section 71(2)(b)(i) above;

b

determining whether his benefit is at least the minimum amount; or

c

determining the amount to be recovered in his case by virtue of section 72 above,

it may, for the purpose of enabling that information to be obtained, postpone making that determination for such period as it may specify.

2

More than one postponement may be made under subsection (1) above in relation to the same case.

3

Unless it is satisfied that there are exceptional circumstances, the court shall not specify a period under subsection (1) above which—

a

by itself; or

b

where there have been one or more previous postponements under subsection (1) above or (4) below, when taken together with the earlier specified period or periods,

exceeds six months beginning with the date of conviction.

4

Where the defendant appeals against his conviction, the court may, on that account—

a

postpone making any of the determinations mentioned in subsection (1) above for such period as it may specify; or

b

where it has already exercised its powers under this section to postpone, extend the specified period.

5

A postponement or extension under subsection (1) or (4) above may be made—

a

on application by the defendant or the prosecutor; or

b

by the court of its own motion.

6

Unless the court is satisfied that there are exceptional circumstances, any postponement or extension under subsection (4) above shall not exceed the period ending three months after the date on which the appeal is determined or otherwise disposed of.

7

Where the court exercises its power under subsection (1) or (4) above, it may nevertheless proceed to sentence, or otherwise deal with, the defendant in respect of the offence or any of the offences concerned.

8

Where the court has so proceeded, section 72 above shall have effect as if—

a

in subsection (4), the words from “before sentencing” to “offences concerned” were omitted; and

b

in subsection (5), after “determining” there were inserted “in relation to any offence in respect of which he has not been sentenced or otherwise dealt with”.

9

In sentencing, or otherwise dealing with, the defendant in respect of the offence, or any of the offences, concerned at any time during the specified period, the court shall not—

a

impose any fine on him; or

b

make any such order as is mentioned in section 72(5)(b) or (c) above.

10

In this section, references to an appeal include references to an application under section 111 of the Magistrates' Courts Act 1980 (statement of case by magistrates' court).

11

In this section “the date of conviction” means—

a

the date on which the defendant was convicted of the offence concerned, or

b

where he was convicted in the same proceedings, but on different dates, of two or more offences which may be taken together for the purposes of subsection (2) or, as the case may be, (3) of section 71 above, the date of the latest of those convictions.

.

Money laundering and other offences
29Assisting another to retain the benefit of criminal conduct1

The following section shall be inserted in the Criminal Justice Act 1988, after section 93—

Money laundering and other offences

93AAssisting another to retain the benefit of criminal conduct1

Subject to subsection (3) below, if a person enters into or is otherwise concerned in an arrangement whereby—

a

the retention or control by or on behalf of another (“A”) of A’s proceeds of criminal conduct is facilitated (whether by concealment, removal from the jurisdiction, transfer to nominees or otherwise); or

b

A’s proceeds of criminal conduct—

i

are used to secure that funds are placed at A’s disposal; or

ii

are used for A’s benefit to acquire property by way of investment,

knowing or suspecting that A is a person who is or has been engaged in criminal conduct or has benefited from criminal conduct, he is guilty of an offence.

2

In this section, references to any person’s proceeds of criminal conduct include a reference to any property which in whole or in part directly or indirectly represented in his hands his proceeds of criminal conduct.

3

Where a person discloses to a constable a suspicion or belief that any funds or investments are derived from or used in connection with criminal conduct or discloses to a constable any matter on which such a suspicion or belief is based—

a

the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise; and

b

if he does any act in contravention of subsection (1) above and the disclosure relates to the arrangement concerned, he does not commit an offence under this section if—

i

the disclosure is made before he does the act concerned and the act is done with the consent of the constable; or

ii

the disclosure is made after he does the act, but is made on his initiative and as soon as it is reasonable for him to make it.

4

In proceedings against a person for an offence under this section, it is a defence to prove—

a

that he did not know or suspect that the arrangement related to any person’s proceeds of criminal conduct; or

b

that he did not know or suspect that by the arrangement the retention or control by or on behalf of A of any property was facilitated or, as the case may be, that by the arrangement any property was used, as mentioned in subsection (1) above; or

c

that—

i

he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in subsection (3) above in relation to the arrangement; but

ii

there is reasonable excuse for his failure to make disclosure in accordance with subsection (3)(b) above.

5

In the case of a person who was in employment at the relevant time, subsections (3) and (4) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.

6

A person guilty of an offence under this section shall be liable—

a

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

b

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

7

In this Part of this Act “criminal conduct” means conduct which constitutes an offence to which this Part of this Act applies or would constitute such an offence if it had occurred in England and Wales or (as the case may be) Scotland.

.

2

In section 102(1) of the Act of 1988 (interpretation of Part VI), the following definition shall be inserted after the definition of “interest”—

“proceeds of criminal conduct”, in relation to any person who has benefited from criminal conduct, means that benefit;

.

3

In section 102(2) of the Act of 1988, the following entry shall be inserted in the table after the entry relating to section 71(9)(a)—

Criminal conduct

Section 93A(7)

.

30Acquisition, possession or use of proceeds of criminal conduct

The following section shall be inserted in the Criminal Justice Act 1988, after section 93A—

93BAcquisition, possession or use of proceeds of criminal conduct1

A person is guilty of an offence if, knowing that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of criminal conduct, he acquires or uses that property or has possession of it.

2

It is a defence to a charge of committing an offence under this section that the person charged acquired or used the property or had possession of it for adequate consideration.

3

For the purposes of subsection (2) above—

a

a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property; and

b

a person uses or has possession of property for inadequate consideration if the value of the consideration is significantly less than the value of his use or possession of the property.

4

The provision for any person of services or goods which are of assistance to him in criminal conduct shall not be treated as consideration for the purposes of subsection (2) above.

5

Where a person discloses to a constable a suspicion or belief that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of criminal conduct or discloses to a constable any matter on which such a suspicion or belief is based—

a

the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise; and

b

if he does any act in relation to that property in contravention of subsection (1) above, he does not commit an offence under this section if—

i

the disclosure is made before he does the act concerned and the act is done with the consent of the constable; or

ii

the disclosure is made after he does the act, but on his initiative and as soon as it is reasonable for him to make it.

6

For the purposes of this section, having possession of any property shall be taken to be doing an act in relation to it.

7

In proceedings against a person for an offence under this section, it is a defence to prove that—

a

he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in subsection (5) above; but

b

there is reasonable excuse for his failure to make the disclosure in accordance with paragraph (b) of that subsection.

8

In the case of a person who was in employment at the relevant time, subsections (5) and (7) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.

9

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 to both; or

b

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

10

No constable or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to criminal conduct or the proceeds of such conduct.

.

31Concealing or transferring proceeds of criminal conduct

The following section shall be inserted in the Criminal Justice Act 1988, after section 93B—

93CConcealing or transferring proceeds of criminal conduct1

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 criminal conduct; or

b

converts or transfers that property or removes it from the jurisdiction,

for the purpose of avoiding prosecution for an offence to which this Part of this Act applies 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 criminal conduct, 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 an offence to which this Part of this Act applies or the making or enforcement in his case of a confiscation order.

3

In subsections (1) and (2) 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.

4

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 to both; or

b

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

.

32Tipping-off

The following section shall be inserted in the Criminal Justice Act 1988, after section 93C—

93DTipping-off1

A person is guilty of an offence if—

a

he knows or suspects that a constable is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted into money laundering; and

b

he discloses to any other person information or any other matter which is likely to prejudice that investigation, or proposed investigation.

2

A person is guilty of an offence if—

a

he knows or suspects that a disclosure (“the disclosure”) has been made to a constable under section 93A or 93B above; and

b

he discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.

3

A person is guilty of an offence if—

a

he knows or suspects that a disclosure of a kind mentioned in section 93A(5) or 93B(8) above (“the disclosure”) has been made; and

b

he discloses to any person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.

4

Nothing in subsections (1) to (3) above makes it an offence for a professional legal adviser to disclose any information or other matter—

a

to, or to a representative of, a client of his in connection with the giving by the adviser of legal advice to the client; or

b

to any person—

i

in contemplation of, or in connection with, legal proceedings; and

ii

for the purpose of those proceedings.

5

Subsection (4) above does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.

6

In proceedings against a person for an offence under subsection (1), (2) or (3) above, it is a defence to prove that he did not know or suspect that the disclosure was likely to be prejudicial in the way mentioned in that subsection.

7

In this section “money laundering” means doing any act which constitutes an offence under section 93A, 93B or 93C above or, in the case of an act done otherwise than in England and Wales or Scotland, would constitute such an offence if done in England and Wales or (as the case may be) Scotland.

8

For the purposes of subsection (7) above, having possession of any property shall be taken to be doing an act in relation to it.

9

A person guilty of an offence under this section shall be liable—

a

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

b

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

10

No constable or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to an offence to which this Part of this Act applies.

.

33Application to Scotland of sections 93A to 93D of 1988 Act

The following section shall be inserted in the Criminal Justice Act 1988, after section 93D—

93EApplication of sections 93A to 93D to Scotland

In the application of sections 93A to 93D above to Scotland—

“offence to which this Part of this Act applies” means an offence triable on indictment (whether or not such offence is also triable summarily) other than—

a

an offence to which section 1 of the Criminal Justice (Scotland) Act 1987 (confiscation of proceeds of drug trafficking) relates; or

b

an offence under Part III of the Prevention of Terrorism (Temporary Provisions) Act 1989; and

“proceeds of criminal conduct” does not include—

a

proceeds of drug trafficking (“drug trafficking” having the meaning assigned by section 1(6) of the said Act of 1987); or

b

terrorist funds within the meaning of section 11 of the said Act of 1989.

.

34Enforcement of Northern Ireland orders: proceeds of criminal conduct1

In section 94 of the Criminal Justice Act 1988 (enforcement of Northern Ireland orders), in subsection (1), for “89” there shall be substituted “88” and the following subsection shall be inserted after subsection (3)—

3A

An Order in Council under this section may, in particular, provide for section 18 of the 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.

.

2

In section 95 of the Act of 1988 (enforcement of Northern Ireland orders in Scotland), the following subsection shall be inserted after subsection (2)—

2A

An Order in Council under this section may, in particular, provide for section 18 of the 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.

.

35Prosecution by order of the Commissioners of Customs and Excise

The following section shall be inserted in the Criminal Justice Act 1988, after section 93E—

93FProsecution by order of the Commissioners of Customs and Excise1

Proceedings for an offence to which this section applies (“a specified offence”) may be instituted by order of the Commissioners.

2

Any proceedings for a specified offence which are so instituted shall be commenced in the name of an officer.

3

In the case of the death, removal, discharge or absence of the officer in whose name any proceedings for a specified offence were commenced, those proceedings may be continued by another officer.

4

Where the Commissioners investigate, or propose to investigate, any matter with a view to determining—

a

whether there are grounds for believing that a specified offence has been committed; or

b

whether a person should be prosecuted for a specified offence;

that matter shall be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979.

5

Nothing in this section shall be taken—

a

to prevent any person (including any officer) who has power to arrest, detain or prosecute any person for a specified offence from doing so; or

b

to prevent a court from proceeding to deal with a person brought before it following his arrest by an officer for a specified offence, even though the proceedings have not been instituted by an order made under subsection (1) above.

6

In this section—

“the Commissioners” means the Commissioners of Customs and Excise;

“officer” means a person commissioned by the Commissioners;

“proceedings”, as respects Scotland, means summary proceedings; and

“specified offence” means—

a

any offence under sections 93A to 93D above;

b

attempting to commit, conspiracy to commit or incitement to commit any such offence; or

c

any other offence of a kind prescribed in regulations made by the Secretary of State for the purposes of this section.

7

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

8

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

.

PART IVFINANCING ETC. OF TERRORISMAmendments of the 1991 Act
36Confiscation orders1

In section 47(7) of the Northern Ireland (Emergency Provisions) Act 1991 (confiscation orders), for “the amount that might then be so realised” there shall be substituted

a

the amount that might then be so realised, or

b

a nominal amount, where it appears to the court (on the information available to it at the time) that the amount that might then be so realised is nil

.

2

In section 47 of the Act of 1991, the following subsection shall be added at the end—

9

The standard of proof required to determine any question arising under this Part of this Act as to—

a

whether a person has benefited from terrorist-related activities engaged in by him or another;

b

the value of his proceeds of those activities;

c

any matter of which the court must be satisfied under subsection (5) above; or

d

the amount to be required to be paid under a confiscation order made in his case,

shall be that applicable in civil proceedings.

.

3

Section 48 of that Act (postponed confiscation orders etc.) shall be amended as follows.

4

In subsection (2), for “a period not exceeding six months after the date of conviction” there shall be substituted “such period as it may specify”.

5

After subsection (2) there shall be inserted—

2A

More than one postponement may be made under subsection (2) above in relation to the same case.

2B

Unless it is satisfied that there are exceptional circumstances, the court shall not specify a period under subsection (2) above which—

a

by itself, or

b

where there have been one or more previous postponements under subsection (2) above or (3) below, when taken together with the earlier specified period or periods,

exceeds six months beginning with the date on which the defendant was convicted.

.

6

In subsection (3) the words “during the period of postponement” shall cease to have effect and for the words from “on the application of the prosecution” to the end there shall be substituted—

on that account—

a

postpone making the confiscation order for such period as it may specify, or

b

where it has already exercised its powers under this section to postpone, extend the specified period;

but, without prejudice to Article 11 of the Treatment of Offenders (Northern Ireland) Order 1989, the court may notwithstanding any postponement under this section proceed to sentence or otherwise deal with the defendant in respect of the conviction.

.

7

After subsection (3) there shall be inserted—

3A

A postponement or extension under subsection (2) or (3) above may be made—

a

on application by the defendant or the prosecution, or

b

by the court of its own motion.

3B

Unless the court is satisfied that there are exceptional circumstances, any postponement or extension under subsection (3) above shall not exceed the period ending three months after the date of determination of the appeal.

.

37Revised assessments

The following sections shall be inserted in the Northern Ireland (Emergency Provisions) Act 1991, after section 48—

48ARe-assessment of whether defendant has benefited1

This section applies where—

a

a court proceeding under section 47(1) above decided not to make a confiscation order (“the decision”); and

b

the statement made by the court under section 48(8) above was to the effect that the reason, or one of the reasons, for the decision was that the court was not satisfied that the defendant had benefited.

2

If the prosecution has evidence—

a

which was not considered by the court, but

b

which the prosecution believes would have led the court to decide that the defendant had benefited,

the prosecution may apply to the Crown Court for it to consider that evidence.

3

If, having considered the evidence, the court considers that it would have been satisfied that the defendant had benefited if that evidence had been available to it, section 47 shall apply as if the court were convicting the defendant.

4

The court may take into account any money or other property obtained by the defendant on or after the date of the decision, but only if the prosecution shows that it was obtained by him as a direct or indirect result of terrorist-related activities carried on by the defendant or another on or before that date.

5

In considering any evidence under this section which relates to any money or other property to which subsection (4) above applies, the court shall not make the assumptions which would otherwise be required by section 51 below.

6

No application shall be entertained by the court under this section if it is made after the end of the period of six years beginning with the date on which the defendant was convicted.

7

Subsections (1) to (7) of section 48 above shall not apply where the court is proceeding under section 47 above by virtue of this section.

8

Where the court—

a

has, in dealing with the defendant in respect of the conviction or any of the convictions concerned, made an order for the payment of compensation under Article 3 of the Order of 1980, and

b

makes a confiscation order by virtue of this section,

it shall, if it is of the opinion that the defendant will not have sufficient means to satisfy both orders in full, direct that so much of the compensation as will not in its opinion be recoverable because of the insufficiency of his means is to be paid out of any sums recovered under the confiscation order.

9

Where the prosecution makes an application to the court under this section it shall, on making the application, give the court a statement under section 52 below.

10

Where the High Court—

a

has been asked to proceed under section 52B below in relation to a defendant who has absconded, but

b

has decided not to make a confiscation order against him,

this section shall not apply at any time while he remains an absconder.

11

In this section “benefited” means benefited from terrorist-related activities as mentioned in section 47(1) above.

48BRevised assessments1

This section applies where the court has made a confiscation order by reference to an amount assessed under section 47(1) above (“the current assessment”).

2

Where the prosecution is of the opinion that the real value of the defendant’s proceeds of terrorist-related activities was greater than their assessed value, the prosecution may apply to the Crown Court for the evidence on which it has formed that opinion to be considered by the court.

3

In subsection (2) above—

“assessed value” means the value of the defendant’s proceeds of terrorist-related activities as assessed by the court under section 47(1) above; and

“real value” means the value of the defendant’s proceeds of terrorist-related activities which took place—

a

in the period by reference to which the current assessment was made; or

b

in any earlier period.

4

If, having considered the evidence, the court is satisfied that the real value of the defendant’s proceeds of terrorist-related activities is greater than their assessed value (whether because the real value was higher at the time of the current assessment than was thought or because the value of the proceeds in question has subsequently increased), the court shall make a fresh determination of the amount to be required to be paid under section 47 above.

5

In relation to any determination by virtue of this section, section 47(7) above shall have effect as it has effect in relation to the making of a confiscation order.

6

For any determination by virtue of this section, section 47(8) above shall not apply in relation to any of the defendant’s proceeds of terrorist-related activities taken into account in respect of the current assessment.

7

Sections 50(4) and 52(4)(a) and (7) below shall have effect in relation to any such determination as if for “confiscation order” there were substituted “determination” and section 50(3) below shall so have effect as if for “a confiscation order is made” there were substituted “of the determination”.

8

The court may take into account any money or other property obtained by the defendant on or after the date of the current assessment, but only if the prosecution shows that it was obtained by him as a direct or indirect result of terrorist-related activities carried on by the defendant or another on or before that date.

9

In considering any evidence under this section which relates to any money or other property to which subsection (8) above applies, the court shall not make the assumptions which would otherwise be required by section 51 below.

10

If, as a result of making the determination required by subsection (4) above, the amount to be required to be paid exceeds the amount set in accordance with the current assessment, the court may substitute for the amount required to be paid under the confiscation order such greater amount as it thinks just in all the circumstances of the case.

11

Where the court varies a confiscation order under subsection (10) above it shall substitute for the term of imprisonment or of detention fixed under section 35(1)(c) of the Criminal Justice Act (Northern Ireland) 1945 in respect of the amount required to be paid under the order a longer term determined in accordance with that section (as it has effect by virtue of paragraph 2 of Schedule 4 to this Act) in respect of the greater amount substituted under subsection (10) above.

12

Subsection (11) above shall apply only if the effect of the substitution is to increase the maximum period applicable in relation to the order under paragraph 2(1)(b) of Schedule 4 to this Act.

13

Where the prosecution makes an application to the court under this section—

a

it shall, on making the application, give the court a statement under section 52 below; and

b

section 52A shall apply.

14

Where a confiscation order has been made in relation to any defendant by virtue of section 52B below, this section shall not apply at any time while he is an absconder.

15

No application shall be entertained by the court under this section if it is made after the end of the period of six years beginning with the date on which the defendant was convicted.

.

38Statements, etc. relevant to making confiscation orders1

Section 52 of the Northern Ireland (Emergency Provisions) Act 1991 shall be amended as follows.

2

The following subsections shall be substituted for subsection (1)—

1

In this section, except in subsection (4) below, “a statement” means a statement in the case of a defendant as to any matters relevant—

a

to determining whether he has benefited from terrorist-related activities,

b

to assessing the value of his proceeds of those activities, or

c

to determining whether the requirements of section 47(5) above are satisfied.

1A

Where section 47(1) above applies—

a

the court may require the prosecution to give it a statement within such period as it may direct; and

b

the prosecution may at any time give a statement to the court.

1B

Where the prosecution has given the court a statement—

a

it may at any time give the court a further statement; and

b

the court may at any time require it to give the court a further statement, within such period as the court may direct.

1C

Where—

a

a statement has been given to the court under this section, and

b

the defendant accepts to any extent any allegation in the statement,

the court may treat his acceptance as conclusive of the matters to which it relates.

.

3

In subsection (2)—

a

for “is tendered under subsection (1)(a) above” there shall be substituted “is given under this section”; and

b

after first “indicate” there shall be inserted “within such period as the court may direct”.

4

The following subsection shall be inserted after subsection (2)—

2A

Where the court has given a direction under this section it may at any time vary it by giving a further direction.

.

5

In subsection (4), for “tendered” there shall be substituted “given”.

6

In subsection (5), for the words from “either” to the end there shall be substituted “in such manner as may be prescribed by rules of court or as the court may direct”.

39Provision of information

The following section shall be inserted in the Northern Ireland (Emergency Provisions) Act 1991, after section 52—

52AProvision of information by defendant1

This section applies where the Crown Court is proceeding under section 47(1) above.

2

For the purpose of obtaining information to assist it in carrying out its functions, the court may at any time order the defendant to give it such information as may be specified in the order.

3

An order under subsection (2) above may require all, or any specified part, of the required information to be given to the court in such manner, and before such date, as may be specified in the order.

4

Rules of court may make provision as to the maximum or minimum period that may be allowed under subsection (3) above.

5

If the defendant fails, without reasonable excuse, to comply with any order under this section, the court may draw such inference from that failure as it considers appropriate.

6

Where the prosecution accepts to any extent any allegation made by the defendant in giving to the court information required by an order under this section, the court may treat that acceptance as conclusive of the matters to which it relates.

7

For the purposes of this section, an allegation may be accepted in such manner as may be prescribed by rules of court or as the court may direct.

.

40Variation of confiscation orders1

Paragraph 15 (variation of confiscation orders) of Schedule 4 to the Northern Ireland (Emergency Provisions) Act 1991 shall be amended as follows.

2

In sub-paragraph (1), after “defendant” there shall be inserted “or a receiver appointed under this Schedule, or in pursuance of a charging order, made”.

3

In sub-paragraph (3), for “defendant” there shall be substituted “person who applied for it”.

4

The following shall be added at the end—

5

Rules of court may make provision—

a

for the giving of notice of any application under this paragraph; and

b

for any person appearing to the court to be likely to be affected by any exercise of its powers under this paragraph to be given an opportunity to make representations to the court.

.

41Availability of powers and satisfaction of orders1

Schedule 4 to the Northern Ireland (Emergency Provisions) Act 1991 (supplementary provisions about confiscation orders) shall be amended as follows.

2

In paragraph 2 (application of procedure for enforcing fines), the following shall be added at the end—

6

Where the defendant serves a term of imprisonment or detention in default of paying any amount due under a confiscation order, his serving that term does not prevent the confiscation order from continuing to have effect, so far as any other method of enforcement is concerned.

.

3

In paragraph 4 (cases in which restraint orders and charging orders may be made), the following sub-paragraphs shall be substituted for sub-paragraphs (1) and (2)—

1

The powers conferred on the High Court by paragraphs 5(1) and 6(1) below are exercisable where—

a

proceedings have been instituted in Northern Ireland against the defendant for a relevant offence or an application has been made by the prosecution in respect of the defendant under section 48A, 48B or 52B of this Act or paragraph 11 below,

b

the proceedings have not, or the application has not, been concluded, and

c

the court is satisfied that there is reasonable cause to believe—

i

in the case of an application under section 48B of this Act or paragraph 11 below, that the court will be satisfied as mentioned in section 48B(4) of this Act or, as the case may be, paragraph 11(1)(b) below, or

ii

in any other case, that the defendant has benefited from terrorist-related activities.

2

Those powers are also exercisable where—

a

the High Court is satisfied that, whether by the making of a complaint or otherwise, a person is to be charged with a relevant offence or that an application of a kind mentioned in sub-paragraph (1)(a) above is to be made in respect of the defendant, and

b

it appears to the court that there is reasonable cause to believe—

i

in the case of a proposed application under section 48B of this Act or paragraph 11 below, that the court will be satisfied as mentioned in section 48B(4) of this Act or, as the case may be, paragraph 11(1)(b) below, or

ii

in any other case, that the defendant has benefited from terrorist-related activities.

.

4

The following sub-paragraphs shall be added at the end of paragraph 4—

5

Where the court has made an order under paragraph 5(1) or 6(1) below in relation to a proposed application, by virtue of sub-paragraph (2) above, the court shall discharge the order if the application is not made within such time as the court considers reasonable.

6

The court shall not exercise powers under paragraph 5(1) or 6(1) below, by virtue of sub-paragraph (1) above, if it is satisfied that—

a

there has been undue delay in continuing the proceedings or application in question; or

b

the prosecution does not intend to proceed.

.

5

In paragraph 5 (restraint orders), the following sub-paragraph shall be substituted for sub-paragraph (6)—

6

A restraint order—

a

may be discharged or varied in relation to any property, and

b

shall be discharged on the conclusion of the proceedings or of the application in question.

.

6

In paragraph 6 (charging orders), the following sub-paragraph shall be substituted for sub-paragraph (6)—

6

In relation to a charging order the court—

a

may make an order discharging or varying it, and

b

shall make an order discharging it—

i

on the conclusion of the proceedings or of the application in question, or

ii

on payment into court of the amount payment of which is secured by the charge.

.

7

In paragraph 10 (realisation of property), the following sub-paragraph shall be substituted for sub-paragraph (1)—

1

Where a confiscation order—

a

has been made under this Act,

b

is not satisfied, and

c

is not subject to appeal,

the High Court may, on an application by the prosecution, exercise the powers conferred by sub-paragraphs (2) to (6) below.

.

8

In paragraph 16 (bankruptcy of defendant), the following shall be substituted for paragraphs (a) and (b) of sub-paragraph (6)—

a

no order shall be made under Article 312 or 367 of the said Order of 1989 (avoidance of certain transactions) in respect of the making of the gift at any time when—

i

proceedings for a relevant offence have been instituted against him and have not been concluded;

ii

an application has been made in respect of the defendant under section 48A, 48B or 52B of this Act or paragraph 11 below and has not been concluded; or

iii

property of the person to whom the gift was made is subject to a restraint order or charging order; and

b

any order made under either of those Articles after the conclusion of the proceedings or of the application shall take into account any realisation under this Schedule of property held by the person to whom the gift was made.

.

9

In paragraph 1 (interpretation), the following sub-paragraphs shall be substituted for sub-paragraph (3)—

3

Proceedings for a relevant offence are concluded—

a

when the defendant is acquitted;

b

if he is convicted, but the court decides not to make a confiscation order against him, when it makes that decision; or

c

if a confiscation order is made against him in those proceedings, when the order is satisfied.

3A

An application under section 48A or 52B of this Act is concluded—

a

if the court decides not to make a confiscation order against the defendant, when it makes that decision; or

b

if a confiscation order is made against him as a result of that application, when the order is satisfied.

3B

An application under section 48B of this Act or paragraph 11 below is concluded—

a

if the court decides not to vary the confiscation order in question, when it makes that decision; or

b

if the court varies the confiscation order as a result of the application, when the order is satisfied.

3C

For the purposes of this Schedule, a confiscation order is satisfied when no amount is due under it.

3D

For the purposes of paragraph 16 below, a confiscation order is also satisfied when the defendant in respect of whom it was made has served a term of imprisonment or detention in default of payment of the amount due under the order.

.

42Defendant who has died or absconded

The following section shall be inserted in the Northern Ireland (Emergency Provisions) Act 1991, after section 52A—

52BPowers of High Court where defendant has died or absconded1

Subsection (2) below applies where a person has been convicted of a relevant offence.

2

If the prosecution asks it to proceed under this section, the High Court may exercise the powers of the Crown Court under this Act to make a confiscation order against the defendant if satisfied that the defendant has died or absconded.

3

Subsection (4) below applies where proceedings have been instituted against the defendant for one or more relevant offences but have not been concluded.

4

If the prosecution asks it to proceed under this section, the High Court, if satisfied that the defendant has absconded, may exercise the powers of the Crown Court under this Act to make a confiscation order against the defendant as if the defendant had been convicted of the relevant offence or each of the relevant offences for which the proceedings had been instituted.

5

The power conferred by subsection (4) above may not be exercised at any time before the end of the period of two years beginning with the date which is, in the opinion of the court, the date on which the defendant absconded.

6

Where the prosecution makes an application to the court under this section it shall, on making the application, give the court a statement under section 52 above.

7

In any proceedings on an application under this section—

a

sections 51, 52(1C), (2) and (3) and 52A above shall not apply,

b

the court shall not make a confiscation order against a person who has absconded unless it is satisfied that the prosecution has taken reasonable steps to contact him, and

c

any person appearing to the court to be likely to be affected by the making of a confiscation order by the court shall be entitled to appear before the court and make representations.

8

Where the High Court has made a confiscation order by virtue of this section, in a case where the defendant has been or is subsequently convicted of one or more of the offences concerned, sections 47 and 48(1) to (5) and (7) above shall not apply in respect of his conviction of that offence or those offences; but any court dealing with him in respect of that conviction or any of those convictions—

a

shall take account of the order before—

i

imposing any fine on him; or

ii

making any order involving any payment by him, other than an order under Article 3 of the Criminal Justice (Northern Ireland) Order 1980 (compensation orders); or

iii

making any order under Article 7 of that Order (deprivation orders),

but subject to that shall leave the order out of account in determining the appropriate sentence or other manner of dealing with him; and

b

if it makes an order for the payment of compensation under Article 3 of the Order of 1980, and is of the opinion that the defendant will not have sufficient means to satisfy both that order and the confiscation order in full, shall direct that so much of the compensation as will not in its opinion be recoverable because of the insufficiency of his means is to be paid out of any sums recovered under the confiscation order.

.

43Compensation

In Schedule 4 to the Northern Ireland (Emergency Provisions) Act 1991, the following paragraphs shall be inserted after paragraph 20—

Compensation etc. where absconder is acquitted20A1

This paragraph applies where—

a

the High Court has made a confiscation order by virtue of section 52B(4) of this Act, and

b

the defendant is subsequently tried for the offence or offences concerned and acquitted on all counts.

2

The court by which the defendant is acquitted shall cancel the confiscation order.

3

The High Court may, on the application of a person who held property which was realisable property, order compensation to be paid to the applicant if it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order.

4

The amount of compensation to be paid under this paragraph shall be such as the court considers just in all the circumstances of the case.

5

Rules of court may make provision—

a

for the giving of notice of any application under this paragraph; and

b

for any person appearing to the court to be likely to be affected by any exercise of its powers under this paragraph to be given an opportunity to make representations to the court.

6

Any payment of compensation under this paragraph shall be made by the Lord Chancellor out of money provided by Parliament.

7

Where the court cancels a confiscation order under this paragraph it may make such consequential or incidental order as it considers appropriate in connection with the cancellation.

Power to discharge confiscation order and order compensation where absconder returns20B1

This paragraph applies where—

a

the High Court has made a confiscation order by virtue of section 52B(4) of this Act in relation to an absconder,

b

the defendant has ceased to be an absconder, and

c

paragraph 20A above does not apply.

2

The High Court may, on the application of the defendant, cancel the confiscation order if it is satisfied that—

a

there has been undue delay in continuing the proceedings in respect of which the power under section 52B(4) above was exercised; or

b

the prosecution does not intend to proceed.

3

Where the High Court cancels a confiscation order under this paragraph it may, on the application of a person who held property which was realisable property, order compensation to be paid to the applicant if it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order.

4

The amount of compensation to be paid under this paragraph shall be such as the court considers just in all the circumstances of the case.

5

Rules of court may make provision—

a

for the giving of notice of any application under this paragraph; and

b

for any person appearing to the court to be likely to be affected by any exercise of its powers under this paragraph to be given an opportunity to make representations to the court.

6

Any payment of compensation under this paragraph shall be made by the Lord Chancellor out of money provided by Parliament.

7

Where the court cancels a confiscation order under this paragraph it may make such consequential or incidental order as it considers appropriate in connection with the cancellation.

Variation of confiscation orders made by virtue of section 52B20C1

This paragraph applies where—

a

the High Court has made a confiscation order by virtue of section 52B(4) of this Act, and

b

the defendant has ceased to be an absconder.

2

If the defendant alleges that—

a

the value of his proceeds of terrorist-related activities in the period by reference to which the assessment in question was made (the “original value”), or

b

the amount that might have been realised at the time the confiscation order was made,

was less than the amount required to be paid under the confiscation order, he may apply to the High Court for it to consider his evidence.

3

If, having considered that evidence, the court is satisfied that the defendant’s allegation is correct it—

a

shall proceed under section 47(1) of this Act to make a fresh assessment of the value of his proceeds of terrorist-related activities, and

b

may, if it considers it just in all the circumstances, vary the amount required to be paid under the confiscation order.

4

For any assessment under section 47 of this Act by virtue of this paragraph, section 47(8) shall not apply in relation to any of the defendant’s proceeds of terrorist-related activities taken into account in assessing the original value.

5

Where the court varies a confiscation order under this paragraph—

a

it shall substitute for the term of imprisonment or detention fixed in respect of the order under subsection (1)(c) of section 35 of the Criminal Justice Act (Northern Ireland) 1945 (imprisonment in default of payment) a shorter term if the effect of the substitution under sub-paragraph (3) above is to reduce the maximum period applicable in relation to the order under subsection (2) of that section as it has effect by virtue of paragraph 2(1)(b) above; and

b

on the application of a person who held property which was realisable property, it may order compensation to be paid to the applicant if—

i

it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order; and

ii

having regard to all the circumstances of the case, the court considers it to be appropriate.

6

The amount of compensation to be paid under this paragraph shall be such as the court considers just in all the circumstances of the case.

7

Rules of court may make provision—

a

for the giving of notice of any application under this paragraph; and

b

for any person appearing to the court to be likely to be affected by any exercise of its powers under this paragraph to be given an opportunity to make representations to the court.

8

Any payment of compensation under this paragraph shall be made by the Lord Chancellor out of money provided by Parliament.

9

No application shall be entertained by the court under this paragraph if it is made after the end of the period of six years beginning with the date on which the confiscation order was made.

.

44Realisable property

In section 50 of the Northern Ireland (Emergency Provisions) Act 1991 (realisable property, value and gifts), in subsection (2), the following paragraphs shall be inserted after paragraph (c)—

d

section 43 of the Powers of Criminal Courts Act 1973; or

e

section 223 or 436 of the Criminal Procedure (Scotland) Act 1975,

.

45Enforcement1

Section 67 of the Northern Ireland (Emergency Provisions) Act 1991 (orders and regulations) shall be amended as follows.

2

In subsection (5), after the words “paragraph 7(3)” there shall be inserted “or 19(1)(a)”.

3

Subsection (6) shall cease to have effect.

46Enforcement of orders outside Northern Ireland

In paragraph 19 of Schedule 4 to the Northern Ireland (Emergency Provisions) Act 1991 (enforcement of orders outside Northern Ireland), the following sub-paragraphs shall be added at the end—

3

An Order under this paragraph may contain such incidental, consequential and transitional provisions as Her Majesty considers expedient.

4

An Order under sub-paragraph (1)(a) above may, in particular, provide for section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of United Kingdom judgments in other parts of the United Kingdom) not to apply.

.

47Offences relating to proceeds of terrorist-related activities1

In section 53 of the Northern Ireland (Emergency Provisions) Act 1991 (assisting another to retain proceeds of terrorist-related activities) the following subsection shall be inserted after subsection (3)—

3A

Where a person discloses to a constable a suspicion or belief that any funds or investments are derived from or used in connection with terrorist-related activities or any matter on which such a suspicion or belief is based, the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise.

.

2

In section 53 of that Act the following subsection shall be inserted after subsection (4)—

4A

In the case of a person who was in employment at the relevant time, subsections (3), (3A) and (4)(c) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.

.

3

In subsection (3) of section 54 of that Act (concealing or transferring proceeds of terrorist-related activities), for the words from “that property” to the end of that subsection, there shall be substituted “or uses that property or has possession of it”.

4

In section 54 of that Act, the following subsection shall be inserted after subsection (3)—

3A

It is a defence to a charge of committing an offence under this section that the person charged acquired or used the property or had possession of it for adequate consideration.

.

5

For section 54(5) of that Act there shall be substituted—

5

For the purposes of subsection (3A) above—

a

a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property;

b

a person uses or has possession of any property for inadequate consideration if the value of the consideration is significantly less than the value of his possession or use of the property; and

c

the provision for any person of services or goods which are of assistance to him in terrorist-related activities shall not be treated as consideration.

5A

Where a person discloses to a constable a suspicion or belief that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of terrorist-related activities or any matter on which such a suspicion or belief is based—

a

the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise; and

b

if he does any act in contravention of subsection (3) above, he does not commit an offence under that subsection if—

i

the disclosure is made before he does the act concerned and that act is done with the consent of the constable; or

ii

the disclosure is made after he does the act but on his initiative and as soon as it is reasonable for him to make it.

5B

For the purposes of this section, having possession of any property shall be taken to be doing an act in relation to it.

5C

In proceedings against a person for an offence under subsection (3) above, it is a defence to prove that—

a

he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in subsection (5A) above; but

b

there is reasonable excuse for his failure to make a disclosure in accordance with paragraph (b) of that subsection.

5D

In the case of a person who was in employment at the relevant time, subsections (5A) and (5C) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.

5E

No constable or other person shall be guilty of an offence under subsection (3) above in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to terrorism or the proceeds or resources of such terrorism.

.

48Failure to disclose knowledge or suspicion relating to proceeds of terrorist-related activities

The following section shall be inserted in the Northern Ireland (Emergency Provisions) Act 1991, after section 54—

54AFailure to disclose knowledge or suspicion of offences under sections 53 and 541

A person is guilty of an offence if—

a

he knows, or suspects, that another person is acting in the proscribed manner,

b

the information, or other matter, on which that knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment, and

c

he does not disclose the information or other matter to a constable as soon as is reasonably practicable after it comes to his attention.

2

Subsection (1) above does not make it an offence for a professional legal adviser to fail to disclose any information or other matter which has come to him in privileged circumstances.

3

It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.

4

Where a person discloses to a constable—

a

his suspicion or belief that another person is acting in the proscribed manner, or

b

any information or other matter on which that suspicion or belief is based,

the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.

5

Without prejudice to subsection (3) or (4) above, in the case of a person who was in employment at the relevant time, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.

6

A disclosure to which subsection (5) above applies shall not be treated as a breach of any restriction imposed by statute or otherwise.

7

In this section “acting in the proscribed manner” means doing any act which constitutes an offence under section 53 or 54 above or, in the case of an act done otherwise than in the United Kingdom, which would constitute such an offence if done in the United Kingdom.

8

For the purposes of subsection (7) above, having possession of any property shall be taken to be doing an act in relation to it.

9

For the purposes of this section, any information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated, or given, to him—

a

by, or by a representative of, a client of his in connection with the giving by the adviser of legal advice to the client;

b

by, or by a representative of, a person seeking legal advice from the adviser; or

c

by any person—

i

in contemplation of, or in connection with, legal proceedings; and

ii

for the purpose of those proceedings.

10

No information or other matter shall be treated as coming to a professional legal adviser in privileged circumstances if it is communicated or given with a view to furthering any criminal purpose.

11

A person guilty of an offence under this section shall be liable—

a

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

b

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

.

Amendments of the 1989 Act
49Financial assistance for terrorism1

In section 9 of the Prevention of Terrorism (Temporary Provisions) Act 1989 (contributions towards acts of terrorism), the following shall be inserted at the end of subsection (1)(b)—

or

c

uses or has possession of, whether for consideration or not, any money or other property,

.

2

In section 10 of that Act (contributions to the resources of proscribed organisations), in subsection (1)(b), after the words “or accepts” there shall be inserted “or uses or has possession of”.

3

In section 12 of that Act (disclosure of information about terrorist funds) for the word “contract”, in subsection (1), there shall be substituted “statute or otherwise”.

4

In section 12 of that Act, the following subsection shall be inserted after subsection (2)—

2A

For the purposes of subsection (2) above a person who uses or has possession of money or other property shall be taken to be concerned in a transaction or arrangement.

.

5

In section 12(3) of that Act, after “section 9(1)(b)” there shall be inserted “or (c)”.

6

The following subsections shall be added at the end of section 12 of that Act—

4

In the case of a person who was in employment at the relevant time, subsections (1) to (3) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.

5

No constable or other person shall be guilty of an offence under section 9(1)(b) or (c) or (2) or 10(1)(b) or (c) above in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to terrorism or the proceeds or resources of terrorism.

6

For the purposes of subsection (5) above, having possession of any property shall be taken to be doing an act in relation to it.

.

50Investigation of terrorist activities1

Section 17 (investigation of terrorist activities) of the Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended as follows.

2

In subsection (1)(a)(ii)—

a

for “or 11 above” there shall be substituted “11, 18 or 18A of this Act”; and

b

for “or 28” there shall be substituted “28, 53, 54 or 54A”.

3

For subsection (2) there shall be substituted—

2

A person is guilty of an offence if, knowing or having reasonable cause to suspect that a constable is acting, or is proposing to act, in connection with a terrorist investigation which is being, or is about to be, conducted, he—

a

discloses to any other person information or any other matter which is likely to prejudice the investigation or proposed investigation, or

b

falsifies, conceals or destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, material which is or is likely to be relevant to the investigation, or proposed investigation.

2A

A person is guilty of an offence if, knowing or having reasonable cause to suspect that a disclosure (“the disclosure”) has been made to a constable under section 12, 18 or 18A of this Act or section 53, 54 or 54A of the Northern Ireland (Emergency Provisions) Act 1991, he—

a

discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure; or

b

falsifies, conceals or destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, material which is or is likely to be relevant to any such investigation.

2B

A person is guilty of an offence if, knowing or having reasonable cause to suspect that a disclosure (“the disclosure”) of a kind mentioned in section 12(4) or 18A(5) of this Act or section 53(4A), 54(5D) or 54A(5) of the Act of 1991 has been made, he—

a

discloses to any person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure; or

b

falsifies, conceals or destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, material which is or is likely to be relevant to any such investigation.

2C

Nothing in subsections (2) to (2B) above makes it an offence for a professional legal adviser to disclose any information or other matter—

a

to, or to a representative of, a client of his in connection with the giving by the adviser of legal advice to the client; or

b

to any person—

i

in contemplation of, or in connection with, legal proceedings; and

ii

for the purpose of those proceedings.

2D

Subsection (2C) above does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.

2E

No constable or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to terrorism or the proceeds or resources of terrorism.

.

4

In subsection (3) (defence in respect of disclosure), after “investigation” there shall be inserted “or proposed investigation”.

5

The following shall be inserted after subsection (3)—

3A

In proceedings against a person for an offence under subsection (2A)(a) or (2B)(a) above it is a defence to prove—

a

that he did not know and had no reasonable cause to suspect that his disclosure was likely to prejudice the investigation in question; or

b

that he had lawful authority or reasonable excuse for making his disclosure.

.

6

In subsection (4) (defence in respect of falsifying material etc.), for the words from “the persons” to the end there shall be substituted “any person conducting, or likely to be conducting, the investigation or proposed investigation”.

7

The following shall be inserted after subsection (4)—

4A

In proceedings against a person for an offence under subsection (2A)(b) or (2B)(b) above, it is a defence to prove that he had no intention of concealing any information contained in the material in question from any person who might carry out the investigation in question.

.

8

In subsection (5) (penalties) after “(2)” there shall be inserted “(2A) or (2B)”.

9

The following subsection shall be added at the end—

6

For the purposes of subsection (1) above, as it applies in relation to any offence under section 18 or 18A below or section 54A of the Act of 1991, “act” includes omission.

.

51Failure to disclose knowledge or suspicion of financial assistance for terrorism

The following section shall be inserted in the Prevention of Terrorism (Temporary Provisions) Act 1989, after section 18—

18AFailure to disclose knowledge or suspicion of offences under sections 9 to 111

A person is guilty of an offence if—

a

he knows, or suspects, that another person is providing financial assistance for terrorism;

b

the information, or other matter, on which that knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment; and

c

he does not disclose the information or other matter to a constable as soon as is reasonably practicable after it comes to his attention.

2

Subsection (1) above does not make it an offence for a professional legal adviser to fail to disclose any information or other matter which has come to him in privileged circumstances.

3

It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.

4

Where a person discloses to a constable—

a

his suspicion or belief that another person is providing financial assistance for terrorism; or

b

any information or other matter on which that suspicion or belief is based;

the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.

5

Without prejudice to subsection (3) or (4) above, in the case of a person who was in employment at the relevant time, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.

6

A disclosure to which subsection (5) above applies shall not be treated as a breach of any restriction imposed by statute or otherwise.

7

In this section “providing financial assistance for terrorism” means doing any act which constitutes an offence under section 9, 10 or 11 above or, in the case of an act done otherwise than in the United Kingdom, which would constitute such an offence if done in the United Kingdom.

8

For the purposes of subsection (7) above, having possession of any property shall be taken to be doing an act in relation to it.

9

For the purposes of this section, any information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated, or given, to him—

a

by, or by a representative of, a client of his in connection with the giving by the adviser of legal advice to the client;

b

by, or by a representative of, a person seeking legal advice from the adviser; or

c

by any person—

i

in contemplation of, or in connection with, legal proceedings; and

ii

for the purpose of those proceedings.

10

No information or other matter shall be treated as coming to a professional legal adviser in privileged circumstances if it is communicated or given with a view to furthering any criminal purpose.

11

A person guilty of an offence under this section shall be liable—

a

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

b

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

.

PART VINSIDER DEALINGThe offence of insider dealing
52The offence1

An individual who has information as an insider is guilty of insider dealing if, in the circumstances mentioned in subsection (3), he deals in securities that are price-affected securities in relation to the information.

2

An individual who has information as an insider is also guilty of insider dealing if—

a

he encourages another person to deal in securities that are (whether or not that other knows it) price-affected securities in relation to the information, knowing or having reasonable cause to believe that the dealing would take place in the circumstances mentioned in subsection (3); or

b

he discloses the information, otherwise than in the proper performance of the functions of his employment, office or profession, to another person.

3

The circumstances referred to above are that the acquisition or disposal in question occurs on a regulated market, or that the person dealing relies on a professional intermediary or is himself acting as a professional intermediary.

4

This section has effect subject to section 53.

53Defences1

An individual is not guilty of insider dealing by virtue of dealing in securities if he shows—

a

that he did not at the time expect the dealing to result in a profit attributable to the fact that the information in question was price-sensitive information in relation to the securities, or

b

that at the time he believed on reasonable grounds that the information had been disclosed widely enough to ensure that none of those taking part in the dealing would be prejudiced by not having the information, or

c

that he would have done what he did even if he had not had the information.

2

An individual is not guilty of insider dealing by virtue of encouraging another person to deal in securities if he shows—

a

that he did not at the time expect the dealing to result in a profit attributable to the fact that the information in question was price-sensitive information in relation to the securities, or

b

that at the time he believed on reasonable grounds that the information had been or would be disclosed widely enough to ensure that none of those taking part in the dealing would be prejudiced by not having the information, or

c

that he would have done what he did even if he had not had the information.

3

An individual is not guilty of insider dealing by virtue of a disclosure of information if he shows—

a

that he did not at the time expect any person, because of the disclosure, to deal in securities in the circumstances mentioned in subsection (3) of section 52; or

b

that, although he had such an expectation at the time, he did not expect the dealing to result in a profit attributable to the fact that the information was price-sensitive information in relation to the securities.

4

Schedule 1 (special defences) shall have effect.

5

The Treasury may by order amend Schedule 1.

6

In this section references to a profit include references to the avoidance of a loss.

Interpretation
54Securities to which Part V applies1

This Part applies to any security which—

a

falls within any paragraph of Schedule 2; and

b

satisfies any conditions applying to it under an order made by the Treasury for the purposes of this subsection;

and in the provisions of this Part (other than that Schedule) any reference to a security is a reference to a security to which this Part applies.

2

The Treasury may by order amend Schedule 2.

55“Dealing” in securities1

For the purposes of this Part, a person deals in securities if—

a

he acquires or disposes of the securities (whether as principal or agent); or

b

he procures, directly or indirectly, an acquisition or disposal of the securities by any other person.

2

For the purposes of this Part, “acquire”, in relation to a security, includes—

a

agreeing to acquire the security; and

b

entering into a contract which creates the security.

3

For the purposes of this Part, “dispose”, in relation to a security, includes—

a

agreeing to dispose of the security; and

b

bringing to an end a contract which created the security.

4

For the purposes of subsection (1), a person procures an acquisition or disposal of a security if the security is acquired or disposed of by a person who is—

a

his agent,

b

his nominee, or

c

a person who is acting at his direction,

in relation to the acquisition or disposal.

5

Subsection (4) is not exhaustive as to the circumstances in which one person may be regarded as procuring an acquisition or disposal of securities by another.

56“Inside information”, etc1

For the purposes of this section and section 57, “inside information” means information which—

a

relates to particular securities or to a particular issuer of securities or to particular issuers of securities and not to securities generally or to issuers of securities generally;

b

is specific or precise;

c

has not been made public; and

d

if it were made public would be likely to have a significant effect on the price of any securities.

2

For the purposes of this Part, securities are “price-affected securities” in relation to inside information, and inside information is “price-sensitive information” in relation to securities, if and only if the information would, if made public, be likely to have a significant effect on the price of the securities.

3

For the purposes of this section “price” includes value.

57“Insiders”1

For the purposes of this Part, a person has information as an insider if and only if—

a

it is, and he knows that it is, inside information, and

b

he has it, and knows that he has it, from an inside source.

2

For the purposes of subsection (1), a person has information from an inside source if and only if—

a

he has it through—

i

being a director, employee or shareholder of an issuer of securities; or

ii

having access to the information by virtue of his employment, office or profession; or

b

the direct or indirect source of his information is a person within paragraph (a).

58Information “made public”1

For the purposes of section 56, “made public”, in relation to information, shall be construed in accordance with the following provisions of this section; but those provisions are not exhaustive as to the meaning of that expression.

2

Information is made public if—

a

it is published in accordance with the rules of a regulated market for the purpose of informing investors and their professional advisers;

b

it is contained in records which by virtue of any enactment are open to inspection by the public;

c

it can be readily acquired by those likely to deal in any securities—

i

to which the information relates, or

ii

of an issuer to which the information relates; or

d

it is derived from information which has been made public.

3

Information may be treated as made public even though—

a

it can be acquired only by persons exercising diligence or expertise;

b

it is communicated to a section of the public and not to the public at large;

c

it can be acquired only by observation;

d

it is communicated only on payment of a fee; or

e

it is published only outside the United Kingdom.

59“Professional intermediary”1

For the purposes of this Part, a “professional intermediary” is a person—

a

who carries on a business consisting of an activity mentioned in subsection (2) and who holds himself out to the public or any section of the public (including a section of the public constituted by persons such as himself) as willing to engage in any such business; or

b

who is employed by a person falling within paragraph (a) to carry out any such activity.

2

The activities referred to in subsection (1) are—

a

acquiring or disposing of securities (whether as principal or agent); or

b

acting as an intermediary between persons taking part in any dealing in securities.

3

A person is not to be treated as carrying on a business consisting of an activity mentioned in subsection (2)—

a

if the activity in question is merely incidental to some other activity not falling within subsection (2); or

b

merely because he occasionally conducts one of those activities.

4

For the purposes of section 52, a person dealing in securities relies on a professional intermediary if and only if a person who is acting as a professional intermediary carries out an activity mentioned in subsection (2) in relation to that dealing.

60Other interpretation provisions1

For the purposes of this Part, “regulated market” means any market, however operated, which, by an order made by the Treasury, is identified (whether by name or by reference to criteria prescribed by the order) as a regulated market for the purposes of this Part.

2

For the purposes of this Part an “issuer”, in relation to any securities, means any company, public sector body or individual by which or by whom the securities have been or are to be issued.

3

For the purposes of this Part—

a

“company” means any body (whether or not incorporated and wherever incorporated or constituted) which is not a public sector body; and

b

“public sector body” means—

i

the government of the United Kingdom, of Northern Ireland or of any country or territory outside the United Kingdom;

ii

a local authority in the United Kingdom or elsewhere;

iii

any international organisation the members of which include the United Kingdom or another member state;

iv

the Bank of England; or

v

the central bank of any sovereign State.

4

For the purposes of this Part, information shall be treated as relating to an issuer of securities which is a company not only where it is about the company but also where it may affect the company’s business prospects.

Miscellaneous
61Penalties and prosecution1

An individual guilty of insider dealing shall be liable—

a

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

b

on conviction on indictment, to a fine or imprisonment for a term not exceeding seven years or to both.

2

Proceedings for offences under this Part shall not be instituted in England and Wales except by or with the consent of—

a

the Secretary of State; or

b

the Director of Public Prosecutions.

3

In relation to proceedings in Northern Ireland for offences under this Part, subsection (2) shall have effect as if the reference to the Director of Public Prosecutions were a reference to the Director of Public Prosecutions for Northern Ireland.

62Territorial scope of offence of insider dealing1

An individual is not guilty of an offence falling within subsection (1) of section 52 unless—

a

he was within the United Kingdom at the time when he is alleged to have done any act constituting or forming part of the alleged dealing;

b

the regulated market on which the dealing is alleged to have occurred is one which, by an order made by the Treasury, is identified (whether by name or by reference to criteria prescribed by the order) as being, for the purposes of this Part, regulated in the United Kingdom; or

c

the professional intermediary was within the United Kingdom at the time when he is alleged to have done anything by means of which the offence is alleged to have been committed.

2

An individual is not guilty of an offence falling within subsection (2) of section 52 unless—

a

he was within the United Kingdom at the time when he is alleged to have disclosed the information or encouraged the dealing; or

b

the alleged recipient of the information or encouragement was within the United Kingdom at the time when he is alleged to have received the information or encouragement.

63Limits on section 521

Section 52 does not apply to anything done by an individual acting on behalf of a public sector body in pursuit of monetary policies or policies with respect to exchange rates or the management of public debt or foreign exchange reserves.

2

No contract shall be void or unenforceable by reason only of section 52.

64Orders1

Any power under this Part to make an order shall be exercisable by statutory instrument.

2

No order shall be made under this Part unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

3

An order under this Part—

a

may make different provision for different cases; and

b

may contain such incidental, supplemental and transitional provisions as the Treasury consider expedient.

PART VIMISCELLANEOUS
65Fixing of fines1

The following section shall be substituted for section 18 of the Criminal Justice Act 1991 (fixing of certain fines by reference to units)—

18Fixing of fines1

Before fixing the amount of any fine, a court shall inquire into the financial circumstances of the offender.

2

The amount of any fine fixed by a court shall be such as, in the opinion of the court, reflects the seriousness of the offence.

3

In fixing the amount of any fine, a court shall take into account the circumstances of the case including, among other things, the financial circumstances of the offender so far as they are known, or appear, to the court.

4

Where—

a

an offender has been convicted in his absence in pursuance of section 11 or 12 of the Magistrates' Courts Act 1980 (non-appearance of accused),

b

an offender—

i

has failed to comply with an order under section 20(1) below; or

ii

has otherwise failed to co-operate with the court in its inquiry into his financial circumstances, or

c

the parent or guardian of an offender who is a child or young person—

i

has failed to comply with an order under section 20(1B) below; or

ii

has otherwise failed to co-operate with the court in its inquiry into his financial circumstances,

and the court considers that it has insufficient information to make a proper determination of the financial circumstances of the offender, it may make such determination as it thinks fit.

5

Subsection (3) above applies whether taking into account the financial circumstances of the offender has the effect of increasing or reducing the amount of the fine.

.

2

Section 19 of the Act of 1991 (fixing of fines in cases to which the unit fines system did not apply) shall cease to have effect.

3

The further amendments made by Schedule 3 shall have effect.

4

The amendments made by this section and that Schedule shall apply in relation to offenders convicted (but not sentenced) before the date on which this section comes into force as they apply in relation to offenders convicted after that date.

66Powers of courts to deal with offenders1

In section 1 of the Criminal Justice Act 1991 (restrictions on imposing custodial sentences), the following shall be substituted for subsection (2)(a)—

a

that the offence, or the combination of the offence and one or more offences associated with it, was so serious that only such a sentence can be justified for the offence; or

.

2

In section 2 of the Act of 1991 (length of custodial sentences), in subsections (2)(a) and (3), for the word “other” there shall be substituted “one or more”.

3

In section 3 of the Act of 1991 (procedural requirements for custodial sentences), in subsection (3)(a), the words “or (as the case may be) of the offence and the offence or offences associated with it,” shall be inserted after the word “offence”.

4

In section 6 of the Act of 1991 (restrictions on imposing community sentences)—

a

in subsection (1), for the words “other offence” there shall be substituted “or more offences”; and

b

in subsection (2)(b), for the word “other” there shall be substituted “one or more”.

5

In section 7 of the Act of 1991 (procedural requirements for community sentences), in subsection (1), the words “or (as the case may be) of the offence and the offence or offences associated with it,” shall be inserted after the word “offence”.

6

For section 29 of the Act of 1991 (effect of previous convictions) there shall be substituted—

29Effect of previous convictions and of offending while on bail1

In considering the seriousness of any offence, the court may take into account any previous convictions of the offender or any failure of his to respond to previous sentences.

2

In considering the seriousness of any offence committed while the offender was on bail, the court shall treat the fact that it was committed in those circumstances as an aggravating factor.

3

A probation order or conditional discharge order made before 1st October 1992 (which, by virtue of section 2 or 7 of the Powers of Criminal Courts Act 1973, would otherwise not be a sentence for the purposes of this section) is to be treated as a sentence for those purposes.

4

A conviction in respect of which a probation order or conditional discharge order was made before that date (which, by virtue of section 13 of that Act, would otherwise not be a conviction for those purposes) is to be treated as a conviction for those purposes.

.

7

In subsection (1) of section 12D of the Children and Young Persons Act 1969 (duty of court to state in certain cases that requirement is in place of custodial sentence), in paragraph (ii)(a) for the words “other offence” there shall be substituted “or more offences”.

8

In section 38 of the Magistrates' Courts Act 1980 (committal for sentence on summary trial of offence triable either way), in subsection (2)(a), for the word “other” there shall be substituted “one or more”.

9

The amendments made by this section shall apply in relation to offenders convicted (but not sentenced) before the date on which this section comes into force as they apply in relation to offenders convicted after that date.

67Penalty for causing death by dangerous driving or by careless driving1

In Part I of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences), in the entries relating to section 1 of the Road Traffic Act 1988 (causing death by dangerous driving) and section 3A of that Act (causing death by careless driving while under influence of drink or drugs), in column 4, for “5 years” there shall be substituted “10 years”.

2

In section 53(2) of the Children and Young Persons Act 1933 (punishment of certain serious crimes), the following shall be inserted after the word “law” in paragraph (a)—

aa

a young person is convicted of—

i

an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving); or

ii

an offence under section 3A of that Act (causing death by careless driving while under influence of drink or drugs);

.

68Appeals in Scotland against lenient disposals, etc1

In section 228(1) of the Criminal Procedure (Scotland) Act 1975 (right of appeal of person convicted on indictment)—

a

after paragraph (b) (and before the word “or”) insert—

bb

against his absolute discharge or admonition;

bc

against any probation order or any community service order under the Community Service by Offenders (Scotland) Act 1978;

bd

against any order deferring sentence;

; and

b

in paragraph (c), after “sentence” add “or disposal or order”.

2

In section 228A of that Act (appeal by Lord Advocate against sentence in solemn proceedings etc.)—

a

after “conviction” insert “or against any probation order or any community service order under the Community Service by Offenders (Scotland) Act 1978 or against the person’s absolute discharge or admonition or against any order deferring sentence”; and

b

for paragraph (a) substitute—

a

if it appears to the Lord Advocate that, as the case may be—

i

the sentence is unduly lenient;

ii

the making of the probation order or community service order is unduly lenient or its terms are unduly lenient;

iii

to dismiss with an admonition or to discharge absolutely is unduly lenient; or

iv

the deferment of sentence is inappropriate or on unduly lenient conditions;

.

3

In section 442(1) of that Act (rights of appeal in summary proceedings)—

a

in paragraph (a)—

i

after “person convicted” insert “, or found to have committed an offence,”;

ii

in sub-paragraph (i), after “conviction” insert “or finding”;

iii

after sub-paragraph (ii) (and before the word “or”) insert—

iia

against his absolute discharge or admonition or any probation order or any community service order under the Community Service by Offenders (Scotland) Act 1978 or any order deferring sentence;

; and

iv

in sub-paragraph (iii), after “sentence” add “or disposal or order”; and

b

in paragraph (c)—

i

after “conviction” insert “or, whether the person has been convicted or not, against any probation order or any community service order under the Community Service by Offenders (Scotland) Act 1978 or against the person’s absolute discharge or admonition or against any order deferring sentence”;

ii

for “the sentence is unduly lenient” substitute—

, as the case may be—

i

the sentence is unduly lenient;

ii

the making of the probation order or community service order is unduly lenient or its terms are unduly lenient;

iii

to dismiss with an admonition or to discharge absolutely is unduly lenient; or

iv

the deferment of sentence is inappropriate or on unduly lenient conditions;

.

69Supervised release of certain young offenders in Scotland

In section 212A of the Criminal Procedure (Scotland) Act 1975 (which makes provision for the supervised release of short-term prisoners in Scotland) at the end add—

7

The foregoing provisions of this section apply to a person sentenced under section 207 or 415 of this Act as the provisions apply to a person sentenced to a period of imprisonment.

.

70Penalties under implementation regulations1

Paragraphs 8(3), 9(2) and 10(3) of Schedule 8 to the Banking Coordination (Second Council Directive) Regulations 1992 shall cease to have effect.

2

Regulations under section 2(2) of the European Communities Act 1972 for the purpose of implementing—

a

Article 15 of the Second Banking Co-ordination Directive (which requires the United Kingdom to make provision for the exercise in the United Kingdom by supervisory authorities of other member States of information and inspection powers in relation to institutions authorised by them), or

b

Articles 3, 6 and 7 of the Supervision of Credit Institutions Directive (which make similar provision in relation to the consolidated supervision of credit institutions),

may, notwithstanding paragraph 1(1)(d) of Schedule 2 to that Act, create offences punishable in the same way as offences under sections 39, 40 and 41 of the Banking Act 1987.

3

In this section—

“the Second Banking Co-ordination Directive” means the Community Council Directive No. 89/646/EEC on the co-ordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions and amending Directive 77/780/EEC; and

“the Supervision of Credit Institutions Directive” means the Community Council Directive No. 92/30/EEC on the supervision of credit institutions on a consolidated basis.

4

Subsection (1) shall not affect the punishment for an offence committed before that subsection comes into force.

71Offences in connection with taxation etc. in the EC1

A person who, in the United Kingdom, assists in or induces any conduct outside the United Kingdom which involves the commission of a serious offence against the law of another member State is guilty of an offence under this section if—

a

the offence involved is one consisting in or including the contravention of provisions of the law of that member State which relate to any of the matters specified in subsection (2);

b

the offence involved is one consisting in or including the contravention of other provisions of that law so far as they have effect in relation to any of those matters; or

c

the conduct is such as to be calculated to have an effect in that member State in relation to any of those matters.

2

The matters mentioned in subsection (1) are—

a

the determination, discharge or enforcement of any liability for a Community duty or tax;

b

the operation of arrangements under which reliefs or exemptions from any such duty or tax are provided or sums in respect of any such duty or tax are repaid or refunded;

c

the making of payments in pursuance of Community arrangements made in connection with the regulation of the market for agricultural products and the enforcement of the conditions of any such payments;

d

the movement into or out of any member State of anything in relation to the movement of which any Community instrument imposes, or requires the imposition of, any prohibition or restriction; and

e

such other matters in relation to which provision is made by any Community instrument as the Secretary of State may by order specify.

3

For the purposes of this section—

a

an offence against the law of a member State is a serious offence if provision is in force in that member State authorising the sentencing, in some or all cases, of a person convicted of that offence to imprisonment for a maximum term of twelve months or more; and

b

the question whether any conduct involves the commission of such an offence shall be determined according to the law in force in the member State in question at the time of the assistance or inducement.

4

In any proceedings against any person for an offence under this section it shall be a defence for that person to show—

a

that the conduct in question would not have involved the commission of an offence against the law of the member State in question but for circumstances of which he had no knowledge; and

b

that he did not suspect or anticipate the existence of those circumstances and did not have reasonable grounds for doing so.

5

For the purposes of any proceedings for an offence under this section, a certificate purporting to be issued by or on behalf of the government of another member State which contains a statement, in relation to such times as may be specified in the certificate—

a

that a specified offence existed against the law of that member State,

b

that an offence against the law of that member State was a serious offence within the meaning of this section,

c

that such an offence consists in or includes the contravention of particular provisions of the law of that member State,

d

that specified provisions of the law of that member State relate to, or are capable of having an effect in relation to, particular matters,

e

that specified conduct involved the commission of a particular offence against the law of that member State, or

f

that a particular effect in that member State in relation to any matter would result from specified conduct,

shall, in the case of a statement falling within paragraphs (a) to (d), be conclusive of the matters stated and, in the other cases, be evidence, and in Scotland sufficient evidence, of the matters stated.

6

A person guilty of an offence under this section shall be liable—

a

on summary conviction, to a penalty of the statutory maximum or to imprisonment for a term not exceeding six months or to both; or

b

on conviction on indictment, to a penalty of any amount or to imprisonment for a term not exceeding seven years or to both.

7

Sections 145 to 152 and 154 of the Customs and Excise Management Act 1979 (general provisions as to legal proceedings) shall apply as if this section were contained in that Act; and an offence under this section shall be treated for all purposes as an offence for which a person is liable to be arrested under the customs and excise Acts.

8

The power of the Secretary of State to make an order under subsection (2)(e) shall be exercisable by statutory instrument; and no such order shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

9

In this section—

“another member State” means a member State other than the United Kingdom;

“Community duty or tax” means any of the following, that is to say—

a

any Community customs duty;

b

an agricultural levy of the Economic Community;

c

value added tax under the law of another member State;

d

any duty or tax on tobacco products, alcoholic liquors or hydrocarbon oils which, in another member State, corresponds to any excise duty;

e

any duty, tax or other charge not falling within paragraphs (a) to (d) of this definition which is imposed by or in pursuance of any Community instrument on the movement of goods into or out of any member State;

“conduct” includes acts, omissions and statements;

“contravention” includes a failure to comply; and

“the customs and excise Acts” has the same meaning as in the Customs and Excise Management Act 1979.

10

References in this section, in relation to a Community instrument, to the movement of anything into or out of a member State include references to the movement of anything between member States and to the doing of anything which falls to be treated for the purposes of that instrument as involving the entry into, or departure from, the territory of the Community of any goods (within the meaning of that Act of 1979).

72Backing of warrants: safeguards1

The Backing of Warrants (Republic of Ireland) Act 1965 shall be amended as follows.

2

In section 2 (proceedings before magistrates' courts), the following subsection shall be added at the end—

5

The Secretary of State may by order provide that an order may not be made under subsection (1) of this section if it is shown to the satisfaction of the court that no provision is made in the law of the Republic, in respect of a person delivered up to the Republic by the United Kingdom, corresponding to the provision made by or under sections 6A and 6B of this Act in respect of a person delivered up to the United Kingdom by the Republic.

.

3

The following sections shall be inserted after section 6—

6APersons delivered up by the Republic: the rule of speciality1

The Secretary of State may by order provide that, except in such cases as may be specified in the order, no person delivered up to the United Kingdom under corresponding arrangements in force in the Republic (“the defendant”) may be dealt with for, or in respect of, any offence committed before his surrender, other than the offence for which he was delivered up.

2

In subsection (1) of this section, “corresponding” means corresponding to provisions contained in this Act.

3

Any order under this section may, in particular, specify the following cases for the purposes of subsection (1) of this section—

a

where consent is given by a Minister of the Republic;

b

where the defendant, having had an opportunity to leave the United Kingdom, has not done so within 45 days of his final discharge in respect of the offence for which he was delivered up;

c

where the defendant has, after being returned to the United Kingdom, left the United Kingdom and subsequently returned to it;

d

where the description of the offence charged in the United Kingdom is altered in the course of proceedings but the offence under its new description is shown by its constituent elements to be an offence for which the defendant could have been delivered up under the corresponding legislation.

6BExtradition to third country1

The Secretary of State may by order provide that, except in such cases as may be specified in the order, no person delivered up to the United Kingdom under corresponding arrangements in force in the Republic (“the defendant”) may be delivered up to a territory other than the Republic to be dealt with for, or in respect of, any offence committed before his surrender to the United Kingdom.

2

In subsection (1) of this section “corresponding” means corresponding to provisions contained in this Act.

3

Any order under this section may, in particular, specify the following cases for the purposes of subsection (1) of this section—

a

where consent is given by a Minister of the Republic;

b

where the defendant, having had an opportunity to leave the United Kingdom, has not done so within 45 days of his final discharge in respect of the offence for which he was delivered up;

c

where the defendant has, after being returned to the United Kingdom, left the United Kingdom and subsequently returned to it.

6CProvisions supplementing sections 2(5), 6A and 6B1

The power to make an order under section 2(5), 6A or 6B of this Act shall be exercisable by statutory instrument.

2

Any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

3

Any such order may—

a

make different provision for different cases; and

b

make such incidental or supplemental provision as the Secretary of State considers appropriate.

4

Any incidental or supplemental provision may, in particular, include—

a

in the case of an order under section 2(5) of this Act, provision as to the circumstances in which, and the presumptions which may be applied in considering whether, provision made by the law of the Republic is to be treated as corresponding to provision made by or under section 6A or 6B of this Act;

b

in the case of an order under section 6A or 6B of this Act—

i

provision as to the notification of any consent;

ii

provision as to the drawing up of any document to support a request for consent.

5

Where any consent is notified in accordance with the provisions of an order under section 6A or 6B of this Act—

a

judicial notice shall be taken of that consent; and

b

a certificate of the Secretary of State to the effect that that consent was given in accordance with those provisions shall be evidence without further proof (or in Scotland sufficient evidence).

.

73Power of Secretary of State to make grants in relation to combating drug misuse1

The Secretary of State may, with the consent of the Treasury, pay such grants, to such persons, as he considers appropriate in connection with measures intended—

a

to combat or deal with drug trafficking or the misuse of drugs; or

b

to deal with consequences of the misuse of drugs.

2

Any such grant may be made subject to such conditions as the Secretary of State may, with the agreement of the Treasury, see fit to impose.

3

Payments under this section shall be made out of money provided by Parliament.

74Persons not eligible for early release1

Part II of Schedule 1 to the Criminal Justice Act 1982 (persons convicted of offences under certain enactments not eligible for early release) shall be amended as follows.

2

In the entry relating to the Drug Trafficking Offences Act 1986, the following paragraph shall be inserted before paragraph 26—

25A

Section 23A (acquisition, possession or use of proceeds of drug trafficking).

.

3

In the entry relating to the Criminal Justice Act 1988, the following paragraphs shall be inserted before paragraph 30—

29A

Section 93A (assisting another to retain the benefit of criminal conduct).

29B

Section 93B (acquisition, possession or use of proceeds of criminal conduct).

29C

Section 93C (concealing or transferring proceeds of criminal conduct).

.

75Compassionate release of certain children and other persons in Scotland1

In section 7(5) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (which applies provisions of that Act to certain children), for “Sections”, where it first occurs, substitute “Without prejudice to section 6(1)(b)(ii) of this Act, sections 3,”.

2

In paragraph 2(2) of Schedule 6 to that Act (which makes transitional provision as respects release on licence on compassionate grounds) after “Act” insert “, and sections 12 and 17 of this Act in so far as relating to a licence granted, or person released, by virtue of this sub-paragraph,”.

76Life prisoners transferred to Scotland1

The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall be amended as follows.

2

In section 10 (life prisoners transferred to Scotland)—

a

in subsection (1), the words “(whether before or after the commencement of this section)” shall cease to have effect;

b

in subsection (2), after “life prisoner” insert “, except such case as is mentioned in paragraph 7 of Schedule 6 to this Act,”; and

c

in subsection (4)—

i

in paragraph (a), after “has” insert “(whether before or after the commencement of this section)”; and

ii

in paragraph (b), after “Scotland” insert “(whether before or after that commencement)”.

3

In Schedule 6 (transitional provisions and savings)—

a

in paragraph 1, in the definition of “existing life prisoner”, after “person” insert “(other than a transferred life prisoner)”;

b

in paragraph 2(1), for “paragraph 7 below” substitute “to section 10(4) of this Act”; and

c

for paragraph 7 substitute—

7

In the case of a transferred life prisoner who is a discretionary life prisoner for the purposes of Part II of the Criminal Justice Act 1991 by virtue of section 48 of or paragraph 9 of Schedule 12 to that Act, subsection (3) of section 10 of this Act applies and the certificate mentioned in paragraph (b) of that subsection is the certificate under the said section 48 or paragraph 9.

.

77Power to extend certain offences to Crown servants and to exempt regulators etc

Schedule 4, which confers power on the Secretary of State to make regulations extending certain provisions to Crown servants and to make regulations exempting persons from certain offences, shall have effect.

PART VIISUPPLEMENTARY
78Commencement etc1

Sections 70 and 71 shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

2

Sections 68, 69, 75, 76 and 79(1) to (12), paragraph 2 of Schedule 5 and, in so far as relating to the Criminal Procedure (Scotland) Act 1975 and the Prisoners and Criminal Proceedings (Scotland) Act 1993, Schedule 6, shall come into force on the passing of this Act.

3

The other provisions of 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.

4

Different days may be appointed under subsection (3) for different provisions and different purposes.

5

Nothing in any provision in Part I applies to any act, omission or other event occurring before the coming into force of that provision.

6

Where a person is charged with a relevant offence which was committed before the coming into force of a provision of Part II, Part III, or (as the case may be) Part IV, that provision shall not affect the question whether or not that person is guilty of the offence or the powers of the court in the event of his being convicted of that offence.

7

Section 4A(3) and (4) of the Drug Trafficking Offences Act 1986 (inserted by section 14) shall not apply to any proceedings—

a

for an offence committed before the commencement of section 14; or

b

for one or more offences, any one of which was so committed.

8

Section 52B(3) and (4) of the Northern Ireland (Emergency Provisions) Act 1991 (inserted by section 42) shall not apply to any proceedings—

a

for an offence committed before the commencement of section 42; or

b

for one or more offences, any one of which was so committed.

9

In subsection (6) “relevant offence” means an offence in relation to which provision is made by Part II, Part III or Part IV, other than an offence created by that Part.

10

An order under subsection (3) may contain such transitional provisions and savings as the Secretary of State considers appropriate.

11

For the purposes of section 27 of the Prevention of Terrorism (Temporary Provisions) Act 1989 (temporary provisions), any amendment made in that Act by a provision of Part IV of, or paragraph 15 of Schedule 5 to, this Act shall be treated, as from the time when that provision comes into force, as having been continued in force by the order under subsection (6) of that section which has effect at that time.

12

For the purposes of section 69 of the Northern Ireland (Emergency Provisions) Act 1991 (temporary provisions), any amendment made in that Act by a provision of Part IV of, or paragraph 17(1), (2), (5), (6) and (7) of Schedule 5 to, this Act (other than sections 43 and 45) shall be treated, as from the time when that provision comes into force, as having been continued in force by the order under section 69(3) of the Act of 1991 which has effect at that time.

79Short title, extent etc1

This Act may be cited as the Criminal Justice Act 1993.

2

The following provisions of this Act extend to the United Kingdom—

Part V;

sections 21(1) and (3)(h), 23, 24, 45 to 51, 70 to 72, 77, 78 and this section;

Schedules 1 and 2; and

paragraphs 4, 5 and 6 of Schedule 4.

3

The following provisions of this Act extend only to Great Britain—

sections 13(9) to (11), 21(3)(e), 24(2), (3) and (7) to (10), 29 to 32, 34(1), 35, 67(1) and 73; and

paragraph 3 of Schedule 4.

4

The following provisions of this Act extend only to Scotland—

sections 17, 19, 20(2), 21(3)(c) and (d), 22(2), 24(12) to (15), 26(2), 33, 68, 69, 75 and 76; and

paragraph 2 of Schedule 4.

5

Sections 21(3)(f) and 34(2) extend to Scotland and Northern Ireland only.

6

Sections 36 to 44 extend only to Northern Ireland.

7

Section 72 also extends to the Channel Islands and the Isle of Man.

8

The provisions of Schedules 5 and 6 have the same extent as the provisions on which they operate.

9

Otherwise, this Act extends to England and Wales only.

10

Her Majesty may by Order in Council direct that such provisions of this Act as may be specified in the Order shall extend, with such exceptions and modifications as appear to Her Majesty to be appropriate, to any colony.

11

Subject to any Order made after the passing of this Act by virtue of subsection (1)(a) of section 3 of the Northern Ireland Constitution Act 1973, the regulation of insider dealing shall not be a transferred matter for the purposes of that Act but shall for the purposes of subsection (2) of that section be treated as specified in Schedule 3 to that Act.

12

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to purposes of any of sections 16, 18 and 29 to 32—

a

shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

b

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

13

Schedule 5 (consequential amendments) shall have effect.

14

The repeals and revocations set out in Schedule 6 (which include the repeal of two enactments which are spent) shall have effect.

SCHEDULESSCHEDULE 1

Section 53(4).

Special defencesMarket makers11

An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows that he acted in good faith in the course of—

a

his business as a market maker, or

b

his employment in the business of a market maker.

2

A market maker is a person who—

a

holds himself out at all normal times in compliance with the rules of a regulated market or an approved organisation as willing to acquire or dispose of securities; and

b

is recognised as doing so under those rules.

3

In this paragraph “approved organisation” means an international securities self-regulating organisation approved under paragraph 25B of Schedule 1 to the Financial Services Act 1986.

Market information21

An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows that—

a

the information which he had as an insider was market information; and

b

it was reasonable for an individual in his position to have acted as he did despite having that information as an insider at the time.

2

In determining whether it is reasonable for an individual to do any act despite having market information at the time, there shall, in particular, be taken into account—

a

the content of the information;

b

the circumstances in which he first had the information and in what capacity; and

c

the capacity in which he now acts.

3

An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows—

a

that he acted—

i

in connection with an acquisition or disposal which was under consideration or the subject of negotiation, or in the course of a series of such acquisitions or disposals; and

ii

with a view to facilitating the accomplishment of the acquisition or disposal or the series of acquisitions or disposals; and

b

that the information which he had as an insider was market information arising directly out of his involvement in the acquisition or disposal or series of acquisitions or disposals.

4

For the purposes of paragraphs 2 and 3 market information is information consisting of one or more of the following facts—

a

that securities of a particular kind have been or are to be acquired or disposed of, or that their acquisition or disposal is under consideration or the subject of negotiation;

b

that securities of a particular kind have not been or are not to be acquired or disposed of;

c

the number of securities acquired or disposed of or to be acquired or disposed of or whose acquisition or disposal is under consideration or the subject of negotiation;

d

the price (or range of prices) at which securities have been or are to be acquired or disposed of or the price (or range of prices) at which securities whose acquisition or disposal is under consideration or the subject of negotiation may be acquired or disposed of;

e

the identity of the persons involved or likely to be involved in any capacity in an acquisition or disposal.

Price stabilisation51

An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows that he acted in conformity with the price stabilisation rules.

2

In this paragraph “the price stabilisation rules” means rules which—

a

are made under section 48 of the Financial Services Act 1986 (conduct of business rules); and

b

make provision of a description mentioned in paragraph (i) of subsection (2) of that section (price stabilisation rules).

SCHEDULE 2

Section 54.

SecuritiesShares1

Shares and stock in the share capital of a company (“shares”).

Debt securities2

Any instrument creating or acknowledging indebtedness which is issued by a company or public sector body, including, in particular, debentures, debenture stock, loan stock, bonds and certificates of deposit (“debt securities”).

Warrants3

Any right (whether conferred by warrant or otherwise) to subscribe for shares or debt securities (“warrants”).

Depositary receipts41

The rights under any depositary receipt.

2

For the purposes of sub-paragraph (1) a “depositary receipt” means a certificate or other record (whether or not in the form of a document)—

a

which is issued by or on behalf of a person who holds any relevant securities of a particular issuer; and

b

which acknowledges that another person is entitled to rights in relation to the relevant securities or relevant securities of the same kind.

3

In sub-paragraph (2) “relevant securities” means shares, debt securities and warrants.

Options5

Any option to acquire or dispose of any security falling within any other paragraph of this Schedule.

Futures61

Rights under a contract for the acquisition or disposal of relevant securities under which delivery is to be made at a future date and at a price agreed when the contract is made.

2

In sub-paragraph (1)—

a

the references to a future date and to a price agreed when the contract is made include references to a date and a price determined in accordance with terms of the contract; and

b

“relevant securities” means any security falling within any other paragraph of this Schedule.

Contracts for differences71

Rights under a contract which does not provide for the delivery of securities but whose purpose or pretended purpose is to secure a profit or avoid a loss by reference to fluctuations in—

a

a share index or other similar factor connected with relevant securities;

b

the price of particular relevant securities; or

c

the interest rate offered on money placed on deposit.

2

In sub-paragraph (1) “relevant securities” means any security falling within any other paragraph of this Schedule.

SCHEDULE 3

Section 65(3).

Financial penaltiesIncreases in certain maximum fines11

In section 17 of the Criminal Justice Act 1991 (increases in certain maximum fines), subsection (3)(e) shall cease to have effect.

2

In Schedule 4 to that Act (increase of certain maxima) Part V shall cease to have effect.

Statements as to offenders' financial circumstances21

In section 20 of the Act of 1991 (statements as to offenders' means) the following shall be substituted for subsection (1)—

1

Where a person has been convicted of an offence, the court may, before sentencing him, make a financial circumstances order with respect to him.

1A

Where a magistrates' court has been notified in accordance with section 12(2) of the Magistrates' Courts Act 1980 that a person desires to plead guilty without appearing before the court, the court may make a financial circumstances order with respect to him.

1B

Before exercising its powers under section 55 of the Children and Young Persons Act 1933 against the parent or guardian of any person who has been convicted of an offence, the court may make a financial circumstances order with respect to the parent or (as the case may be) guardian.

1C

In this section “a financial circumstances order” means, in relation to any person, an order requiring him to give to the court, within such period as may be specified in the order, such a statement of his financial circumstances as the court may require.

.

2

In subsections (2) and (3) of section 20 of the Act of 1991, for the words “an order under subsection (1) above” there shall be substituted “a financial circumstances order”.

3

Section 20(5) of the Act of 1991 shall cease to have effect.

Remission of fines3

The following section shall be substituted for section 21 of the Act of 1991 (remission of fines)—

21Remission of fines. 1

This section applies where a court has, in fixing the amount of a fine, determined the offender’s financial circumstances under section 18(4) above.

2

If, on subsequently inquiring into the offender’s financial circumstances, the court is satisfied that had it had the results of that inquiry when sentencing the offender it would—

a

have fixed a smaller amount; or

b

not have fined him,

it may remit the whole or any part of the fine.

3

Where under this section the court remits the whole or part of a fine after a term of imprisonment has been fixed under section 82(5) of the Magistrates' Courts Act 1980 (issue of warrant of commitment for default) or section 31 of the Powers of Criminal Courts Act 1973 (powers of Crown Court in relation to fines), it shall reduce the term by the corresponding proportion.

4

In calculating any reduction required by subsection (3) above, any fraction of a day shall be ignored.

.

Default in paying unit fines4

Section 22 of the Act of 1991 (default in paying fines fixed under section 18 of that Act) shall cease to have effect.

Responsibility of parents and guardians5

In section 57 of the Act of 1991 (responsibility of parent or guardian for financial penalties), the following shall be substituted for subsections (3) and (4)—

3

For the purposes of any order under that section made against the parent or guardian of a child or young person—

a

sections 18 and 21 above; and

b

section 35(4)(a) of the 1973 Act (fixing amount of compensation order),

shall have effect (so far as applicable) as if any reference to the financial circumstances of the offender, or (as the case may be) to the means of the person against whom the compensation order is made, were a reference to the financial circumstances of the parent or guardian.

4

For the purposes of any such order made against a local authority (as defined for the purposes of the Children Act 1989)—

a

section 18(1) above, and section 35(4)(a) of the 1973 Act, shall not apply, and

b

section 18(3) above shall apply as if the words from “including” to the end were omitted.

.

Other amendments61

In section 15 of the Children and Young Persons Act 1969 (variation and discharge of supervision orders), the following subsection shall be substituted for subsection (7)—

7

A fine imposed under subsection (3) or (4) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

.

2

In section 27 of the Powers of Criminal Courts Act 1973 (breach of requirement of suspended sentence supervision order), the following subsection shall be substituted for subsection (4)—

4

A fine imposed under subsection (3) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

.

3

In section 97 of the Magistrates' Courts Act 1980 (maximum fine for refusal to give evidence), the following subsection shall be substituted for subsection (5)—

5

A fine imposed under subsection (4) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

.

4

In section 12 of the Contempt of Court Act 1981 (maximum fine for contempt in face of magistrates' court), the following subsection shall be substituted for subsection (2A)—

2A

A fine imposed under subsection (2) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

.

5

In section 14 of that Act (maximum fine for contempt in an inferior court), the following subsection shall be substituted for the subsection (2A) inserted by the Criminal Justice Act 1991—

2A

A fine imposed under subsection (2) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

.

6

In section 58 of the Criminal Justice Act 1991 (binding over of parent or guardian), the following subsection shall be substituted for subsection (4)—

4

A fine imposed under subsection (2)(b) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

.

7

In paragraph 6 of Schedule 2 to the Criminal Justice Act 1991 (miscellaneous supplemental provisions), the following sub-paragraph shall be substituted for sub-paragraph (2)—

2

A fine imposed under paragraph 3(1)(a) or 4(1)(a) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

.

Schedule 4

Section 77.

Extensions and ExemptionsThe Drug Trafficking Offences Act 1986 (c. 32)1

The following section shall be inserted in the Drug Trafficking Offences Act 1986, after section 36A—

36BExtension of certain offences to Crown servants and exemptions for regulators etc. 1

The Secretary of State may by regulations provide that, in such circumstances as may be prescribed, sections 23A, 24, 26B, 26C and 31 of this Act shall apply to such persons in the public service of the Crown, or such categories of person in that service, as may be prescribed.

2

Section 26B of this Act shall not apply to—

a

any person designated by regulations made by the Secretary of State for the purpose of this paragraph; or

b

in such circumstances as may be prescribed, any person who falls within such category of person as may be prescribed for the purpose of this paragraph.

3

The Secretary of State may designate, for the purpose of paragraph (a) of subsection (2) above, any person appearing to him to be performing regulatory, supervisory, investigative or registration functions.

4

The categories of person prescribed by the Secretary of State, for the purpose of paragraph (b) of subsection (2) above, shall be such categories of person connected with the performance by any designated person of regulatory, supervisory, investigative or registration functions as he considers it appropriate to prescribe.

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.

.

The Criminal Justice (Scotland) Act 1987 (c. 41)2

The same section as is inserted in the Act of 1986 by paragraph 1 shall be inserted in the Criminal Justice (Scotland) Act 1987, after section 46, as section 46A, but with the substitution—

a

in subsection (1), of “sections 42 to 43B of this Act” for “sections 23A, 24, 26B, 26C and 31 of this Act”; and

b

in subsection (2), of “43A” for “26B”.

The Criminal Justice Act 1988 (c. 33)3

The same section as is inserted in the Act of 1986 by paragraph 1 shall be inserted in the Criminal Justice Act 1988, after section 93F, as section 93G, but with—

a

the substitution in subsection (1), of “sections 93A, 93B, 93C(2) and 93D above” for “sections 23A, 24, 26B, 26C and 31 of this Act”; and

b

the omission of subsections (2) to (4).

The Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)4

The same section as is inserted in the Act of 1986 by paragraph 1 shall be inserted in the Prevention of Terrorism (Temporary Provisions) Act 1989, immediately after section 19, as section 19A, but with the substitution—

a

in subsection (1), of “sections 9 to 11, 17 and 18A above” for “sections 23A, 24, 26B, 26C and 31 of this Act”; and

b

in subsection (2), of “18A” for “26B”.

The Criminal Justice (International Co-operation) Act 1990 (c. 5)5

The same section as is inserted in the Act of 1986 by paragraph 1 shall be inserted in the Criminal Justice (International Co-operation) Act 1990, after section 23, as section 23A, but with—

a

the substitution in subsection (1), of “section 14(2) above” for “sections 23A, 24, 26B, 26C and 31 of this Act”; and

b

the omission of subsections (2) to (4).

The Northern Ireland (Emergency Provisions) Act 1991 (c. 24)6

The same section as is inserted in the Act of 1986 by paragraph 1 shall be inserted in the Northern Ireland (Emergency Provisions) Act 1991, after section 55, as section 55A, but with the substitution—

a

in subsection (1), of “sections 53, 54(2) to (6) and 54A above” for “sections 23A, 24, 26B, 26C and 31 of this Act”; and

b

in subsection (2), of “54A” for “26B”.

SCHEDULE 5

Section 79(13).

Consequential AmendmentsPart IEnactmentsThe Criminal Appeal Act 1968 (c. 19)1

In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), the following shall be substituted for subsection (1)—

1

In this Act “sentence”, in relation to an offence, includes any order made by a court when dealing with an offender including, in particular—

a

a hospital order under Part III of the Mental Health Act 1983, with or without a restriction order;

b

an interim hospital order under that Part;

c

a recommendation for deportation;

d

a confiscation order under the Drug Trafficking Offences Act 1986 other than one made by the High Court;

e

a confiscation order under Part VI of the Criminal Justice Act 1988;

f

an order varying a confiscation order of a kind which is included by virtue of paragraph (d) or (e) above;

g

an order made by the Crown Court varying a confiscation order which was made by the High Court by virtue of section 4A of the Act of 1986; and

h

a declaration of relevance under the Football Spectators Act 1989.

.

The Criminal Procedure (Scotland) Act 1975 (c. 21)21

The Criminal Procedure (Scotland) Act 1975 shall be amended as follows.

2

In each of sections 181 and 382 (admonition in, respectively, solemn and summary proceedings), for “found guilty” substitute “convicted”.

3

In section 191 (effects of probation and absolute discharge: solemn proceedings), for paragraph (a) of subsection (3) substitute—

a

any right to appeal;

.

4

In section 233 (note of appeal)—

a

in subsection (1)—

i

in paragraph (a), for “against sentence alone” substitute “under section 228(1)(b), (bb), (bc) or (bd) of this Act” and after “sentence”, where it occurs for the second time, insert “(or as the case may be, of the making of the order disposing of the case or deferring sentence)”; and

ii

in paragraph (b), after “sentence” insert “(or as the case may be, of the making of the order disposing of the case or deferring sentence)”; and

b

in subsection (4), for “against sentence alone” substitute “under section 228(1)(b), (bb), (bc) or (bd)”.

5

In section 238(1) (admission to bail), for paragraph (b) substitute—

b

any relevant appeal by the Lord Advocate under section 228A of this Act.

.

6

In section 244(2) (abandonment of appeal), after “sentence”—

a

where it first occurs, insert “(or as the case may be against both conviction and disposal or order)”; and

b

where it occurs for the second time, insert “(or disposal or order)”.

7

In section 254 (disposal of appeals in solemn proceedings)—

a

in subsection (2)—

i

after “appellant” insert “(or as the case may be any disposal or order made)”;

ii

in each of paragraphs (a) and (b), after “sentence” insert “(or disposal or order)”;

iii

after “sentence”, where it occurs for the fourth time, insert “or make another (but not more severe) disposal or order”; and

iv

after “sentence”, where it occurs for the fifth time, insert “, disposal or order”;

b

in subsection (4), after “appellant” insert “(or disposal or order made)”; and

c

after subsection (4) insert—

4A

In subsection (3) above, “appeal against sentence” shall, without prejudice to the generality of the expression, be construed as including an appeal under section 228(1)(bb), (bc) or (bd), and any appeal under section 228A, of this Act; and other references to sentence in that subsection shall be construed accordingly.

.

8

In section 268 (reckoning of time spent in custody pending appeal), in each of subsections (1) and (2), for “appeal by the Lord Advocate against the sentence passed on conviction” substitute “relevant appeal by the Lord Advocate under section 228A of this Act”.

9

In section 392 (effects of probation and absolute discharge: summary proceedings) for paragraph (a) of subsection (3) substitute—

a

any right to appeal;

.

10

In section 442B (method of appeal against sentence alone in summary proceedings)—

a

after “person” insert “, or as the case may be a person found to have committed an offence,”;

b

the words “against sentence alone” shall cease to have effect; and

c

after “442(1)(a)(ii)” insert “or (iia)”.

11

In section 443A (suspension of disqualification, forfeiture, etc.), in each of subsections (1) and (2), at the end add “(or disposal or order)”.

12

In section 444(1)(b) (contents of application for stated case), after “sentence” insert “or disposal or order”.

13

In section 452A (disposal of stated case)—

a

in subsection (2), after “sentence”, where it first occurs, insert “(“sentence” being construed in this subsection and in subsection (3) below as including disposal or order)”; and

b

after subsection (4) insert—

4A

Any reference in subsection (4) above to convicting and sentencing shall be construed as including a reference to convicting and making some other disposal or convicting and deferring sentence.

14

In section 453B (appeals against sentence only in summary proceedings)—

a

in each of subsections (1), (2), (7) and (8), after “442(1)(a)(ii)” insert “or (iia)”;

b

in subsection (2)—

i

in paragraph (a), after “sentence” insert “(or as the case may be of the making of the order disposing of the case or deferring sentence)”; and

ii

in paragraph (b), at the end add “(or making)”;

c

in subsection (3)(b), at the end add “(or as the case may be who disposed of the case or deferred sentence)”; and

d

in subsection (4), after “sentence” add “(or within two weeks of the disposal or order)”.

15

In section 453C (disposal in summary proceedings of appeal by note of appeal)—

a

in subsection (3), after “442(1)(a)(ii)” insert “or (iia)”; and

b

at the end add—

4

In subsection (1) above, “appeal against sentence” shall, without prejudice to the generality of the expression, be construed as including an appeal under section 442(1)(a)(iia), and any appeal under section 442(1)(c), of this Act; and without prejudice to subsection (5) below, other references to sentence in that subsection and in subsection (3) above shall be construed accordingly.

5

In disposing of any appeal in a case where the accused has not been convicted, the High Court may proceed to convict him; and where it does, the reference in subsection (3) above to the conviction in respect of which the sentence appealed against was imposed shall be construed as a reference to the disposal or order appealed against.

.

The Criminal Appeal (Northern Ireland) Act 1980 (c. 47)3

The provisions of section 30 of the Criminal Appeal (Northern Ireland) Act 1980 (interpretation of Part I) shall become subsection (1) of that section and the following subsection shall be added—

2

In this Part of this Act “sentence” also includes—

a

a confiscation order made by the Crown Court under the Northern Ireland (Emergency Provisions) Act 1991;

b

an order varying such an order; and

c

an order made by the Crown Court varying a confiscation order made by the High Court by virtue of section 52B of the Act of 1991.

.

The Companies Act 1985 (c. 6)41

In section 744 of the Companies Act 1985 (interpretation), for the definition of “the Insider Dealing Act”, there shall be substituted—

“the insider dealing legislation” means Part V of the Criminal Justice Act 1993 (insider dealing).

2

In the 1985 Act for “Insider Dealing Act”, wherever it occurs, there shall be substituted “insider dealing legislation”.

The Drug Trafficking Offences Act 1986 (c. 32)5

In section 3(3) of the Drug Trafficking Offences Act 1986 (statements relating to drug trafficking) for “(2)” there shall be substituted “(1D)”.

6

In section 38(1) of the 1986 Act (interpretation), the following definitions shall be inserted at the appropriate places—

“confiscation order” means an order under section 1 of this Act and includes, in particular, an order under that section which is made by virtue of section 4A, 5A or 5B;

“defendant” means a person against whom proceedings have been instituted for a drug trafficking offence (whether or not he has been convicted);

.

The Financial Services Act 1986 (c. 60)7

The Financial Services Act 1986 shall be amended as follows.

8

In section 128C(3)(b) (enforcement in support of overseas regulatory authority) for “the Company Securities (Insider Dealing) Act 1985” there shall be substituted “Part V of the Criminal Justice Act 1993 (insider dealing)”.

91

In section 177 (investigations into insider dealing), in subsection (1)—

a

for the words “there may have been a contravention of section 1, 2, 4 or 5 of the Company Securities (Insider Dealing) Act 1985” there shall be substituted “an offence under Part V of the Criminal Justice Act 1993 (insider dealing) may have been committed”; and

b

for the words “contravention has occurred” there shall be substituted “offence has been committed”.

2

In subsection (3) of that section—

a

for the word “contravention” there shall be substituted “offence”; and

b

in paragraph (a) for the words from “relating to” to the end there shall be substituted “which appear to them to be relevant to the investigation”.

3

In subsection (4) of that section for the word “contravention” there shall be substituted “offence”.

101

In section 178 (penalties for failure to co-operate with s. 177 investigations), in subsection (1) for the words “contravention has occurred” there shall be substituted “offence has been committed”.

2

In subsection (6) of that section for the words “contravention or suspected contravention” there shall be substituted “offence or suspected offence”.

11

In subsection (1) of section 189 (restriction of Rehabilitation of Offenders Act 1974), in paragraph (b) “(including insider dealing)” shall be omitted and at the end there shall be inserted “or insider dealing”.

121

In section 199 (powers of entry), in subsection (1) for paragraph (b) there shall be substituted—

b

under Part V of the Criminal Justice Act 1993 (insider dealing).

.

2

After subsection (8) of that section there shall be inserted—

8A

In the application of this section to Northern Ireland for the references to information on oath substitute references to complaint on oath.

.

The Banking Act 1987 (c. 22)13

In section 84(6)(b) of the Banking Act 1987 (disclosure for facilitating discharge of functions by other supervisory authorities) for “the Company Securities (Insider Dealing) Act 1985” there shall be substituted “Part V of the Criminal Justice Act 1993 (insider dealing)”.

The Criminal Justice Act 1988 (c. 33)141

Section 98 of the Criminal Justice Act 1988 (disclosure of information subject to contractual restriction on disclosure) shall cease to have effect.

2

In section 172 of the 1988 Act (extent)—

a

in subsection (2), after “84 to 88” there shall be inserted “sections 93A to 93D; sections 93F and 93G”; and

b

in subsection (4), after “sections 90 to 93” there shall be inserted “section 93E”.

The Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)15

In section 19(1) of the Prevention of Terrorism (Temporary Provisions) Act 1989 (institution of proceedings) for the words “or 18” in both places where they occur there shall be substituted “, 18 or 18A”.

The Companies Act 1989 (c. 40)16

In section 82(2)(b) of the Companies Act 1989 (request for assistance by overseas regulatory authority) for “the Company Securities (Insider Dealing) Act 1985” there shall be substituted “Part V of the Criminal Justice Act 1993 (insider dealing)”.

The Northern Ireland (Emergency Provisions) Act 1991 (c. 24)171

In section 49(1)(a) of the Northern Ireland (Emergency Provisions) Act 1991 (relevant offences)—

a

after “(c)” there shall be inserted “, (dd)”; and

b

after “(k)” there shall be inserted “, (kk);”.

2

In section 56(1) of the 1991 Act (interpretation of confiscation provisions), at the end of the definition of “confiscation order”, there shall be added “and includes, in particular, an order under that section which is made by virtue of section 48A or 52B above”.

3

In section 69(2)(c) of the 1991 Act, for “paragraph 20” there shall be substituted “paragraphs 20 to 20C”.

4

In section 71(2) of the 1991 Act (extent), for “54” there shall be substituted “to 54A, 55A”.

5

In Part I of Schedule 1 (scheduled offences) to the 1991 Act—

a

after paragraph 20(d) there shall be inserted—

d

section 18A (failure to disclose knowledge or suspicion of financial assistance for terrorism);

and

b

after paragraph 22(k) there shall be inserted—

k

section 54A;

.

6

In paragraph 2(5) of Schedule 4 to the 1991 Act (application of procedure for enforcing fines), after “made by”, where those words first occur, there shall be inserted “the High Court, by virtue of section 52B of this Act, or by”.

7

The following sub-paragraph shall be added at the end of paragraph 2 of Schedule 4 to the 1991 Act—

7

Where the High Court makes a confiscation order by virtue of section 52B of this Act in relation to a defendant who has died, sub-paragraph (1) above shall be read as referring only to sections 35(1)(a), (b) and (d) and 35(4)(a) and (b) of the Act of 1945.

.

Part IIOrders in Council under the Northern Ireland Act 1974The Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I.6))181

In Article 2(3) of the Companies (Northern Ireland) Order 1986 (interpretation), for the definition of “the Insider Dealing Order” there shall be substituted—

“the insider dealing legislation” means Part V of the Criminal Justice Act 1993 (insider dealing)

;

2

In the 1986 Order, for “Insider Dealing Order”, wherever it occurs, there shall be substituted “insider dealing legislation”.

191

In Article 442 of that Order (provision for security of information obtained), in paragraph (1), in sub-paragraph (c) for “Article 16A of the Insider Dealing Order or section 94” there shall be substituted “section 94 or 177”.

2

In paragraph (3) of that Article, in sub-paragraph (b) for “Article 16A of the Insider Dealing Order or section 94” there shall be substituted “section 94 or 177”.

20

In paragraph (3) of Article 444A of that Order (disclosure of information by Department or inspector) in sub-paragraph (a) for “Article 16A of the Insider Dealing Order or section 94” there shall be substituted “section 94 or 177”.

The Companies (Northern Ireland) Order 1989 (S.I. 1989/2404 (N.I.18))21

In Article 3(1) of the Companies (Northern Ireland) Order 1989 (interpretation), in the definition of “the companies legislation”, for “the Insider Dealing Order” there shall be substituted “Part V of the Criminal Justice Act 1993 (insider dealing)”.

The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))22

In Article 104A(1)(c) of the Insolvency (Northern Ireland) Order 1989 (petition for winding-up on grounds of public interest) after “94” there shall be inserted “or 177”.

SCHEDULE 6

Section 79(14).

Repeals and RevocationsPart IRepeals

Chapter

Short title

Extent of repeal

1975 c. 21.

The Criminal Procedure (Scotland) Act 1975.

In section 442B, the words “against sentence alone”.

1980 c. 43.

The Magistrates Courts Act 1980.

In section 12(1)(a) the words “and section 18 of the Criminal Justice Act 1991 (unit fines)”.

1985 c. 8.

The Company Securities (Insider Dealing) Act 1985.

The whole Act.

1986 c. 32.

The Drug Trafficking Offences Act 1986.

In section 1, in subsection (5)(b)(iii), the words from “section 39” to “bankruptcy orders)” and subsection (8).

In section 5(3), the words “sections 3 and 4 of”.

In section 26A(3), the words from “or by” to the end.

In section 27(5), the words “or, as the case may be, the sheriff”.

In section 38(2), the entries relating to a confiscation order and a defendant.

1986 c. 60.

The Financial Services Act 1986.

Sections 173 to 176.

In section 189(1)(b), the words “(including insider dealing)”.

In Schedule 16, paragraphs 28 and 43.

1987 c. 22.

The Banking Act 1987.

In section 84(1), in the Table, in the entry beginning “An inspector appointed under Part XV of the Companies (Northern Ireland) Order” in the left-hand column the words “or under Article 16A of the Company Securities (Insider Dealing) (Northern Ireland) Order 1986” and in the right hand column the words “or that Article”.

1987 c. 38.

The Criminal Justice Act 1987.

In section 3(6)(i), the words “or any corresponding enactment having effect in Northern Ireland”.

1988 c. 33.

The Criminal Justice Act 1988.

Section 48.

Section 98.

1989 c. 4.

The Prevention of Terrorism (Temporary Provisions) Act 1989.

In section 9(1), the word “or” immediately before paragraph (b).

1989 c. 40.

The Companies Act 1989.

Section 209.

1990 c. 5.

The Criminal Justice (International Co-operation) Act 1990.

Section 14(3) and (5).

1991 c. 24.

The Northern Ireland (Emergency Provisions) Act 1991.

In section 48(3), the words “during the period of postponement”.

In section 50(2), the word “or” immediately before paragraph (c).

Section 51(3).

Section 67(6).

1991 c. 53.

The Criminal Justice Act 1991.

Section 17(3)(e).

Section 19.

Section 20(5).

Section 22.

Section 28(3).

In section 30(1), the words “or the Lord Chancellor”.

In Schedule 4, Part V.

In Schedule 11, paragraph 24.

1993 c. 9.

The Prisoners and Criminal Proceedings (Scotland) Act 1993.

In section 10(1), the words “(whether before or after the commencement of this section)”.

Part IIRevocations

Number

Title

Extent of revocation

S.I. 1986/1034 (N.I. 8).

The Company Securities (Insider Dealing) (Northern Ireland) Order 1986.

The whole Order.

S.I. 1989/2404 (N.I. 18).

The Companies (Northern Ireland) Order 1989.

In Article 2(2), the definition of “the Insider Dealing Order”.

In Article 11(1), the words “or Article 16A of the Insider Dealing Order”.

Articles 27 to 34.

Article 35(2) and (3).

S.I. 1989/2405 (N.I. 19).

The Insolvency (Northern Ireland) Order 1989.

Article 104A(1)(b).

S.I. 1990/1504 (N.I. 10).

The Companies (No.2) (Northern Ireland) Order 1990.

In Article 2(2), the definition of “the Insider Dealing Order”.

Articles 21 to 23.

S.I. 1992/3218.

The Banking Coordination (Second Council Directive) Regulations 1992.

In Schedule 8, paragraphs 8(3), 9(2) and 10(3).

In Schedule 10, paragraphs 17 and 25.

This XML file does not appear to have any style information associated with it. The document tree is shown below.
<akomaNtoso xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xsi:schemaLocation="http://docs.oasis-open.org/legaldocml/ns/akn/3.0 http://docs.oasis-open.org/legaldocml/akn-core/v1.0/cos01/part2-specs/schemas/akomantoso30.xsd">
<act name="UnitedKingdomPublicGeneralAct">
<meta>
<identification source="#source">
<FRBRWork>
<FRBRthis value="http://www.legislation.gov.uk/id/ukpga/1993/36/enacted"/>
<FRBRuri value="http://www.legislation.gov.uk/id/ukpga/1993/36/enacted"/>
<FRBRdate date="1993-07-27" name="enacted"/>
<FRBRauthor href="http://www.legislation.gov.uk/id/legislature/UnitedKingdomParliament"/>
<FRBRcountry value="GB-UKM"/>
<FRBRnumber value="36"/>
<FRBRname value="1993 c. 36"/>
<FRBRprescriptive value="true"/>
</FRBRWork>
<FRBRExpression>
<FRBRthis value="http://www.legislation.gov.uk/ukpga/1993/36/enacted"/>
<FRBRuri value="http://www.legislation.gov.uk/ukpga/1993/36/enacted"/>
<FRBRdate date="1993-07-27" name="enacted"/>
<FRBRauthor href="#source"/>
<FRBRlanguage language="eng"/>
</FRBRExpression>
<FRBRManifestation>
<FRBRthis value="http://www.legislation.gov.uk/ukpga/1993/36/enacted/data.akn"/>
<FRBRuri value="http://www.legislation.gov.uk/ukpga/1993/36/enacted/data.akn"/>
<FRBRdate date="2024-11-19Z" name="transform"/>
<FRBRauthor href="http://www.legislation.gov.uk"/>
<FRBRformat value="application/akn+xml"/>
</FRBRManifestation>
</identification>
<classification source="#source">
<keyword value="drugs use and abuse" showAs="Drugs use and abuse" dictionary="http://www.legislation.gov.uk"/>
</classification>
<lifecycle source="#source">
<eventRef date="1993-07-27" type="generation" eId="enacted-date" source="#source"/>
<eventRef date="1993-07-27" type="amendment" source="#source"/>
<eventRef date="1993-08-16" type="amendment" source="#source"/>
<eventRef date="1993-09-20" type="amendment" source="#source"/>
<eventRef date="1993-09-27" type="amendment" source="#source"/>
<eventRef date="1993-12-01" type="amendment" source="#source"/>
<eventRef date="1994-02-15" type="amendment" source="#source"/>
<eventRef date="1994-03-01" type="amendment" source="#source"/>
<eventRef date="1994-04-01" type="amendment" source="#source"/>
<eventRef date="1994-08-22" type="amendment" source="#source"/>
<eventRef date="1995-01-09" type="amendment" source="#source"/>
<eventRef date="1995-02-03" type="amendment" source="#source"/>
<eventRef date="1995-08-14" type="amendment" source="#source"/>
<eventRef date="1996-04-01" type="amendment" source="#source"/>
<eventRef date="1996-08-25" type="amendment" source="#source"/>
<eventRef date="1999-06-01" type="amendment" source="#source"/>
<eventRef date="1999-12-02" type="amendment" source="#source"/>
<eventRef date="2000-08-01" type="amendment" source="#source"/>
<eventRef date="2000-08-25" type="amendment" source="#source"/>
<eventRef date="2000-11-22" type="amendment" source="#source"/>
<eventRef date="2001-02-19" type="amendment" source="#source"/>
<eventRef date="2001-12-01" type="amendment" source="#source"/>
<eventRef date="2003-02-24" type="amendment" source="#source"/>
<eventRef date="2003-03-24" type="amendment" source="#source"/>
<eventRef date="2003-06-24" type="amendment" source="#source"/>
<eventRef date="2003-09-05" type="amendment" source="#source"/>
<eventRef date="2004-01-01" type="amendment" source="#source"/>
<eventRef date="2005-03-17" type="amendment" source="#source"/>
<eventRef date="2006-06-07" type="amendment" source="#source"/>
<eventRef date="2007-01-01" type="amendment" source="#source"/>
<eventRef date="2007-01-15" type="amendment" source="#source"/>
<eventRef date="2008-10-01" type="amendment" source="#source"/>
<eventRef date="2009-10-01" type="amendment" source="#source"/>
<eventRef date="2011-01-21" type="amendment" source="#source"/>
<eventRef date="2011-04-22" type="amendment" source="#source"/>
<eventRef date="2013-04-01" type="amendment" source="#source"/>
<eventRef date="2014-01-01" type="amendment" source="#source"/>
<eventRef date="2016-07-03" type="amendment" source="#source"/>
<eventRef date="2019-02-19" type="amendment" source="#source"/>
<eventRef date="2020-12-31" type="amendment" source="#source"/>
<eventRef date="2021-11-01" type="amendment" source="#source"/>
<eventRef date="2023-06-15" type="amendment" source="#source"/>
<eventRef date="2024-01-01" type="amendment" source="#source"/>
</lifecycle>
<references source="#source">
<TLCOrganization eId="source" href="http://www.legislation.gov.uk/id/publisher/KingsOrQueensPrinterOfActsOfParliament" showAs="King's Printer of Acts of Parliament"/>
<passiveRef href="http://www.legislation.gov.uk/id/nisi/2005/1967" showAs="The Companies (Audit, Investigations and Community Enterprise) (Northern Ireland) Order 2005"/>
<passiveRef href="http://www.legislation.gov.uk/id/ukpga/2003/44" showAs="Criminal Justice Act 2003"/>
<passiveRef href="http://www.legislation.gov.uk/id/ukpga/2006/46" showAs="Companies Act 2006"/>
</references>
<notes source="#source">
<note class="margin-note" eId="m00001">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1968/60">1968 c. 60</ref>
.
</p>
</note>
<note class="margin-note" eId="m00002">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1978/31">1978 c. 31</ref>
.
</p>
</note>
<note class="margin-note" eId="m00003">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1981/45">1981 c. 45</ref>
.
</p>
</note>
<note class="margin-note" eId="m00004">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1977/45">1977 c. 45</ref>
.
</p>
</note>
<note class="margin-note" eId="m00005">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1981/47">1981 c. 47</ref>
.
</p>
</note>
<note class="margin-note" eId="m00006">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1977/45">1977 c. 45</ref>
.
</p>
</note>
<note class="margin-note" eId="m00007">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1981/47">1981 c. 47</ref>
.
</p>
</note>
<note class="margin-note" eId="m00008">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1977/45">1977 c. 45</ref>
.
</p>
</note>
<note class="margin-note" eId="m00009">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1981/47">1981 c. 47</ref>
.
</p>
</note>
<note class="margin-note" eId="m00010">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1987/38">1987 c. 38</ref>
.
</p>
</note>
<note class="margin-note" eId="m00011">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 c. 32</ref>
.
</p>
</note>
<note class="margin-note" eId="m00012">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 c. 32</ref>
.
</p>
</note>
<note class="margin-note" eId="m00013">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 c. 32</ref>
.
</p>
</note>
<note class="margin-note" eId="m00014">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 c. 32</ref>
.
</p>
</note>
<note class="margin-note" eId="m00015">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 c. 32</ref>
.
</p>
</note>
<note class="margin-note" eId="m00016">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 c. 32</ref>
.
</p>
</note>
<note class="margin-note" eId="m00017">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1973/62">1973 c. 62</ref>
.
</p>
</note>
<note class="margin-note" eId="m00018">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 c. 32</ref>
.
</p>
</note>
<note class="margin-note" eId="m00019">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1990/5">1990 c. 5</ref>
.
</p>
</note>
<note class="margin-note" eId="m00020">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1990/5">1990 c. 5</ref>
.
</p>
</note>
<note class="margin-note" eId="m00021">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1990/5">1990 c. 5</ref>
.
</p>
</note>
<note class="margin-note" eId="m00022">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 c. 32</ref>
.
</p>
</note>
<note class="margin-note" eId="m00023">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1971/38">1971 c. 38</ref>
.
</p>
</note>
<note class="margin-note" eId="m00024">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1973/62">1973 c. 62</ref>
.
</p>
</note>
<note class="margin-note" eId="m00025">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 c. 32</ref>
.
</p>
</note>
<note class="margin-note" eId="m00026">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1973/62">1973 c. 62</ref>
.
</p>
</note>
<note class="margin-note" eId="m00027">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 c. 32</ref>
.
</p>
</note>
<note class="margin-note" eId="m00028">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1987/41">1987 c. 41</ref>
.
</p>
</note>
<note class="margin-note" eId="m00029">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 c. 32</ref>
.
</p>
</note>
<note class="margin-note" eId="m00030">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1990/5">1990 c. 5</ref>
.
</p>
</note>
<note class="margin-note" eId="m00031">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 c. 32</ref>
.
</p>
</note>
<note class="margin-note" eId="m00032">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1987/41">1987 c. 41</ref>
.
</p>
</note>
<note class="margin-note" eId="m00033">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1990/5">1990 c. 5</ref>
.
</p>
</note>
<note class="margin-note" eId="m00034">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 c. 32</ref>
.
</p>
</note>
<note class="margin-note" eId="m00035">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1979/2">1979 c. 2</ref>
.
</p>
</note>
<note class="margin-note" eId="m00036">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1990/5">1990 c. 5</ref>
.
</p>
</note>
<note class="margin-note" eId="m00037">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1987/41">1987 c. 41</ref>
.
</p>
</note>
<note class="margin-note" eId="m00038">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1979/2">1979 c. 2</ref>
.
</p>
</note>
<note class="margin-note" eId="m00039">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1990/5">1990 c. 5</ref>
.
</p>
</note>
<note class="margin-note" eId="m00040">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1990/5">1990 c. 5</ref>
.
</p>
</note>
<note class="margin-note" eId="m00041">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 c. 32</ref>
.
</p>
</note>
<note class="margin-note" eId="m00042">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1987/41">1987 c. 41</ref>
.
</p>
</note>
<note class="margin-note" eId="m00043">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1988/33">1988 c. 33</ref>
.
</p>
</note>
<note class="margin-note" eId="m00044">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1990/5">1990 c. 5</ref>
.
</p>
</note>
<note class="margin-note" eId="m00045">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 c. 32</ref>
.
</p>
</note>
<note class="margin-note" eId="m00046">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1982/27">1982 c. 27</ref>
.
</p>
</note>
<note class="margin-note" eId="m00047">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 c. 32</ref>
.
</p>
</note>
<note class="margin-note" eId="m00048">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1990/5">1990 c. 5</ref>
.
</p>
</note>
<note class="margin-note" eId="m00049">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1982/27">1982 c. 27</ref>
.
</p>
</note>
<note class="margin-note" eId="m00050">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1984/60">1984 c. 60</ref>
.
</p>
</note>
<note class="margin-note" eId="m00051">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1987/41">1987 c. 41</ref>
.
</p>
</note>
<note class="margin-note" eId="m00052">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1990/5">1990 c. 5</ref>
.
</p>
</note>
<note class="margin-note" eId="m00053">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 c. 32</ref>
.
</p>
</note>
<note class="margin-note" eId="m00054">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1987/41">1987 c. 41</ref>
.
</p>
</note>
<note class="margin-note" eId="m00055">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1988/33">1988 c. 33</ref>
.
</p>
</note>
<note class="margin-note" eId="m00056">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1980/43">1980 c. 43</ref>
.
</p>
</note>
<note class="margin-note" eId="m00057">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1988/33">1988 c. 33</ref>
.
</p>
</note>
<note class="margin-note" eId="m00058">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1988/33">1988 c. 33</ref>
.
</p>
</note>
<note class="margin-note" eId="m00059">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1988/33">1988 c. 33</ref>
.
</p>
</note>
<note class="margin-note" eId="m00060">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1988/33">1988 c. 33</ref>
.
</p>
</note>
<note class="margin-note" eId="m00061">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1988/33">1988 c. 33</ref>
.
</p>
</note>
<note class="margin-note" eId="m00062">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1987/41">1987 c. 41</ref>
.
</p>
</note>
<note class="margin-note" eId="m00063">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1989/4">1989 c. 4</ref>
.
</p>
</note>
<note class="margin-note" eId="m00064">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1988/33">1988 c. 33</ref>
.
</p>
</note>
<note class="margin-note" eId="m00065">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1982/27">1982 c. 27</ref>
.
</p>
</note>
<note class="margin-note" eId="m00066">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1979/2">1979 c. 2</ref>
.
</p>
</note>
<note class="margin-note" eId="m00067">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/24">1991 c. 24</ref>
.
</p>
</note>
<note class="margin-note" eId="m00068">
<p>
<ref href="http://www.legislation.gov.uk/id/nisi/1989/1344">S.I. 1989/1344 (N.I. 15)</ref>
.
</p>
</note>
<note class="margin-note" eId="m00069">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/24">1991 c. 24</ref>
.
</p>
</note>
<note class="margin-note" eId="m00070">
<p>
<ref href="http://www.legislation.gov.uk/id/apni/1945/15">1945 c. 15 (N.I.)</ref>
.
</p>
</note>
<note class="margin-note" eId="m00071">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/24">1991 c. 24</ref>
.
</p>
</note>
<note class="margin-note" eId="m00072">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/24">1991 c. 24</ref>
.
</p>
</note>
<note class="margin-note" eId="m00073">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/24">1991 c. 24</ref>
.
</p>
</note>
<note class="margin-note" eId="m00074">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/24">1991 c. 24</ref>
.
</p>
</note>
<note class="margin-note" eId="m00075">
<p>
<ref href="http://www.legislation.gov.uk/id/nisi/1980/704">S. I. 1980/704 (N.I. 6)</ref>
.
</p>
</note>
<note class="margin-note" eId="m00076">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/24">1991 c. 24</ref>
.
</p>
</note>
<note class="margin-note" eId="m00077">
<p>
<ref href="http://www.legislation.gov.uk/id/apni/1945/15">1945 c. 15 (N.I.)</ref>
.
</p>
</note>
<note class="margin-note" eId="m00078">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/24">1991 c. 24</ref>
.
</p>
</note>
<note class="margin-note" eId="m00079">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1973/62">1973 c. 62</ref>
.
</p>
</note>
<note class="margin-note" eId="m00080">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1975/21">1975 c. 21</ref>
.
</p>
</note>
<note class="margin-note" eId="m00081">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1982/27">1982 c. 27</ref>
.
</p>
</note>
<note class="margin-note" eId="m00082">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/24">1991 c. 24</ref>
.
</p>
</note>
<note class="margin-note" eId="m00083">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1989/4">1989 c. 4</ref>
.
</p>
</note>
<note class="margin-note" eId="m00084">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1989/4">1989 c. 4</ref>
.
</p>
</note>
<note class="margin-note" eId="m00085">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/24">1991 c. 24</ref>
.
</p>
</note>
<note class="margin-note" eId="m00086">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1989/4">1989 c. 4</ref>
.
</p>
</note>
<note class="margin-note" eId="m00087">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/53">1991 c. 53</ref>
.
</p>
</note>
<note class="margin-note" eId="m00088">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/53">1991 c. 53</ref>
.
</p>
</note>
<note class="margin-note" eId="m00089">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1973/62">1973 c. 62</ref>
.
</p>
</note>
<note class="margin-note" eId="m00090">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1980/43">1980 c. 43</ref>
.
</p>
</note>
<note class="margin-note" eId="m00091">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1988/53">1988 c. 53</ref>
.
</p>
</note>
<note class="margin-note" eId="m00092">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1988/52">1988 c. 52</ref>
.
</p>
</note>
<note class="margin-note" eId="m00093">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1933/12">1933 c. 12</ref>
.
</p>
</note>
<note class="margin-note" eId="m00094">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1975/21">1975 c. 21</ref>
.
</p>
</note>
<note class="margin-note" eId="m00095">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1978/49">1978 c. 49</ref>
.
</p>
</note>
<note class="margin-note" eId="m00096">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1978/49">1978 c. 49</ref>
</p>
</note>
<note class="margin-note" eId="m00097">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1975/21">1975 c. 21</ref>
.
</p>
</note>
<note class="margin-note" eId="m00098">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1972/68">1972 c. 68</ref>
.
</p>
</note>
<note class="margin-note" eId="m00099">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1987/22">1987 c. 22</ref>
.
</p>
</note>
<note class="margin-note" eId="m00100">
<p>O.J. No. L386/1.</p>
</note>
<note class="margin-note" eId="m00101">
<p>O.J. No. L110/52.</p>
</note>
<note class="margin-note" eId="m00102">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1979/2">1979 c. 2</ref>
.
</p>
</note>
<note class="margin-note" eId="m00103">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1965/45">1965 c. 45</ref>
.
</p>
</note>
<note class="margin-note" eId="m00104">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1982/48">1982 c. 48</ref>
.
</p>
</note>
<note class="margin-note" eId="m00105">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 c. 32</ref>
.
</p>
</note>
<note class="margin-note" eId="m00106">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1988/33">1988 c. 33</ref>
.
</p>
</note>
<note class="margin-note" eId="m00107">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1993/9">1993 c. 9</ref>
.
</p>
</note>
<note class="margin-note" eId="m00108">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/53">1991 c. 53</ref>
.
</p>
</note>
<note class="margin-note" eId="m00109">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1975/21">1975 c. 21</ref>
.
</p>
</note>
<note class="margin-note" eId="m00110">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1993/9">1993 c. 9</ref>
.
</p>
</note>
<note class="margin-note" eId="m00111">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 c. 32</ref>
.
</p>
</note>
<note class="margin-note" eId="m00112">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/24">1991 c. 24</ref>
.
</p>
</note>
<note class="margin-note" eId="m00113">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1989/4">1989 c. 4</ref>
.
</p>
</note>
<note class="margin-note" eId="m00114">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/24">1991 c. 24</ref>
.
</p>
</note>
<note class="margin-note" eId="m00115">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1973/36">1973 c. 36</ref>
.
</p>
</note>
<note class="margin-note" eId="m00116">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1974/28">1974 c. 28</ref>
.
</p>
</note>
<note class="margin-note" eId="m00117">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/60">1986 c. 60</ref>
.
</p>
</note>
<note class="margin-note" eId="m00118">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/60">1986 c. 60</ref>
.
</p>
</note>
<note class="margin-note" eId="m00119">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/53">1991 c. 53</ref>
.
</p>
</note>
<note class="margin-note" eId="m00120">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1980/43">1980 c. 43</ref>
.
</p>
</note>
<note class="margin-note" eId="m00121">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1933/12">1933 c. 12</ref>
.
</p>
</note>
<note class="margin-note" eId="m00122">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1980/43">1980 c. 43</ref>
.
</p>
</note>
<note class="margin-note" eId="m00123">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1973/62">1973 c. 62</ref>
.
</p>
</note>
<note class="margin-note" eId="m00124">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1989/41">1989 c. 41</ref>
.
</p>
</note>
<note class="margin-note" eId="m00125">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1969/54">1969 c. 54</ref>
.
</p>
</note>
<note class="margin-note" eId="m00126">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1973/62">1973 c. 62</ref>
.
</p>
</note>
<note class="margin-note" eId="m00127">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1980/43">1980 c. 43</ref>
.
</p>
</note>
<note class="margin-note" eId="m00128">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1981/49">1981 c. 49</ref>
.
</p>
</note>
<note class="margin-note" eId="m00129">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/53">1991 c. 53</ref>
.
</p>
</note>
<note class="margin-note" eId="m00130">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1983/20">1983 c. 20</ref>
.
</p>
</note>
<note class="margin-note" eId="m00131">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 c. 32</ref>
.
</p>
</note>
<note class="margin-note" eId="m00132">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1988/33">1988 c. 33</ref>
.
</p>
</note>
<note class="margin-note" eId="m00133">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1989/37">1989 c. 37</ref>
.
</p>
</note>
<note class="margin-note" eId="m00134">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/24">1991 c. 24</ref>
.
</p>
</note>
<note class="margin-note" eId="m00135">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1985/8">1985 c. 8</ref>
.
</p>
</note>
</notes>
<proprietary xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:ukm="http://www.legislation.gov.uk/namespaces/metadata" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:dct="http://purl.org/dc/terms/" xmlns:atom="http://www.w3.org/2005/Atom" source="#source">
<dc:identifier>http://www.legislation.gov.uk/ukpga/1993/36/enacted</dc:identifier>
<dc:title>Criminal Justice Act 1993</dc:title>
<dc:subject>Drugs use and abuse</dc:subject>
<dc:publisher>King's Printer of Acts of Parliament</dc:publisher>
<dc:modified>2021-08-03</dc:modified>
<atom:link rel="self" href="http://www.legislation.gov.uk/ukpga/1993/36/enacted/data.xml" type="application/xml"/>
<atom:link rel="http://www.legislation.gov.uk/def/navigation/resources" href="http://www.legislation.gov.uk/ukpga/1993/36/resources" title="More Resources"/>
<atom:link rel="http://www.legislation.gov.uk/def/navigation/act" href="http://www.legislation.gov.uk/ukpga/1993/36/enacted" title="whole act"/>
<atom:link rel="http://www.legislation.gov.uk/def/navigation/introduction" href="http://www.legislation.gov.uk/ukpga/1993/36/introduction/enacted" title="introduction"/>
<atom:link rel="http://www.legislation.gov.uk/def/navigation/body" href="http://www.legislation.gov.uk/ukpga/1993/36/body/enacted" title="body"/>
<atom:link rel="http://www.legislation.gov.uk/def/navigation/schedules" href="http://www.legislation.gov.uk/ukpga/1993/36/schedules/enacted" title="schedules"/>
<atom:link rel="alternate" type="application/rdf+xml" href="http://www.legislation.gov.uk/ukpga/1993/36/enacted/data.rdf" title="RDF/XML"/>
<atom:link rel="alternate" type="application/akn+xml" href="http://www.legislation.gov.uk/ukpga/1993/36/enacted/data.akn" title="AKN"/>
<atom:link rel="alternate" type="application/xhtml+xml" href="http://www.legislation.gov.uk/ukpga/1993/36/enacted/data.xht" title="HTML snippet"/>
<atom:link rel="alternate" type="text/html" href="http://www.legislation.gov.uk/ukpga/1993/36/enacted/data.htm" title="Website (XHTML) Default View"/>
<atom:link rel="alternate" type="text/csv" href="http://www.legislation.gov.uk/ukpga/1993/36/enacted/data.csv" title="CSV"/>
<atom:link rel="alternate" type="application/pdf" href="http://www.legislation.gov.uk/ukpga/1993/36/enacted/data.pdf" title="PDF"/>
<atom:link rel="alternate" type="application/akn+xhtml" href="http://www.legislation.gov.uk/ukpga/1993/36/enacted/data.html" title="HTML5 snippet"/>
<atom:link rel="alternate" href="http://www.legislation.gov.uk/ukpga/1993/36/pdfs/ukpga_19930036_en.pdf" type="application/pdf" title="Original PDF"/>
<atom:link rel="http://purl.org/dc/terms/tableOfContents" hreflang="en" href="http://www.legislation.gov.uk/ukpga/1993/36/contents/enacted" title="Table of Contents"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/1993-07-27" title="1993-07-27"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/1993-08-16" title="1993-08-16"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/1993-09-20" title="1993-09-20"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/1993-09-27" title="1993-09-27"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/1993-12-01" title="1993-12-01"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/1994-02-15" title="1994-02-15"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/1994-03-01" title="1994-03-01"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/1994-04-01" title="1994-04-01"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/1994-08-22" title="1994-08-22"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/1995-01-09" title="1995-01-09"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/1995-02-03" title="1995-02-03"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/1995-08-14" title="1995-08-14"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/1996-04-01" title="1996-04-01"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/1996-08-25" title="1996-08-25"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/1999-06-01" title="1999-06-01"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/1999-12-02" title="1999-12-02"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2000-08-01" title="2000-08-01"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2000-08-25" title="2000-08-25"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2000-11-22" title="2000-11-22"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2001-02-19" title="2001-02-19"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2001-12-01" title="2001-12-01"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2003-02-24" title="2003-02-24"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2003-03-24" title="2003-03-24"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2003-06-24" title="2003-06-24"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2003-09-05" title="2003-09-05"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2004-01-01" title="2004-01-01"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2005-03-17" title="2005-03-17"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2006-06-07" title="2006-06-07"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2007-01-01" title="2007-01-01"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2007-01-15" title="2007-01-15"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2008-10-01" title="2008-10-01"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2009-10-01" title="2009-10-01"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2011-01-21" title="2011-01-21"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2011-04-22" title="2011-04-22"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2013-04-01" title="2013-04-01"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2014-01-01" title="2014-01-01"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2016-07-03" title="2016-07-03"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2019-02-19" title="2019-02-19"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2020-12-31" title="2020-12-31"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2021-11-01" title="2021-11-01"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2023-06-15" title="2023-06-15"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36/2024-01-01" title="2024-01-01"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/1993/36" title="current"/>
<ukm:PrimaryMetadata>
<ukm:DocumentClassification>
<ukm:DocumentCategory Value="primary"/>
<ukm:DocumentMainType Value="UnitedKingdomPublicGeneralAct"/>
<ukm:DocumentStatus Value="final"/>
</ukm:DocumentClassification>
<ukm:Year Value="1993"/>
<ukm:Number Value="36"/>
<ukm:EnactmentDate Date="1993-07-27"/>
<ukm:ISBN Value="0105436933"/>
<ukm:UnappliedEffects>
<ukm:UnappliedEffect AffectingClass="UnitedKingdomPublicGeneralAct" AffectedExtent="E+W+S+N.I." AffectingProvisions="Sch. 16" AffectingEffectsExtent="E+W+S+N.I." Modified="2023-06-15T17:04:59Z" AffectingURI="http://www.legislation.gov.uk/id/ukpga/2006/46" EffectId="key-1c8eb7847fe3dde10e20ed083c0fee7a" AffectedClass="UnitedKingdomPublicGeneralAct" AffectingYear="2006" AffectedNumber="36" Type="repealed" AffectedProvisions="Sch. 6" AffectedYear="1993" Row="8" URI="http://www.legislation.gov.uk/id/effect/key-1c8eb7847fe3dde10e20ed083c0fee7a" RequiresApplied="true" AffectedURI="http://www.legislation.gov.uk/id/ukpga/1993/36" AffectingNumber="46">
<ukm:AffectedTitle>Criminal Justice Act 1993</ukm:AffectedTitle>
<ukm:AffectedProvisions>
<ukm:Section Ref="schedule-6" URI="http://www.legislation.gov.uk/id/ukpga/1993/36/schedule/6">Sch. 6</ukm:Section>
</ukm:AffectedProvisions>
<ukm:AffectingTitle>Companies Act 2006</ukm:AffectingTitle>
<ukm:AffectingProvisions>
<ukm:Section Ref="schedule-16" URI="http://www.legislation.gov.uk/id/ukpga/2006/46/schedule/16">Sch. 16</ukm:Section>
</ukm:AffectingProvisions>
<ukm:CommencementAuthority>
<ukm:Section Ref="section-1300-2" URI="http://www.legislation.gov.uk/id/ukpga/2006/46/section/1300/2">s.1300(2)</ukm:Section>
</ukm:CommencementAuthority>
<ukm:InForceDates>
<ukm:InForce Applied="false" Prospective="true" Qualification=""/>
</ukm:InForceDates>
</ukm:UnappliedEffect>
<ukm:UnappliedEffect AffectedExtent="E+W" EffectId="key-2f59c9c530b86d7d9b13f7da2a1c2cbe" AffectingProvisions="Sch. 37 Pt. 7" AffectedYear="1993" AffectedNumber="36" AffectingClass="UnitedKingdomPublicGeneralAct" AffectedURI="http://www.legislation.gov.uk/id/ukpga/1993/36" URI="http://www.legislation.gov.uk/id/effect/key-2f59c9c530b86d7d9b13f7da2a1c2cbe" AppliedModified="2012-09-16T00:32:50.751+01:00" Modified="2023-06-15T17:04:59Z" Row="5" Type="repealed" AffectingYear="2003" AffectedProvisions="s. 67(1)" AffectedClass="UnitedKingdomPublicGeneralAct" AffectingURI="http://www.legislation.gov.uk/id/ukpga/2003/44" RequiresApplied="true" AffectingNumber="44">
<ukm:AffectedTitle>Criminal Justice Act 1993</ukm:AffectedTitle>
<ukm:AffectedProvisions>
<ukm:Section Ref="section-67-1" URI="http://www.legislation.gov.uk/id/ukpga/1993/36/section/67/1">s. 67(1)</ukm:Section>
</ukm:AffectedProvisions>
<ukm:AffectingTitle>Criminal Justice Act 2003</ukm:AffectingTitle>
<ukm:AffectingProvisions>
<ukm:Section Ref="schedule-37" URI="http://www.legislation.gov.uk/id/ukpga/2003/44/schedule/37">Sch. 37 </ukm:Section>
<ukm:Section Ref="schedule-37-part-7" URI="http://www.legislation.gov.uk/id/ukpga/2003/44/schedule/37/part/7">Pt. 7</ukm:Section>
</ukm:AffectingProvisions>
<ukm:CommencementAuthority>
<ukm:Section Ref="section-336-3" URI="http://www.legislation.gov.uk/id/ukpga/2003/44/section/336/3">s. 336(3)</ukm:Section>
<ukm:Section Ref="section-336-4" URI="http://www.legislation.gov.uk/id/ukpga/2003/44/section/336/4">(4)</ukm:Section>
</ukm:CommencementAuthority>
<ukm:InForceDates>
<ukm:InForce Applied="false" Prospective="true" Qualification=""/>
</ukm:InForceDates>
</ukm:UnappliedEffect>
<ukm:UnappliedEffect AffectingURI="http://www.legislation.gov.uk/id/nisi/2005/1967" AffectedExtent="N.I." AffectedClass="UnitedKingdomPublicGeneralAct" AffectingNumber="1967" AffectingYear="2005" Type="repealed" Row="7" AffectingClass="NorthernIrelandOrderInCouncil" AffectingEffectsExtent="N.I." AffectedNumber="36" RequiresApplied="false" AffectedURI="http://www.legislation.gov.uk/id/ukpga/1993/36" AffectedProvisions="Sch. 5 para. 19(1)(2)" URI="http://www.legislation.gov.uk/id/effect/key-4c486961d2965728d18a9ac9c9172f54" AffectingProvisions="Sch. 3" AffectedYear="1993" Notes="This amendment not applied to legislation.gov.uk. The affecting Order is repealed by Companies Act 2006 (c. 46), ss. 1295, 1300(2), Sch. 16, the repeal was brought into force on different dates, the final date being 1.10.2009, see S.I. 2008/2860, art. 4, Sch. 1 Pt. 2 (with arts. 5, 7, 8, Sch. 2 (as amended by S.I. 2009/1802, art. 18, Sch. and S.I. 2009/2476, reg. 2(3)(4))); for details of the earlier dates see individual provisions in previous version of the Order. treat as whole extent but add "(N.I.)" in annotation" EffectId="key-4c486961d2965728d18a9ac9c9172f54" Modified="2023-06-15T17:04:59Z">
<ukm:AffectedTitle>Criminal Justice Act 1993</ukm:AffectedTitle>
<ukm:AffectedProvisions>
<ukm:Section Ref="schedule-5" URI="http://www.legislation.gov.uk/id/ukpga/1993/36/schedule/5">Sch. 5 </ukm:Section>
<ukm:Section Ref="schedule-5-paragraph-19-1" URI="http://www.legislation.gov.uk/id/ukpga/1993/36/schedule/5/paragraph/19/1">para. 19(1)</ukm:Section>
<ukm:Section Ref="schedule-5-paragraph-19-2" URI="http://www.legislation.gov.uk/id/ukpga/1993/36/schedule/5/paragraph/19/2">(2)</ukm:Section>
</ukm:AffectedProvisions>
<ukm:AffectingTitle>The Companies (Audit, Investigations and Community Enterprise) (Northern Ireland) Order 2005</ukm:AffectingTitle>
<ukm:AffectingTitle>The Companies (Audit, Investigations and Community Enterprise) (Northern Ireland) Order 2005 (repealed)</ukm:AffectingTitle>
<ukm:AffectingProvisions>
<ukm:Section Ref="schedule-3" URI="http://www.legislation.gov.uk/id/nisi/2005/1967/schedule/3">Sch. 3</ukm:Section>
</ukm:AffectingProvisions>
<ukm:CommencementAuthority>
<ukm:Section Ref="article-1-2" URI="http://www.legislation.gov.uk/id/nisi/2005/1967/article/1/2">art. 1(2)</ukm:Section>
</ukm:CommencementAuthority>
<ukm:InForceDates>
<ukm:InForce Prospective="true" Qualification=""/>
</ukm:InForceDates>
</ukm:UnappliedEffect>
</ukm:UnappliedEffects>
</ukm:PrimaryMetadata>
<ukm:Alternatives>
<ukm:Alternative URI="http://www.legislation.gov.uk/ukpga/1993/36/pdfs/ukpga_19930036_en.pdf" Date="2015-02-15"/>
</ukm:Alternatives>
<ukm:Statistics>
<ukm:TotalParagraphs Value="175"/>
<ukm:BodyParagraphs Value="127"/>
<ukm:ScheduleParagraphs Value="48"/>
<ukm:AttachmentParagraphs Value="0"/>
<ukm:TotalImages Value="0"/>
</ukm:Statistics>
</proprietary>
</meta>
<preface>
<p class="title">
<shortTitle>Criminal Justice Act 1993</shortTitle>
</p>
<p class="number">
<docNumber>1993 Chapter 36</docNumber>
</p>
<longTitle>
<p>
An Act to make provision about the jurisdiction of courts in England and Wales in relation to certain offences of dishonesty and blackmail; to amend the law about drug trafficking offences and to implement provisions of the Community Council Directive No.
<ref href="http://www.legislation.gov.uk/european/directive/1991/0308">91/308/EEC</ref>
; to amend Part VI of the Criminal Justice Act 1988; to make provision with respect to the financing of terrorism, the proceeds of terrorist-related activities and the investigation of terrorist activities; to amend Part I of the Criminal Justice Act 1991; to implement provisions of the Community Council Directive No.
<ref href="http://www.legislation.gov.uk/european/directive/1989/0592">89/592/EEC</ref>
and to amend and restate the law about insider dealing in securities; to provide for certain offences created by the Banking Coordination (Second Council Directive) Regulations 1992 to be punishable in the same way as offences under sections 39, 40 and 41 of the Banking Act 1987 and to enable regulations implementing Article 15 of the Community Council Directive No.
<ref href="http://www.legislation.gov.uk/european/directive/1989/0646">89/646/EEC</ref>
and Articles 3, 6 and 7 of the Community Council Directive No.
<ref href="http://www.legislation.gov.uk/european/directive/1992/0030">92/30/EEC</ref>
to create offences punishable in that way; to make provision with respect to the penalty for causing death by dangerous driving or causing death by careless driving while under the influence of drink or drugs; to make it an offence to assist in or induce certain conduct which for the purposes of, or in connection with, the provisions of Community law is unlawful in another member State; to provide for the introduction of safeguards in connection with the return of persons under backing of warrants arrangements; to amend the Criminal Procedure (Scotland) Act 1975 and Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993; and for connected purposes.
</p>
</longTitle>
<p class="DateOfEnactment">
<docDate date="1993-07-27">[27th July 1993]</docDate>
</p>
</preface>
<preamble>
<formula name="EnactingText">
<p>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:—</p>
</formula>
</preamble>
<body>
<part eId="part-I">
<num>PART I</num>
<heading>JURISDICTION</heading>
<section eId="section-1">
<num>1</num>
<heading>Offences to which this Part applies</heading>
<subsection eId="section-1-1">
<num>1</num>
<intro>
<p>This Part applies to two groups of offences—</p>
</intro>
<paragraph eId="section-1-1-a">
<num>a</num>
<content>
<p>any offence mentioned in subsection (2) (a “Group A offence”); and</p>
</content>
</paragraph>
<paragraph eId="section-1-1-b">
<num>b</num>
<content>
<p>any offence mentioned in subsection (3) (a “Group B offence”).</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-1-2">
<num>2</num>
<intro>
<p>The Group A offences are—</p>
</intro>
<paragraph eId="section-1-2-a">
<num>a</num>
<content>
<p>
an offence under any of the following provisions of the
<noteRef href="#m00001" placement="inline" class="margin-note"/>
Theft Act 1968—
</p>
<blockList class="unordered">
<item>
<p>section 1 (theft);</p>
</item>
<item>
<p>section 15 (obtaining property by deception);</p>
</item>
<item>
<p>section 16 (obtaining pecuniary advantage by deception);</p>
</item>
<item>
<p>section 17 (false accounting);</p>
</item>
<item>
<p>section 19 (false statements by company directors, etc.);</p>
</item>
<item>
<p>section 20(2) (procuring execution of valuable security by deception);</p>
</item>
<item>
<p>section 21 (blackmail);</p>
</item>
<item>
<p>section 22 (handling stolen goods);</p>
</item>
</blockList>
</content>
</paragraph>
<paragraph eId="section-1-2-b">
<num>b</num>
<content>
<p>
an offence under either of the following provisions of the
<noteRef href="#m00002" placement="inline" class="margin-note"/>
Theft Act 1978—
</p>
<blockList class="unordered">
<item>
<p>section 1 (obtaining services by deception);</p>
</item>
<item>
<p>section 2 (avoiding liability by deception);</p>
</item>
</blockList>
</content>
</paragraph>
<paragraph eId="section-1-2-c">
<num>c</num>
<content>
<p>
an offence under any of the following provisions of the
<noteRef href="#m00003" placement="inline" class="margin-note"/>
Forgery and Counterfeiting Act 1981—
</p>
<blockList class="unordered">
<item>
<p>section 1 (forgery);</p>
</item>
<item>
<p>section 2 (copying a false instrument);</p>
</item>
<item>
<p>section 3 (using a false instrument);</p>
</item>
<item>
<p>section 4 (using a copy of a false instrument);</p>
</item>
<item>
<p>section 5 (offences which relate to money orders, share certificates, passports, etc.);</p>
</item>
</blockList>
</content>
</paragraph>
<paragraph eId="section-1-2-d">
<num>d</num>
<content>
<p>the common law offence of cheating in relation to the public revenue.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-1-3">
<num>3</num>
<intro>
<p>The Group B offences are—</p>
</intro>
<paragraph eId="section-1-3-a">
<num>a</num>
<content>
<p>conspiracy to commit a Group A offence;</p>
</content>
</paragraph>
<paragraph eId="section-1-3-b">
<num>b</num>
<content>
<p>conspiracy to defraud;</p>
</content>
</paragraph>
<paragraph eId="section-1-3-c">
<num>c</num>
<content>
<p>attempting to commit a Group A offence;</p>
</content>
</paragraph>
<paragraph eId="section-1-3-d">
<num>d</num>
<content>
<p>incitement to commit a Group A offence.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-1-4">
<num>4</num>
<content>
<p>The Secretary of State may by order amend subsection (2) or (3) by adding or removing any offence.</p>
</content>
</subsection>
<subsection eId="section-1-5">
<num>5</num>
<content>
<p>The power to make such an order shall be exercisable by statutory instrument.</p>
</content>
</subsection>
<subsection eId="section-1-6">
<num>6</num>
<content>
<p>No order shall be made under subsection (4) unless a draft of it has been laid before and approved by a resolution of each House of Parliament.</p>
</content>
</subsection>
</section>
<section eId="section-2">
<num>2</num>
<heading>Jurisdiction in respect of Group A offences</heading>
<subsection eId="section-2-1">
<num>1</num>
<content>
<p>For the purposes of this Part, “relevant event”, in relation to any Group A offence, means any act or omission or other event (including any result of one or more acts or omissions) proof of which is required for conviction of the offence.</p>
</content>
</subsection>
<subsection eId="section-2-2">
<num>2</num>
<content>
<p>For the purpose of determining whether or not a particular event is a relevant event in relation to a Group A offence, any question as to where it occurred is to be disregarded.</p>
</content>
</subsection>
<subsection eId="section-2-3">
<num>3</num>
<content>
<p>A person may be guilty of a Group A offence if any of the events which are relevant events in relation to the offence occurred in England and Wales.</p>
</content>
</subsection>
</section>
<section eId="section-3">
<num>3</num>
<heading>Questions immaterial to jurisdiction in the case of certain offences</heading>
<subsection eId="section-3-1">
<num>1</num>
<intro>
<p>A person may be guilty of a Group A or Group B offence whether or not—</p>
</intro>
<paragraph eId="section-3-1-a">
<num>a</num>
<content>
<p>he was a British citizen at any material time;</p>
</content>
</paragraph>
<paragraph eId="section-3-1-b">
<num>b</num>
<content>
<p>he was in England and Wales at any such time.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-3-2">
<num>2</num>
<intro>
<p>On a charge of conspiracy to commit a Group A offence, or on a charge of conspiracy to defraud in England and Wales, the defendant may be guilty of the offence whether or not—</p>
</intro>
<paragraph eId="section-3-2-a">
<num>a</num>
<content>
<p>he became a party to the conspiracy in England and Wales;</p>
</content>
</paragraph>
<paragraph eId="section-3-2-b">
<num>b</num>
<content>
<p>any act or omission or other event in relation to the conspiracy occurred in England and Wales.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-3-3">
<num>3</num>
<intro>
<p>On a charge of attempting to commit a Group A offence, the defendant may be guilty of the offence whether or not—</p>
</intro>
<paragraph eId="section-3-3-a">
<num>a</num>
<content>
<p>the attempt was made in England and Wales;</p>
</content>
</paragraph>
<paragraph eId="section-3-3-b">
<num>b</num>
<content>
<p>it had an effect in England and Wales.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-3-4">
<num>4</num>
<content>
<p>Subsection (1)(a) does not apply where jurisdiction is given to try the offence in question by an enactment which makes provision by reference to the nationality of the person charged.</p>
</content>
</subsection>
<subsection eId="section-3-5">
<num>5</num>
<content>
<p>
Subsection (2) does not apply in relation to any charge under the
<noteRef href="#m00004" placement="inline" class="margin-note"/>
Criminal Law Act 1977 brought by virtue of section 1A of that Act.
</p>
</content>
</subsection>
<subsection eId="section-3-6">
<num>6</num>
<content>
<p>
Subsection (3) does not apply in relation to any charge under the
<noteRef href="#m00005" placement="inline" class="margin-note"/>
Criminal Attempts Act 1981 brought by virtue of section 1A of that Act.
</p>
</content>
</subsection>
</section>
<section eId="section-4">
<num>4</num>
<heading>Rules for determining certain jurisdictional questions relating to the location of events</heading>
<intro>
<p>In relation to a Group A or Group B offence—</p>
</intro>
<paragraph eId="section-4-a">
<num>a</num>
<content>
<p>there is an obtaining of property in England and Wales if the property is either despatched from or received at a place in England and Wales; and</p>
</content>
</paragraph>
<paragraph eId="section-4-b">
<num>b</num>
<intro>
<p>there is a communication in England and Wales of any information, instruction, request, demand or other matter if it is sent by any means—</p>
</intro>
<subparagraph eId="section-4-b-i">
<num>i</num>
<content>
<p>from a place in England and Wales to a place elsewhere; or</p>
</content>
</subparagraph>
<subparagraph eId="section-4-b-ii">
<num>ii</num>
<content>
<p>from a place elsewhere to a place in England and Wales.</p>
</content>
</subparagraph>
</paragraph>
</section>
<section eId="section-5">
<num>5</num>
<heading>Conspiracy, attempt and incitement</heading>
<subsection eId="section-5-1">
<num>1</num>
<content>
<p>
The following section shall be inserted in the
<noteRef href="#m00006" placement="inline" class="margin-note"/>
Criminal Law Act 1977, after section 1—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e518">
<num>1A</num>
<heading>Extended jurisdiction over certain conspiracies</heading>
<subsection eId="d4e522">
<num>1</num>
<content>
<p>This Part of this Act has effect in relation to an agreement which falls within this section as it has effect in relation to one which falls within section 1(1) above.</p>
</content>
</subsection>
<subsection eId="d4e528">
<num>2</num>
<intro>
<p>An agreement falls within this section if—</p>
</intro>
<paragraph eId="d4e534">
<num>a</num>
<content>
<p>a party to it, or a party’s agent, did anything in England and Wales in relation to it before its formation, or</p>
</content>
</paragraph>
<paragraph eId="d4e540">
<num>b</num>
<content>
<p>a party to it became a party in England and Wales (by joining it either in person or through an agent), or</p>
</content>
</paragraph>
<paragraph eId="d4e546">
<num>c</num>
<content>
<p>a party to it, or a party’s agent, did or omitted anything in England and Wales in pursuance of it,</p>
</content>
</paragraph>
<wrapUp>
<p>and the agreement would fall within section 1(1) above as an agreement relating to the commission of a Group A offence but for that offence, if committed in accordance with the parties' intentions, not being an offence triable in England and Wales.</p>
</wrapUp>
</subsection>
<subsection eId="d4e554">
<num>3</num>
<content>
<p>In subsection (2) above “Group A offence” has the same meaning as in Part I of the Criminal Justice Act 1993.</p>
</content>
</subsection>
<subsection eId="d4e560">
<num>4</num>
<content>
<p>Subsection (1) above is subject to the provisions of section 6 of the Act of 1993 (relevance of external law).</p>
</content>
</subsection>
<subsection eId="d4e566">
<num>5</num>
<content>
<p>An offence which is an offence of conspiracy, by virtue of this section, shall be treated for all purposes as an offence of conspiracy to commit the relevant Group A offence.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-5-2">
<num>2</num>
<content>
<p>
The following section shall be inserted in the
<noteRef href="#m00007" placement="inline" class="margin-note"/>
Criminal Attempts Act 1981, after section 1—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e586">
<num>1A</num>
<heading>Extended jurisdiction in relation to certain attempts</heading>
<subsection eId="d4e590">
<num>1</num>
<content>
<p>If this section applies to an act, what the person doing the act had in view shall be treated as an offence to which section 1(1) above applies.</p>
</content>
</subsection>
<subsection eId="d4e596">
<num>2</num>
<intro>
<p>This section applies to an act if—</p>
</intro>
<paragraph eId="d4e602">
<num>a</num>
<content>
<p>it is done in England and Wales, and</p>
</content>
</paragraph>
<paragraph eId="d4e608">
<num>b</num>
<content>
<p>it would fall within section 1(1) above as more than merely preparatory to the commission of a Group A offence but for the fact that that offence, if completed, would not be an offence triable in England and Wales.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e614">
<num>3</num>
<content>
<p>In this section “Group A offence” has the same meaning as in Part 1 of the Criminal Justice Act 1993.</p>
</content>
</subsection>
<subsection eId="d4e620">
<num>4</num>
<content>
<p>Subsection (1) above is subject to the provisions of section 6 of the Act of 1993 (relevance of external law).</p>
</content>
</subsection>
<subsection eId="d4e626">
<num>5</num>
<content>
<p>Where a person does any act to which this section applies, the offence which he commits shall for all purposes be treated as the offence of attempting to commit the relevant Group A offence.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-5-3">
<num>3</num>
<intro>
<p>A person may be guilty of conspiracy to defraud if—</p>
</intro>
<paragraph eId="section-5-3-a">
<num>a</num>
<content>
<p>a party to the agreement constituting the conspiracy, or a party’s agent, did anything in England and Wales in relation to the agreement before its formation, or</p>
</content>
</paragraph>
<paragraph eId="section-5-3-b">
<num>b</num>
<content>
<p>a party to it became a party in England and Wales (by joining it either in person or through an agent), or</p>
</content>
</paragraph>
<paragraph eId="section-5-3-c">
<num>c</num>
<content>
<p>a party to it, or a party’s agent, did or omitted anything in England and Wales in pursuance of it,</p>
</content>
</paragraph>
<wrapUp>
<p>and the conspiracy would be triable in England and Wales but for the fraud which the parties to it had in view not being intended to take place in England and Wales.</p>
</wrapUp>
</subsection>
<subsection eId="section-5-4">
<num>4</num>
<intro>
<p>A person may be guilty of incitement to commit a Group A offence if the incitement—</p>
</intro>
<paragraph eId="section-5-4-a">
<num>a</num>
<content>
<p>takes place in England and Wales; and</p>
</content>
</paragraph>
<paragraph eId="section-5-4-b">
<num>b</num>
<content>
<p>would be triable in England and Wales but for what the person charged had in view not being an offence triable in England and Wales.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-5-5">
<num>5</num>
<content>
<p>Subsections (3) and (4) are subject to section 6.</p>
</content>
</subsection>
</section>
<section eId="section-6">
<num>6</num>
<heading>Relevance of external law</heading>
<subsection eId="section-6-1">
<num>1</num>
<intro>
<p>
A person is guilty of an offence triable by virtue of section 1A of the
<noteRef href="#m00008" placement="inline" class="margin-note"/>
Criminal Law Act 1977, or by virtue of section 5(3), only if the pursuit of the agreed course of conduct would at some stage involve—
</p>
</intro>
<paragraph eId="section-6-1-a">
<num>a</num>
<content>
<p>an act or omission by one or more of the parties, or</p>
</content>
</paragraph>
<paragraph eId="section-6-1-b">
<num>b</num>
<content>
<p>the happening of some other event,</p>
</content>
</paragraph>
<wrapUp>
<p>constituting an offence under the law in force where the act, omission or other event was intended to take place.</p>
</wrapUp>
</subsection>
<subsection eId="section-6-2">
<num>2</num>
<content>
<p>
A person is guilty of an offence triable by virtue of section 1A of the
<noteRef href="#m00009" placement="inline" class="margin-note"/>
Criminal Attempts Act 1981, or by virtue of section 5(4), only if what he had in view would involve the commission of an offence under the law in force where the whole or any part of it was intended to take place.
</p>
</content>
</subsection>
<subsection eId="section-6-3">
<num>3</num>
<content>
<p>Conduct punishable under the law in force in any place is an offence under that law for the purposes of this section, however it is described in that law.</p>
</content>
</subsection>
<subsection eId="section-6-4">
<num>4</num>
<intro>
<p>Subject to subsection (6), a condition specified in subsection (1) or (2) shall be taken to be satisfied unless, not later than rules of court may provide, the defence serve on the prosecution a notice—</p>
</intro>
<paragraph eId="section-6-4-a">
<num>a</num>
<content>
<p>stating that, on the facts as alleged with respect to the relevant conduct, the condition is not in their opinion satisfied;</p>
</content>
</paragraph>
<paragraph eId="section-6-4-b">
<num>b</num>
<content>
<p>showing their grounds for that opinion; and</p>
</content>
</paragraph>
<paragraph eId="section-6-4-c">
<num>c</num>
<content>
<p>requiring the prosecution to show that it is satisfied.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-6-5">
<num>5</num>
<intro>
<p>In subsection (4) “the relevant conduct” means—</p>
</intro>
<paragraph eId="section-6-5-a">
<num>a</num>
<content>
<p>where the condition in subsection (1) is in question, the agreed course of conduct; and</p>
</content>
</paragraph>
<paragraph eId="section-6-5-b">
<num>b</num>
<content>
<p>where the condition in subsection (2) is in question, what the defendant had in view.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-6-6">
<num>6</num>
<content>
<p>The court, if it thinks fit, may permit the defence to require the prosecution to show that the condition is satisfied without the prior service of a notice under subsection (4).</p>
</content>
</subsection>
<subsection eId="section-6-7">
<num>7</num>
<content>
<p>In the Crown Court, the question whether the condition is satisfied shall be decided by the judge alone.</p>
</content>
</subsection>
<subsection eId="section-6-8">
<num>8</num>
<content>
<p>
The following paragraph shall be inserted in section 9(3) of the
<noteRef href="#m00010" placement="inline" class="margin-note"/>
Criminal Justice Act 1987 (preparatory hearing in a case of serious fraud), before paragraph (b)—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<paragraph eId="d4e790">
<num>aa</num>
<content>
<p>a question arising under section 6 of the Criminal Justice Act 1993 (relevance of external law to certain charges of conspiracy, attempt and incitement);</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
</part>
<part eId="part-II">
<num>PART II</num>
<heading>DRUG TRAFFICKING OFFENCES</heading>
<hcontainer name="crossheading" eId="part-II-crossheading-confiscation-orders">
<heading>Confiscation orders</heading>
<section eId="section-7">
<num>7</num>
<heading>Confiscation orders</heading>
<subsection eId="section-7-1">
<num>1</num>
<content>
<p>
In section 1 of the
<noteRef href="#m00011" placement="inline" class="margin-note"/>
Drug Trafficking Offences Act 1986 (confiscation orders), in subsection (1), for “the court” there shall be substituted
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<p class="run-on">then—</p>
<paragraph eId="d4e824">
<num>a</num>
<content>
<p>if the prosecutor asks it to proceed under this section, or</p>
</content>
</paragraph>
<paragraph eId="d4e830">
<num>b</num>
<content>
<p>if the court considers that, even though the prosecutor has not asked it to do so, it is appropriate for it to proceed under this section,</p>
</content>
</paragraph>
<p>it</p>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-7-2">
<num>2</num>
<content>
<p>After subsection (7) of that section there shall be inserted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e847">
<num>7A</num>
<intro>
<p>The standard of proof required to determine any question arising under this Act as to—</p>
</intro>
<paragraph eId="d4e853">
<num>a</num>
<content>
<p>whether a person has benefited from drug trafficking, or</p>
</content>
</paragraph>
<paragraph eId="d4e859">
<num>b</num>
<content>
<p>the amount to be recovered in his case by virtue of this section,</p>
</content>
</paragraph>
<wrapUp>
<p>shall be that applicable in civil proceedings.</p>
</wrapUp>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-7-3">
<num>3</num>
<content>
<p>In subsection (3) of section 4 of the Act of 1986 (amount to be recovered under confiscation order), for the words from “the amount appearing” to the end there shall be substituted </p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<p class="run-on"></p>
<paragraph eId="d4e878">
<num>a</num>
<content>
<p>the amount appearing to the court to be the amount that might be so realised, or</p>
</content>
</paragraph>
<paragraph eId="d4e884">
<num>b</num>
<content>
<p>a nominal amount, where it appears to the court (on the information available to it at the time) that the amount that might be so realised is nil</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
<section eId="section-8">
<num>8</num>
<heading>Postponed determinations</heading>
<content>
<p>
The following section shall be inserted in the
<noteRef href="#m00012" placement="inline" class="margin-note"/>
Drug Trafficking Offences Act 1986, after section 1—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e907">
<num>1A</num>
<heading>Postponed determinations</heading>
<subsection eId="d4e911">
<num>1</num>
<intro>
<p>Where the Crown Court is acting under section 1 of this Act but considers that it requires further information before—</p>
</intro>
<paragraph eId="d4e917">
<num>a</num>
<content>
<p>determining whether the defendant has benefited from drug trafficking, or</p>
</content>
</paragraph>
<paragraph eId="d4e923">
<num>b</num>
<content>
<p>determining the amount to be recovered in his case by virtue of section 1 of this Act,</p>
</content>
</paragraph>
<wrapUp>
<p>it may, for the purpose of enabling that information to be obtained, postpone making the determination for such period as it may specify.</p>
</wrapUp>
</subsection>
<subsection eId="d4e931">
<num>2</num>
<content>
<p>More than one postponement may be made under subsection (1) above in relation to the same case.</p>
</content>
</subsection>
<subsection eId="d4e937">
<num>3</num>
<intro>
<p>Unless it is satisfied that there are exceptional circumstances, the court shall not specify a period under subsection (1) above which—</p>
</intro>
<paragraph eId="d4e943">
<num>a</num>
<content>
<p>by itself, or</p>
</content>
</paragraph>
<paragraph eId="d4e949">
<num>b</num>
<content>
<p>where there have been one or more previous postponements under subsection (1) above or (4) below, when taken together with the earlier specified period or periods,</p>
</content>
</paragraph>
<wrapUp>
<p>exceeds six months beginning with the date of conviction.</p>
</wrapUp>
</subsection>
<subsection eId="d4e957">
<num>4</num>
<intro>
<p>Where the defendant appeals against his conviction, the court may, on that account—</p>
</intro>
<paragraph eId="d4e963">
<num>a</num>
<content>
<p>postpone making either or both of the determinations mentioned in subsection (1) above for such period as it may specify, or</p>
</content>
</paragraph>
<paragraph eId="d4e969">
<num>b</num>
<content>
<p>where it has already exercised its powers under this section to postpone, extend the specified period.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e975">
<num>5</num>
<intro>
<p>A postponement or extension under subsection (1) or (4) above may be made—</p>
</intro>
<paragraph eId="d4e981">
<num>a</num>
<content>
<p>on application by the defendant or the prosecutor, or</p>
</content>
</paragraph>
<paragraph eId="d4e987">
<num>b</num>
<content>
<p>by the court of its own motion.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e993">
<num>6</num>
<content>
<p>Unless the court is satisfied that there are exceptional circumstances, any postponement or extension under subsection (4) above shall not exceed the period ending three months after the date on which the appeal is determined or otherwise disposed of.</p>
</content>
</subsection>
<subsection eId="d4e999">
<num>7</num>
<content>
<p>Where the court exercises its power under subsection (1) or (4) above, it may nevertheless proceed to sentence, or otherwise deal with, the defendant in respect of the relevant offence or any of the relevant offences.</p>
</content>
</subsection>
<subsection eId="d4e1005">
<num>8</num>
<intro>
<p>Where the court has so proceeded, section 1 of this Act shall have effect as if—</p>
</intro>
<paragraph eId="d4e1011">
<num>a</num>
<content>
<p>in subsection (4), the words from “before sentencing” to “offences concerned” were omitted, and</p>
</content>
</paragraph>
<paragraph eId="d4e1017">
<num>b</num>
<content>
<p>in subsection (5)(c), after “determining” there were inserted “in relation to any offence in respect of which he has not been sentenced or otherwise dealt with”.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e1023">
<num>9</num>
<intro>
<p>In sentencing, or otherwise dealing with, the defendant in respect of the relevant offence or any of the relevant offences at any time during the specified period, the court shall not—</p>
</intro>
<paragraph eId="d4e1029">
<num>a</num>
<content>
<p>impose any fine on him, or</p>
</content>
</paragraph>
<paragraph eId="d4e1035">
<num>b</num>
<content>
<p>make any such order as is mentioned in section 1(5)(b)(ii) or (iii) of this Act.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e1041">
<num>10</num>
<intro>
<p>In this section—</p>
</intro>
<paragraph eId="d4e1047">
<num>a</num>
<content>
<p>“the relevant offence” means the drug trafficking offence in respect of which the defendant appears (as mentioned in section 1(1) of this Act) before the court;</p>
</content>
</paragraph>
<paragraph eId="d4e1053">
<num>b</num>
<content>
<p>references to an appeal include references to an application under section 111 of the Magistrates' Courts Act 1980 (statement of case by magistrates' court).</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e1059">
<num>11</num>
<intro>
<p>In this section “the date of conviction” means—</p>
</intro>
<paragraph eId="d4e1065">
<num>a</num>
<content>
<p>the date on which the defendant was convicted, or</p>
</content>
</paragraph>
<paragraph eId="d4e1071">
<num>b</num>
<content>
<p>where he appeared to be sentenced in respect of more than one conviction, and those convictions were not all on the same date, the date of the latest of those convictions.</p>
</content>
</paragraph>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
<section eId="section-9">
<num>9</num>
<heading>Assumptions about proceeds of drug trafficking</heading>
<subsection eId="section-9-1">
<num>1</num>
<content>
<p>
Section 2 of the
<noteRef href="#m00013" placement="inline" class="margin-note"/>
Drug Trafficking Offences Act 1986 (assessing proceeds of drug trafficking) shall be amended as follows.
</p>
</content>
</subsection>
<subsection eId="section-9-2">
<num>2</num>
<intro>
<p>In subsection (2)—</p>
</intro>
<paragraph eId="section-9-2-a">
<num>a</num>
<content>
<p>for “may” there shall be substituted “shall”; and</p>
</content>
</paragraph>
<paragraph eId="section-9-2-b">
<num>b</num>
<content>
<p>for the words from “following” to the end there shall be substituted “required assumptions”.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-9-3">
<num>3</num>
<content>
<p>After subsection (2), there shall be inserted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e1119">
<num>2A</num>
<intro>
<p>The court shall not make any required assumption if—</p>
</intro>
<paragraph eId="d4e1125">
<num>a</num>
<content>
<p>that assumption is shown to be incorrect in the defendant’s case, or</p>
</content>
</paragraph>
<paragraph eId="d4e1131">
<num>b</num>
<content>
<p>the court is satisfied that there would be a serious risk of injustice in his case if the assumption were to be made.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e1137">
<num>2B</num>
<content>
<p>Where the court does not apply one or more of the required assumptions it shall state its reasons.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-9-4">
<num>4</num>
<intro>
<p>In subsection (3)—</p>
</intro>
<paragraph eId="section-9-4-a">
<num>a</num>
<content>
<p>for “Those” there shall be substituted “The required”; and</p>
</content>
</paragraph>
<paragraph eId="section-9-4-b">
<num>b</num>
<content>
<p>in paragraph (a)(i), for “him” there shall be substituted “the defendant”.</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="section-10">
<num>10</num>
<heading>Provision of information</heading>
<subsection eId="section-10-1">
<num>1</num>
<content>
<p>
Section 3 of the
<noteRef href="#m00014" placement="inline" class="margin-note"/>
Drug Trafficking Offences Act 1986 (statements relating to drug trafficking) shall be amended in accordance with subsections (2) to (4).
</p>
</content>
</subsection>
<subsection eId="section-10-2">
<num>2</num>
<content>
<p>For subsections (1) and (2), there shall be substituted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e1185">
<num>1</num>
<intro>
<p>Where the prosecutor asks the court to proceed under section 1 of this Act or applies to the court under section 4A, 5A, 5B or 5C of this Act he shall give the court, within such period as it may direct, a statement of matters which he considers relevant in connection with—</p>
</intro>
<paragraph eId="d4e1191">
<num>a</num>
<content>
<p>determining whether the defendant has benefited from drug trafficking, or</p>
</content>
</paragraph>
<paragraph eId="d4e1197">
<num>b</num>
<content>
<p>assessing the value of his proceeds of drug trafficking.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e1203">
<num>1A</num>
<content>
<p>In this section such a statement is referred to as a </p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<p>prosecutor’s statement</p>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="d4e1214">
<num>1B</num>
<content>
<p>Where the court proceeds under section 1 of this Act without the prosecutor having asked it to do so, it may require him to give it a prosecutor’s statement, within such period as it may direct.</p>
</content>
</subsection>
<subsection eId="d4e1220">
<num>1C</num>
<intro>
<p>Where the prosecutor has given a prosecutor’s statement—</p>
</intro>
<paragraph eId="d4e1226">
<num>a</num>
<content>
<p>he may at any time give the court a further such statement, and</p>
</content>
</paragraph>
<paragraph eId="d4e1232">
<num>b</num>
<content>
<p>the court may at any time require him to give it a further such statement, within such period as it may direct.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e1238">
<num>1D</num>
<intro>
<p>Where any prosecutor’s statement has been given and the court is satisfied that a copy of the statement has been served on the defendant, it may require the defendant—</p>
</intro>
<paragraph eId="d4e1244">
<num>a</num>
<content>
<p>to indicate to it, within such period as it may direct, the extent to which he accepts each allegation in the statement, and</p>
</content>
</paragraph>
<paragraph eId="d4e1250">
<num>b</num>
<content>
<p>so far as he does not accept any such allegation, to give particulars of any matters on which he proposes to rely.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e1256">
<num>1E</num>
<content>
<p>Where the court has given a direction under this section it may at any time vary it by giving a further direction.</p>
</content>
</subsection>
<subsection eId="d4e1262">
<num>2</num>
<intro>
<p>Where the defendant accepts to any extent any allegation in any prosecutor’s statement, the court may, for the purposes of—</p>
</intro>
<paragraph eId="d4e1268">
<num>a</num>
<content>
<p>determining whether the defendant has benefited from drug trafficking, or</p>
</content>
</paragraph>
<paragraph eId="d4e1274">
<num>b</num>
<content>
<p>assessing the value of his proceeds of drug trafficking,</p>
</content>
</paragraph>
<wrapUp>
<p>treat his acceptance as conclusive of the matters to which it relates.</p>
</wrapUp>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-10-3">
<num>3</num>
<content>
<p>In subsection (3), for “statement” there shall be substituted “prosecutor’s statement in question”.</p>
</content>
</subsection>
<subsection eId="section-10-4">
<num>4</num>
<content>
<p>For subsection (5) there shall be substituted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e1297">
<num>5</num>
<content>
<p>An allegation may be accepted, or particulars of any matter may be given, for the purposes of this section in such manner as may be prescribed by rules of court or as the court may direct.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-10-5">
<num>5</num>
<content>
<p>The following section shall be inserted in the Act of 1986, after section 3—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e1315">
<num>3A</num>
<heading>Provision of information by defendant</heading>
<subsection eId="d4e1319">
<num>1</num>
<intro>
<p>This section applies where—</p>
</intro>
<paragraph eId="d4e1325">
<num>a</num>
<content>
<p>the prosecutor has asked the court to proceed under section 1 of this Act or has applied to the court under section 5A, 5B or 5C of this Act, or</p>
</content>
</paragraph>
<paragraph eId="d4e1331">
<num>b</num>
<content>
<p>no such request has been made but the court is nevertheless proceeding, or considering whether to proceed, under section 1.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e1337">
<num>2</num>
<content>
<p>For the purpose of obtaining information to assist it in carrying out its functions, the court may at any time order the defendant to give it such information as may be specified in the order.</p>
</content>
</subsection>
<subsection eId="d4e1343">
<num>3</num>
<content>
<p>An order under subsection (2) above may require all, or any specified part, of the required information to be given to the court in such manner, and before such date, as may be specified in the order.</p>
</content>
</subsection>
<subsection eId="d4e1349">
<num>4</num>
<content>
<p>Crown Court Rules may make provision as to the maximum or minimum period that may be allowed under subsection (3) above.</p>
</content>
</subsection>
<subsection eId="d4e1355">
<num>5</num>
<content>
<p>If the defendant fails, without reasonable excuse, to comply with any order under this section, the court may draw such inference from that failure as it considers appropriate.</p>
</content>
</subsection>
<subsection eId="d4e1361">
<num>6</num>
<content>
<p>Where the prosecutor accepts to any extent any allegation made by the defendant in giving to the court information required by an order under this section, the court may treat that acceptance as conclusive of the matters to which it relates.</p>
</content>
</subsection>
<subsection eId="d4e1367">
<num>7</num>
<content>
<p>For the purposes of this section, an allegation may be accepted in such manner as may be prescribed by rules of court or as the court may direct.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-10-6">
<num>6</num>
<content>
<p>In section 5(3) of the Act of 1986 the words “sections 3 and 4 of” shall be omitted.</p>
</content>
</subsection>
</section>
<section eId="section-11">
<num>11</num>
<heading>Variation of confiscation orders</heading>
<subsection eId="section-11-1">
<num>1</num>
<content>
<p>
Section 14 of the
<noteRef href="#m00015" placement="inline" class="margin-note"/>
Drug Trafficking Offences Act 1986 (variation of confiscation orders) shall be amended as follows.
</p>
</content>
</subsection>
<subsection eId="section-11-2">
<num>2</num>
<content>
<p>In subsection (1) (variation on application of defendant), after “defendant” there shall be inserted “or a receiver appointed under section 8 or 11 of this Act, or in pursuance of a charging order, made”.</p>
</content>
</subsection>
<subsection eId="section-11-3">
<num>3</num>
<content>
<p>In subsection (3), for “defendant” there shall be substituted “person who applied for it”.</p>
</content>
</subsection>
<subsection eId="section-11-4">
<num>4</num>
<content>
<p>The following shall be inserted at the end—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e1415">
<num>5</num>
<intro>
<p>Rules of court may make provision—</p>
</intro>
<paragraph eId="d4e1421">
<num>a</num>
<content>
<p>for the giving of notice of any application under this section; and</p>
</content>
</paragraph>
<paragraph eId="d4e1427">
<num>b</num>
<content>
<p>for any person appearing to the court to be likely to be affected by any exercise of its powers under this section to be given an opportunity to make representations to the court.</p>
</content>
</paragraph>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
<section eId="section-12">
<num>12</num>
<heading>Revised assessment of proceeds of drug trafficking</heading>
<content>
<p>
The following sections shall be inserted in the
<noteRef href="#m00016" placement="inline" class="margin-note"/>
Drug Trafficking Offences Act 1986, after section 5—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e1450">
<num>5A</num>
<heading>Reconsidera-tion of case where court has not proceeded under section 1</heading>
<subsection eId="d4e1454">
<num>1</num>
<content>
<p>This section applies where the defendant has appeared before the Crown Court to be sentenced in respect of one or more drug trafficking offences but the court has not proceeded under section 1 of this Act.</p>
</content>
</subsection>
<subsection eId="d4e1460">
<num>2</num>
<intro>
<p>If the prosecutor has evidence—</p>
</intro>
<paragraph eId="d4e1466">
<num>a</num>
<content>
<p>which was not available to him when the defendant appeared to be sentenced (and accordingly was not considered by the court), but</p>
</content>
</paragraph>
<paragraph eId="d4e1472">
<num>b</num>
<intro>
<p>which the prosecutor believes would have led the court to determine that the defendant had benefited from drug trafficking if—</p>
</intro>
<subparagraph eId="d4e1478">
<num>i</num>
<content>
<p>the prosecutor had asked the court to proceed under section 1 of this Act, and</p>
</content>
</subparagraph>
<subparagraph eId="d4e1484">
<num>ii</num>
<content>
<p>the evidence had been considered by the court,</p>
</content>
</subparagraph>
</paragraph>
<wrapUp>
<p>he may apply to the Crown Court for it to consider the evidence.</p>
</wrapUp>
</subsection>
<subsection eId="d4e1492">
<num>3</num>
<content>
<p>The court shall proceed under section 1 of this Act if, having considered the evidence, it is satisfied that it is appropriate to do so.</p>
</content>
</subsection>
<subsection eId="d4e1498">
<num>4</num>
<content>
<p>In considering whether it is appropriate to proceed under section 1, the court shall have regard to all the circumstances of the case.</p>
</content>
</subsection>
<subsection eId="d4e1504">
<num>5</num>
<content>
<p>Where, having decided to proceed under section 1, the court proposes to make a confiscation order against the defendant, it shall order the payment of such amount as it thinks just in all the circumstances of the case.</p>
</content>
</subsection>
<subsection eId="d4e1510">
<num>6</num>
<content>
<p>In considering the circumstances of any case the court shall have regard, in particular, to the amount of any fine imposed on the defendant in respect of the offence or offences in question.</p>
</content>
</subsection>
<subsection eId="d4e1516">
<num>7</num>
<content>
<p>Where the court is proceeding under section 1 of this Act, by virtue of this section, subsection (4) of that section shall have effect as if the words “before sentencing or otherwise dealing with him in respect of the offence or, as the case may be, any of the offences concerned” were omitted.</p>
</content>
</subsection>
<subsection eId="d4e1522">
<num>8</num>
<content>
<p>The court may take into account any payment or other reward received by the defendant on or after the date of conviction, but only if the prosecutor shows that it was received by the defendant in connection with drug trafficking carried on by the defendant or another on or before that date.</p>
</content>
</subsection>
<subsection eId="d4e1528">
<num>9</num>
<content>
<p>In considering any evidence under this section which relates to any payment or reward to which subsection (8) above applies, the court shall not make the assumptions which would otherwise be required by section 2 of this Act.</p>
</content>
</subsection>
<subsection eId="d4e1534">
<num>10</num>
<content>
<p>No application shall be entertained by the court under this section if it is made after the end of the period of six years beginning with the date of conviction.</p>
</content>
</subsection>
<subsection eId="d4e1540">
<num>11</num>
<intro>
<p>In this section “the date of conviction” means—</p>
</intro>
<paragraph eId="d4e1546">
<num>a</num>
<content>
<p>the date on which the defendant was convicted, or</p>
</content>
</paragraph>
<paragraph eId="d4e1552">
<num>b</num>
<content>
<p>where he appeared to be sentenced in respect of more than one conviction, and those convictions were not all on the same date, the date of the latest of those convictions.</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="d4e1561">
<num>5B</num>
<heading>Re-assessment of whether defendant has benefited from drug trafficking</heading>
<subsection eId="d4e1565">
<num>1</num>
<content>
<p>This section applies where the court has made a determination (“the section 1(2) determination”) under section 1(2) of this Act that the defendant has not benefited from drug trafficking.</p>
</content>
</subsection>
<subsection eId="d4e1571">
<num>2</num>
<intro>
<p>If the prosecutor has evidence—</p>
</intro>
<paragraph eId="d4e1577">
<num>a</num>
<content>
<p>which was not considered by the court in making the section 1(2) determination, but</p>
</content>
</paragraph>
<paragraph eId="d4e1583">
<num>b</num>
<content>
<p>which the prosecutor believes would have led the court to determine that the defendant had benefited from drug trafficking if it had been considered by the court,</p>
</content>
</paragraph>
<wrapUp>
<p>he may apply to the Crown Court for it to consider that evidence.</p>
</wrapUp>
</subsection>
<subsection eId="d4e1591">
<num>3</num>
<intro>
<p>If, having considered the evidence, the court is satisfied that it would have determined that the defendant had benefited from drug trafficking if that evidence had been available to it, the court—</p>
</intro>
<paragraph eId="d4e1597">
<num>a</num>
<intro>
<p>shall—</p>
</intro>
<subparagraph eId="d4e1603">
<num>i</num>
<content>
<p>make a fresh determination under subsection (2) of section 1 of this Act; and</p>
</content>
</subparagraph>
<subparagraph eId="d4e1609">
<num>ii</num>
<content>
<p>make a determination under subsection (4) of that section of the amount to be recovered by virtue of that section; and</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="d4e1615">
<num>b</num>
<content>
<p>may make an order under that section.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e1621">
<num>4</num>
<content>
<p>Where the court is proceeding under section 1 of this Act, by virtue of this section, subsection (4) of that section shall have effect as if the words “before sentencing or otherwise dealing with him in respect of the offence or, as the case may be, any of the offences concerned” were omitted.</p>
</content>
</subsection>
<subsection eId="d4e1627">
<num>5</num>
<content>
<p>The court may take into account any payment or other reward received by the defendant on or after the date of the section 1(2) determination, but only if the prosecutor shows that it was received by the defendant in connection with drug trafficking carried on by the defendant or another on or before that date.</p>
</content>
</subsection>
<subsection eId="d4e1633">
<num>6</num>
<content>
<p>In considering any evidence under this section which relates to any payment or reward to which subsection (5) above applies, the court shall not make the assumptions which would otherwise be required by section 2 of this Act.</p>
</content>
</subsection>
<subsection eId="d4e1639">
<num>7</num>
<intro>
<p>Where the High Court—</p>
</intro>
<paragraph eId="d4e1645">
<num>a</num>
<content>
<p>has been asked to proceed under section 4A of this Act in relation to a defendant who has absconded, but</p>
</content>
</paragraph>
<paragraph eId="d4e1651">
<num>b</num>
<content>
<p>has decided not to make a confiscation order against him,</p>
</content>
</paragraph>
<wrapUp>
<p>this section shall not apply at any time while he remains an absconder.</p>
</wrapUp>
</subsection>
<subsection eId="d4e1659">
<num>8</num>
<intro>
<p>No application shall be entertained by the court under this section if it is made after the end of the period of six years beginning with—</p>
</intro>
<paragraph eId="d4e1665">
<num>a</num>
<content>
<p>the date on which the defendant was convicted; or</p>
</content>
</paragraph>
<paragraph eId="d4e1671">
<num>b</num>
<content>
<p>where he appeared to be sentenced in respect of more than one conviction, and those convictions were not all on the same date, the date of the latest of those convictions.</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="d4e1680">
<num>5C</num>
<heading>Revised assessment of proceeds of drug trafficking</heading>
<subsection eId="d4e1684">
<num>1</num>
<content>
<p>This section applies where the court has made a determination under section 1(4) of this Act of the amount to be recovered in a particular case by virtue of that section (“the current section 1(4) determination”).</p>
</content>
</subsection>
<subsection eId="d4e1690">
<num>2</num>
<content>
<p>Where the prosecutor is of the opinion that the real value of the defendant’s proceeds of drug trafficking was greater than their assessed value, the prosecutor may apply to the Crown Court for the evidence on which the prosecutor has formed his opinion to be considered by the court.</p>
</content>
</subsection>
<subsection eId="d4e1696">
<num>3</num>
<content>
<p>In subsection (2) above—</p>
<blockList class="unordered">
<item>
<p>“assessed value” means the value of the defendant’s proceeds of drug trafficking as assessed by the court under section 4(1) of this Act; and</p>
</item>
<item>
<p>“real value” means the value of the defendant’s proceeds of drug trafficking which took place—</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>in the period by reference to which the current section 1(4) determination was made; or</p>
</item>
<item>
<num>b</num>
<p>in any earlier period.</p>
</item>
</blockList>
</item>
</blockList>
</content>
</subsection>
<subsection eId="d4e1720">
<num>4</num>
<content>
<p>If, having considered the evidence, the court is satisfied that the real value of the defendant’s proceeds of drug trafficking is greater than their assessed value (whether because the real value was higher at the time of the current section 1(4) determination than was thought or because the value of the proceeds in question has subsequently increased), the court shall make a fresh determination under subsection (4) of section 1 of this Act of the amount to be recovered by virtue of that section.</p>
</content>
</subsection>
<subsection eId="d4e1726">
<num>5</num>
<content>
<p>Where the court is proceeding under section 1 of this Act, by virtue of this section, subsection (4) of that section shall have effect as if the words “before sentencing or otherwise dealing with him in respect of the offence or, as the case may be, any of the offences concerned” were omitted.</p>
</content>
</subsection>
<subsection eId="d4e1732">
<num>6</num>
<content>
<p>Any determination under section 1(4) of this Act by virtue of this section shall be by reference to the amount that might be realised at the time when the determination is made.</p>
</content>
</subsection>
<subsection eId="d4e1738">
<num>7</num>
<content>
<p>For any determination under section 1(4) of this Act by virtue of this section, section 2(5) of this Act shall not apply in relation to any of the defendant’s proceeds of drug trafficking taken into account in respect of the current section 1(4) determination.</p>
</content>
</subsection>
<subsection eId="d4e1744">
<num>8</num>
<intro>
<p>In relation to any such determination—</p>
</intro>
<paragraph eId="d4e1750">
<num>a</num>
<content>
<p>sections 3(4)(a), 4(2) and 5(7) of this Act shall have effect as if for “confiscation order” there were substituted “determination”;</p>
</content>
</paragraph>
<paragraph eId="d4e1756">
<num>b</num>
<content>
<p>section 4(3) of this Act shall have effect as if for “confiscation order is made” there were substituted “determination is made”; and</p>
</content>
</paragraph>
<paragraph eId="d4e1762">
<num>c</num>
<content>
<p>section 5(3) of this Act shall have effect as if for “a confiscation order is made against the defendant” there were substituted “of the determination”.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e1768">
<num>9</num>
<content>
<p>The court may take into account any payment or other reward received by the defendant on or after the date of the current section 1(4) determination, but only if the prosecutor shows that it was received by the defendant in connection with drug trafficking carried on by the defendant or another on or before that date.</p>
</content>
</subsection>
<subsection eId="d4e1774">
<num>10</num>
<content>
<p>In considering any evidence under this section which relates to any payment or reward to which subsection (9) above applies, the court shall not make the assumptions which would otherwise be required by section 2 of this Act.</p>
</content>
</subsection>
<subsection eId="d4e1780">
<num>11</num>
<content>
<p>If, as a result of making the fresh determination required by subsection (4) above, the amount to be recovered exceeds the amount set by the current section 1(4) determination, the court may substitute for the amount to be recovered under the confiscation order which was made by reference to the current section 1(4) determination such greater amount as it thinks just in all the circumstances of the case.</p>
</content>
</subsection>
<subsection eId="d4e1787">
<num>12</num>
<content>
<p>
Where the court varies a confiscation order under subsection (11) above, it shall substitute for the term of imprisonment or of detention fixed under section 31(2) of the
<noteRef href="#m00017" placement="inline" class="margin-note"/>
Powers of Criminal Courts Act 1973 in respect of the amount to be recovered under the order a longer term determined in accordance with that section (as it has effect by virtue of section 6 of this Act) in respect of the greater amount substituted under subsection (11) above.
</p>
</content>
</subsection>
<subsection eId="d4e1795">
<num>13</num>
<content>
<p>Subsection (12) above shall apply only if the effect of the substitution is to increase the maximum period applicable in relation to the order under section 31(3A) of the Act of 1973.</p>
</content>
</subsection>
<subsection eId="d4e1801">
<num>14</num>
<content>
<p>Where a confiscation order has been made in relation to any defendant by virtue of section 4A of this Act, this section shall not apply at any time while he is an absconder.</p>
</content>
</subsection>
<subsection eId="d4e1807">
<num>15</num>
<intro>
<p>No application shall be entertained by the court under this section if it is made after the end of the period of six years beginning with—</p>
</intro>
<paragraph eId="d4e1813">
<num>a</num>
<content>
<p>the date on which the defendant was convicted; or</p>
</content>
</paragraph>
<paragraph eId="d4e1819">
<num>b</num>
<content>
<p>where he appeared to be sentenced in respect of more than one conviction, and those convictions were not all on the same date, the date of the latest of those convictions.</p>
</content>
</paragraph>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
<section eId="section-13">
<num>13</num>
<heading>Availability of powers and satisfaction of orders</heading>
<subsection eId="section-13-1">
<num>1</num>
<content>
<p>
In section 6 of the
<noteRef href="#m00018" placement="inline" class="margin-note"/>
Drug Trafficking Offences Act 1986 (default in complying with confiscation order: application of procedure for enforcing fines), the following subsection shall be added at the end—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e1843">
<num>7</num>
<content>
<p>Where the defendant serves a term of imprisonment or detention in default of paying any amount due under a confiscation order, his serving that term does not prevent the confiscation order from continuing to have effect, so far as any other method of enforcement is concerned.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-13-2">
<num>2</num>
<content>
<p>Section 7 of the Act of 1986 (cases in which restraint orders and charging orders may be made) shall be amended as set out in subsections (3) to (5).</p>
</content>
</subsection>
<subsection eId="section-13-3">
<num>3</num>
<content>
<p>The following subsection shall be substituted for subsection (1)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e1864">
<num>1</num>
<intro>
<p>The powers conferred on the High Court by sections 8(1) and 9(1) of this Act are exercisable where—</p>
</intro>
<paragraph eId="d4e1870">
<num>a</num>
<content>
<p>
proceedings have been instituted in England and Wales against the defendant for a drug trafficking offence or an application has been made by the prosecutor in respect of the defendant under section 16 of the
<noteRef href="#m00019" placement="inline" class="margin-note"/>
Criminal Justice (International Co-operation) Act 1990 (increase in realisable property) or section 4A, 5A, 5B or 5C of this Act,
</p>
</content>
</paragraph>
<paragraph eId="d4e1878">
<num>b</num>
<content>
<p>the proceedings have not, or the application has not, been concluded, and</p>
</content>
</paragraph>
<paragraph eId="d4e1884">
<num>c</num>
<intro>
<p>the court is satisfied that there is reasonable cause to believe—</p>
</intro>
<subparagraph eId="d4e1890">
<num>i</num>
<content>
<p>in the case of an application under section 5C of this Act or section 16 of the Act of 1990, that the court will be satisfied as mentioned in section 5C(4) of this Act or, as the case may be, section 16(2) of the Act of 1990, or</p>
</content>
</subparagraph>
<subparagraph eId="d4e1896">
<num>ii</num>
<content>
<p>in any other case, that the defendant has benefited from drug trafficking.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-13-4">
<num>4</num>
<content>
<p>The following subsection shall be substituted for subsection (2)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e1911">
<num>2</num>
<intro>
<p>Those powers are also exercisable where—</p>
</intro>
<paragraph eId="d4e1917">
<num>a</num>
<content>
<p>the court is satisfied that, whether by the laying of an information or otherwise, a person is to be charged with a drug trafficking offence or that an application of a kind mentioned in subsection (1)(a) above is to be made in respect of the defendant, and</p>
</content>
</paragraph>
<paragraph eId="d4e1923">
<num>b</num>
<content>
<p>the court is also satisfied as mentioned in subsection (1)(c) above.</p>
</content>
</paragraph>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-13-5">
<num>5</num>
<content>
<p>The following subsections shall be added at the end—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e1938">
<num>5</num>
<content>
<p>Where the court has made an order under section 8(1) or 9(1) of this Act in relation to a proposed application by virtue of subsection (2) above, the court shall discharge the order if the application is not made within such time as the court considers reasonable.</p>
</content>
</subsection>
<subsection eId="d4e1944">
<num>6</num>
<intro>
<p>The court shall not exercise powers under section 8(1) or 9(1) of this Act, by virtue of subsection (1) above, if it is satisfied that—</p>
</intro>
<paragraph eId="d4e1950">
<num>a</num>
<content>
<p>there has been undue delay in continuing the proceedings or application in question; or</p>
</content>
</paragraph>
<paragraph eId="d4e1956">
<num>b</num>
<content>
<p>the prosecutor does not intend to proceed.</p>
</content>
</paragraph>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-13-6">
<num>6</num>
<content>
<p>In section 8 of the Act of 1986 (restraint orders), the following subsection shall be substituted for subsection (5)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e1971">
<num>5</num>
<intro>
<p>A restraint order—</p>
</intro>
<paragraph eId="d4e1977">
<num>a</num>
<content>
<p>may be discharged or varied in relation to any property, and</p>
</content>
</paragraph>
<paragraph eId="d4e1983">
<num>b</num>
<content>
<p>shall be discharged on the conclusion of the proceedings or of the application in question.</p>
</content>
</paragraph>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-13-7">
<num>7</num>
<content>
<p>In section 9 of the Act of 1986 (charging orders), the following subsection shall be substituted for subsection (7)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e1998">
<num>7</num>
<intro>
<p>In relation to a charging order, the court—</p>
</intro>
<paragraph eId="d4e2004">
<num>a</num>
<content>
<p>may make an order discharging or varying it, and</p>
</content>
</paragraph>
<paragraph eId="d4e2010">
<num>b</num>
<intro>
<p>shall make an order discharging it—</p>
</intro>
<subparagraph eId="d4e2016">
<num>i</num>
<content>
<p>on the conclusion of the proceedings or of the application in question, or</p>
</content>
</subparagraph>
<subparagraph eId="d4e2022">
<num>ii</num>
<content>
<p>on payment into court of the amount payment of which is secured by the charge.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-13-8">
<num>8</num>
<content>
<p>In section 11 of the Act of 1986 (realisation of property), the following subsection shall be substituted for subsection (1)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e2037">
<num>1</num>
<intro>
<p>Where a confiscation order—</p>
</intro>
<paragraph eId="d4e2043">
<num>a</num>
<content>
<p>has been made under this Act,</p>
</content>
</paragraph>
<paragraph eId="d4e2049">
<num>b</num>
<content>
<p>is not satisfied, and</p>
</content>
</paragraph>
<paragraph eId="d4e2055">
<num>c</num>
<content>
<p>is not subject to appeal,</p>
</content>
</paragraph>
<wrapUp>
<p>the High Court or a county court may, on an application by the prosecutor, exercise the powers conferred by subsections (2) to (6) below.</p>
</wrapUp>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-13-9">
<num>9</num>
<content>
<p>In section 15 of the Act of 1986 (bankruptcy of defendant), the following shall be substituted for paragraphs (a) and (b) of subsection (6)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<paragraph eId="d4e2072">
<num>a</num>
<intro>
<p>no order shall be made under section 339 or 423 of that Act (avoidance of certain transactions) in respect of the making of the gift at any time when—</p>
</intro>
<subparagraph eId="d4e2078">
<num>i</num>
<content>
<p>proceedings for a drug trafficking offence have been instituted against him and have not been concluded;</p>
</content>
</subparagraph>
<subparagraph eId="d4e2084">
<num>ii</num>
<content>
<p>
an application has been made in respect of the defendant under section 4A, 5A, 5B or 5C of this Act or section 16 of the
<noteRef href="#m00020" placement="inline" class="margin-note"/>
Criminal Justice (International Co-operation) Act 1990 and has not been concluded; or
</p>
</content>
</subparagraph>
<subparagraph eId="d4e2092">
<num>iii</num>
<content>
<p>property of the person to whom the gift was made is subject to a restraint order or charging order; and</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="d4e2098">
<num>b</num>
<content>
<p>any order made under section 339 or 423 after the conclusion of the proceedings or of the application shall take into account any realisation under this Act of property held by the person to whom the gift was made.</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-13-10">
<num>10</num>
<content>
<p>In section 16 of the Act of 1986 (sequestration in Scotland), the following shall be substituted for paragraphs (a) and (b) of subsection (6)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<paragraph eId="d4e2113">
<num>a</num>
<intro>
<p>no decree shall be granted under section 34 or 36 of that Act (gratuitous alienations and unfair preferences) in respect of the making of the gift at any time when—</p>
</intro>
<subparagraph eId="d4e2119">
<num>i</num>
<content>
<p>proceedings for a drug trafficking offence have been instituted against him and have not been concluded;</p>
</content>
</subparagraph>
<subparagraph eId="d4e2125">
<num>ii</num>
<content>
<p>an application has been made in respect of the defendant under section 4A, 5A, 5B or 5C of this Act or section 16 of the Criminal Justice (International Co-operation) Act 1990 and has not been concluded; or</p>
</content>
</subparagraph>
<subparagraph eId="d4e2131">
<num>iii</num>
<content>
<p>property of the person to whom the gift was made is subject to a restraint order or charging order; and</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="d4e2137">
<num>b</num>
<content>
<p>any decree made under section 34 or 36 after the conclusion of the proceedings or of the application shall take into account any realisation under this Act of property held by a person to whom the gift was made.</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-13-11">
<num>11</num>
<content>
<p>In section 38 of the Act of 1986 (interpretation), the following subsections shall be substituted for subsection (12)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e2152">
<num>12</num>
<intro>
<p>Proceedings for a drug trafficking offence are concluded—</p>
</intro>
<paragraph eId="d4e2158">
<num>a</num>
<content>
<p>when the defendant is acquitted on all counts;</p>
</content>
</paragraph>
<paragraph eId="d4e2164">
<num>b</num>
<content>
<p>if he is convicted on one or more counts, but the court decides not to make a confiscation order against him, when it makes that decision; or</p>
</content>
</paragraph>
<paragraph eId="d4e2170">
<num>c</num>
<content>
<p>if a confiscation order is made against him in those proceedings, when the order is satisfied.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2176">
<num>12A</num>
<intro>
<p>An application under section 4A, 5A or 5B of this Act is concluded—</p>
</intro>
<paragraph eId="d4e2182">
<num>a</num>
<content>
<p>if the court decides not to make a confiscation order against the defendant, when it makes that decision; or</p>
</content>
</paragraph>
<paragraph eId="d4e2188">
<num>b</num>
<content>
<p>if a confiscation order is made against him as a result of that application, when the order is satisfied.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2194">
<num>12B</num>
<intro>
<p>
An application under section 16 of the
<noteRef href="#m00021" placement="inline" class="margin-note"/>
Criminal Justice (International Co-operation) Act 1990 (increase in realisable property) or section 5C of this Act is concluded—
</p>
</intro>
<paragraph eId="d4e2202">
<num>a</num>
<content>
<p>if the court decides not to vary the confiscation order in question, when it makes that decision; or</p>
</content>
</paragraph>
<paragraph eId="d4e2208">
<num>b</num>
<content>
<p>if the court varies the confiscation order as a result of the application, when the order is satisfied.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2214">
<num>12C</num>
<content>
<p>For the purposes of this Act, a confiscation order is satisfied when no amount is due under it.</p>
</content>
</subsection>
<subsection eId="d4e2220">
<num>12D</num>
<content>
<p>For the purposes of sections 15 and 16 of this Act, a confiscation order is also satisfied when the defendant in respect of whom it was made has served a term of imprisonment or detention in default of payment of the amount due under the order.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
</hcontainer>
<hcontainer name="crossheading" eId="part-II-crossheading-death-or-absence-of-defendant">
<heading>Death or absence of defendant</heading>
<section eId="section-14">
<num>14</num>
<heading>Defendant who has died or absconded</heading>
<subsection eId="section-14-1">
<num>1</num>
<content>
<p>
The following sections shall be inserted in the
<noteRef href="#m00022" placement="inline" class="margin-note"/>
Drug Trafficking Offences Act 1986, after section 4—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e2250">
<num>4A</num>
<heading>Powers of High Court where defendant has died or absconded</heading>
<subsection eId="d4e2254">
<num>1</num>
<content>
<p>Subsection (2) below applies where a person has been convicted of one or more drug trafficking offences.</p>
</content>
</subsection>
<subsection eId="d4e2260">
<num>2</num>
<content>
<p>If the prosecutor asks it to proceed under this section, the High Court may exercise the powers of the Crown Court under this Act to make a confiscation order against the defendant if satisfied that the defendant has died or absconded.</p>
</content>
</subsection>
<subsection eId="d4e2266">
<num>3</num>
<content>
<p>Subsection (4) below applies where proceedings for one or more drug trafficking offences have been instituted against a person but have not been concluded.</p>
</content>
</subsection>
<subsection eId="d4e2272">
<num>4</num>
<content>
<p>If the prosecutor asks it to proceed under this section, the High Court may exercise the powers of the Crown Court under this Act to make a confiscation order against the defendant if satisfied that the defendant has absconded.</p>
</content>
</subsection>
<subsection eId="d4e2278">
<num>5</num>
<content>
<p>The power conferred by subsection (4) above may not be exercised at any time before the end of the period of two years beginning with the date which is, in the opinion of the court, the date on which the defendant absconded.</p>
</content>
</subsection>
<subsection eId="d4e2284">
<num>6</num>
<intro>
<p>In any proceedings on an application under this section—</p>
</intro>
<paragraph eId="d4e2290">
<num>a</num>
<content>
<p>sections 2(2) and 3(1D), (2) and (3) shall not apply,</p>
</content>
</paragraph>
<paragraph eId="d4e2296">
<num>b</num>
<content>
<p>the court shall not make a confiscation order against a person who has absconded unless it is satisfied that the prosecutor has taken reasonable steps to contact him, and</p>
</content>
</paragraph>
<paragraph eId="d4e2302">
<num>c</num>
<content>
<p>any person appearing to the court to be likely to be affected by the making of a confiscation order by the court shall be entitled to appear before the court and make representations.</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="d4e2311">
<num>4B</num>
<heading>Effect of conviction where High Court has acted under section 4A</heading>
<subsection eId="d4e2315">
<num>1</num>
<intro>
<p>Where the High Court has made a confiscation order by virtue of section 4A of this Act, the Crown Court shall, in respect of the offence or any of the offences concerned—</p>
</intro>
<paragraph eId="d4e2321">
<num>a</num>
<intro>
<p>take account of the order before—</p>
</intro>
<subparagraph eId="d4e2327">
<num>i</num>
<content>
<p>imposing any fine on him, or</p>
</content>
</subparagraph>
<subparagraph eId="d4e2333">
<num>ii</num>
<content>
<p>making any order involving any payment by him, or</p>
</content>
</subparagraph>
<subparagraph eId="d4e2339">
<num>iii</num>
<content>
<p>
making any order under section 27 of the
<noteRef href="#m00023" placement="inline" class="margin-note"/>
Misuse of Drugs Act 1971 (forfeiture orders) or section 43 of the
<noteRef href="#m00024" placement="inline" class="margin-note"/>
Powers of Criminal Courts Act 1973 (deprivation orders), and
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="d4e2349">
<num>b</num>
<content>
<p>subject to paragraph (a) above, leave the order out of account in determining the appropriate sentence or other manner of dealing with the defendant.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2355">
<num>2</num>
<content>
<p>Where the High Court has made a confiscation order by virtue of section 4A of this Act and the defendant subsequently appears before the Crown Court to be sentenced in respect of one or more of the offences concerned, section 1(1) of this Act shall not apply so far as his appearance is in respect of that offence or those offences.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-14-2">
<num>2</num>
<content>
<p>In section 6 of the Act of 1986 (application of procedure for enforcing fines), in subsection (6), after the words “made by”, where they first occur, there shall be inserted “the High Court, by virtue of section 4A of this Act, or by”.</p>
</content>
</subsection>
<subsection eId="section-14-3">
<num>3</num>
<content>
<p>The following subsection shall be added at the end of section 6 of the Act of 1986—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e2376">
<num>8</num>
<content>
<p>Where the High Court makes a confiscation order by virtue of section 4A of this Act in relation to a defendant who has died, subsection (1) above shall be read as referring only to sections 31(1) and 32(1) of the Act of 1973.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
<section eId="section-15">
<num>15</num>
<heading>Compensation</heading>
<content>
<p>
The following sections shall be inserted in the
<noteRef href="#m00025" placement="inline" class="margin-note"/>
Drug Trafficking Offences Act 1986, after section 19—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e2399">
<num>19A</num>
<heading>Compensation etc. where absconder is acquitted</heading>
<subsection eId="d4e2403">
<num>1</num>
<intro>
<p>This section applies where—</p>
</intro>
<paragraph eId="d4e2409">
<num>a</num>
<content>
<p>the High Court has made a confiscation order by virtue of section 4A(4) of this Act, and</p>
</content>
</paragraph>
<paragraph eId="d4e2415">
<num>b</num>
<content>
<p>the defendant is subsequently tried for the offence or offences concerned and acquitted on all counts.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2421">
<num>2</num>
<content>
<p>The court by which the defendant is acquitted shall cancel the confiscation order.</p>
</content>
</subsection>
<subsection eId="d4e2427">
<num>3</num>
<content>
<p>The High Court may, on the application of a person who held property which was realisable property, order compensation to be paid to the applicant if it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order.</p>
</content>
</subsection>
<subsection eId="d4e2433">
<num>4</num>
<content>
<p>The amount of compensation to be paid under this section shall be such as the court considers just in all the circumstances of the case.</p>
</content>
</subsection>
<subsection eId="d4e2439">
<num>5</num>
<intro>
<p>Rules of court may make provision—</p>
</intro>
<paragraph eId="d4e2445">
<num>a</num>
<content>
<p>for the giving of notice of any application under this section; and</p>
</content>
</paragraph>
<paragraph eId="d4e2451">
<num>b</num>
<content>
<p>for any person appearing to the court to be likely to be affected by any exercise of its powers under this section to be given an opportunity to make representations to the court.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2457">
<num>6</num>
<content>
<p>Any payment of compensation under this section shall be made by the Lord Chancellor out of money provided by Parliament.</p>
</content>
</subsection>
<subsection eId="d4e2463">
<num>7</num>
<content>
<p>Where the court cancels a confiscation order under this section it may make such consequential or incidental order as it considers appropriate in connection with the cancellation.</p>
</content>
</subsection>
</section>
<section eId="d4e2472">
<num>19B</num>
<heading>Power to discharge confiscation order and order compensation where absconder returns</heading>
<subsection eId="d4e2476">
<num>1</num>
<intro>
<p>This section applies where—</p>
</intro>
<paragraph eId="d4e2482">
<num>a</num>
<content>
<p>the High Court has made a confiscation order by virtue of section 4A(4) of this Act in relation to an absconder,</p>
</content>
</paragraph>
<paragraph eId="d4e2488">
<num>b</num>
<content>
<p>the defendant has ceased to be an absconder, and</p>
</content>
</paragraph>
<paragraph eId="d4e2494">
<num>c</num>
<content>
<p>section 19A of this Act does not apply.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2500">
<num>2</num>
<intro>
<p>The High Court may, on the application of the defendant, cancel the confiscation order if it is satisfied that—</p>
</intro>
<paragraph eId="d4e2506">
<num>a</num>
<content>
<p>there has been undue delay in continuing the proceedings in respect of which the power under section 4A(4) of this Act was exercised; or</p>
</content>
</paragraph>
<paragraph eId="d4e2512">
<num>b</num>
<content>
<p>the prosecutor does not intend to proceed with the prosecution.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2518">
<num>3</num>
<content>
<p>Where the High Court cancels a confiscation order under this section it may, on the application of a person who held property which was realisable property, order compensation to be paid to the applicant if it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order.</p>
</content>
</subsection>
<subsection eId="d4e2524">
<num>4</num>
<content>
<p>The amount of compensation to be paid under this section shall be such as the court considers just in all the circumstances of the case.</p>
</content>
</subsection>
<subsection eId="d4e2530">
<num>5</num>
<intro>
<p>Rules of court may make provision—</p>
</intro>
<paragraph eId="d4e2536">
<num>a</num>
<content>
<p>for the giving of notice of any application under this section; and</p>
</content>
</paragraph>
<paragraph eId="d4e2542">
<num>b</num>
<content>
<p>for any person appearing to the court to be likely to be affected by any exercise of its powers under this section to be given an opportunity to make representations to the court.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2548">
<num>6</num>
<content>
<p>Any payment of compensation under this section shall be made by the Lord Chancellor out of money provided by Parliament.</p>
</content>
</subsection>
<subsection eId="d4e2554">
<num>7</num>
<content>
<p>Where the court cancels a confiscation order under this section it may make such consequential or incidental order as it considers appropriate in connection with the cancellation.</p>
</content>
</subsection>
</section>
<section eId="d4e2563">
<num>19C</num>
<heading>Variation of confiscation orders made by virtue of section 4A</heading>
<subsection eId="d4e2567">
<num>1</num>
<intro>
<p>This section applies where—</p>
</intro>
<paragraph eId="d4e2573">
<num>a</num>
<content>
<p>the High Court has made a confiscation order by virtue of section 4A(4) of this Act, and</p>
</content>
</paragraph>
<paragraph eId="d4e2579">
<num>b</num>
<content>
<p>the defendant has ceased to be an absconder.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2585">
<num>2</num>
<intro>
<p>If the defendant alleges that—</p>
</intro>
<paragraph eId="d4e2591">
<num>a</num>
<content>
<p>the value of his proceeds of drug trafficking in the period by reference to which the determination in question was made (the “original value”), or</p>
</content>
</paragraph>
<paragraph eId="d4e2597">
<num>b</num>
<content>
<p>the amount that might have been realised at the time the confiscation order was made,</p>
</content>
</paragraph>
<wrapUp>
<p>was less than the amount ordered to be paid under the confiscation order, he may apply to the High Court for it to consider his evidence.</p>
</wrapUp>
</subsection>
<subsection eId="d4e2605">
<num>3</num>
<intro>
<p>If, having considered that evidence, the court is satisfied that the defendant’s allegation is correct it—</p>
</intro>
<paragraph eId="d4e2611">
<num>a</num>
<content>
<p>shall make a fresh determination under subsection (4) of section 1 of this Act, and</p>
</content>
</paragraph>
<paragraph eId="d4e2617">
<num>b</num>
<content>
<p>may, if it considers it just in all the circumstances, vary the amount to be recovered under the confiscation order.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2623">
<num>4</num>
<content>
<p>For any determination under section 1 of this Act by virtue of this section, section 2(5) of this Act shall not apply in relation to any of the defendant’s proceeds of drug trafficking taken into account in determining the original value.</p>
</content>
</subsection>
<subsection eId="d4e2629">
<num>5</num>
<intro>
<p>Where the court varies a confiscation order under this section—</p>
</intro>
<paragraph eId="d4e2635">
<num>a</num>
<content>
<p>
it shall substitute for the term of imprisonment or of detention fixed under section 31(2) of the
<noteRef href="#m00026" placement="inline" class="margin-note"/>
Powers of Criminal Courts Act 1973 in respect of the amount to be recovered under the order a shorter term determined in accordance with that section (as it has effect by virtue of section 6 of this Act) in respect of the lesser amount; and
</p>
</content>
</paragraph>
<paragraph eId="d4e2643">
<num>b</num>
<intro>
<p>on the application of a person who held property which was realisable property, it may order compensation to be paid to the applicant if—</p>
</intro>
<subparagraph eId="d4e2649">
<num>i</num>
<content>
<p>it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order; and</p>
</content>
</subparagraph>
<subparagraph eId="d4e2655">
<num>ii</num>
<content>
<p>having regard to all the circumstances of the case, the court considers it to be appropriate.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="d4e2661">
<num>6</num>
<content>
<p>The amount of compensation to be paid under this section shall be such as the court considers just in all the circumstances of the case.</p>
</content>
</subsection>
<subsection eId="d4e2667">
<num>7</num>
<intro>
<p>Rules of court may make provision—</p>
</intro>
<paragraph eId="d4e2673">
<num>a</num>
<content>
<p>for the giving of notice of any application under this section; and</p>
</content>
</paragraph>
<paragraph eId="d4e2679">
<num>b</num>
<content>
<p>for any person appearing to the court to be likely to be affected by any exercise of its powers under this section to be given an opportunity to make representations to the court.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2685">
<num>8</num>
<content>
<p>Any payment of compensation under this section shall be made by the Lord Chancellor out of money provided by Parliament.</p>
</content>
</subsection>
<subsection eId="d4e2691">
<num>9</num>
<content>
<p>No application shall be entertained by the court under this section if it is made after the end of the period of six years beginning with the date on which the confiscation order was made.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
</hcontainer>
<hcontainer name="crossheading" eId="part-II-crossheading-offences">
<heading>Offences</heading>
<section eId="section-16">
<num>16</num>
<heading>Acquisition, possession or use of proceeds of drug trafficking</heading>
<subsection eId="section-16-1">
<num>1</num>
<content>
<p>
The following section shall be inserted in the
<noteRef href="#m00027" placement="inline" class="margin-note"/>
Drug Trafficking Offences Act 1986 at the appropriate place—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<hcontainer name="crossheading" eId="d4e2718">
<heading>Acquiring etc. property derived from drug trafficking</heading>
<section eId="d4e2724">
<num>23A</num>
<heading>Acquisition, possession or use of proceeds of drug trafficking</heading>
<subsection eId="d4e2728">
<num>1</num>
<content>
<p>A person is guilty of an offence if, knowing that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, he acquires or uses that property or has possession of it.</p>
</content>
</subsection>
<subsection eId="d4e2734">
<num>2</num>
<content>
<p>It is a defence to a charge of committing an offence under this section that the person charged acquired or used the property or had possession of it for adequate consideration.</p>
</content>
</subsection>
<subsection eId="d4e2740">
<num>3</num>
<intro>
<p>For the purposes of subsection (2) above—</p>
</intro>
<paragraph eId="d4e2746">
<num>a</num>
<content>
<p>a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property; and</p>
</content>
</paragraph>
<paragraph eId="d4e2752">
<num>b</num>
<content>
<p>a person uses or has possession of property for inadequate consideration if the value of the consideration is significantly less than the value of his use or possession of the property.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2758">
<num>4</num>
<content>
<p>The provision for any person of services or goods which are of assistance to him in drug trafficking shall not be treated as consideration for the purposes of subsection (2) above.</p>
</content>
</subsection>
<subsection eId="d4e2764">
<num>5</num>
<intro>
<p>Where a person discloses to a constable a suspicion or belief that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, or discloses to a constable any matter on which such a suspicion or belief is based—</p>
</intro>
<paragraph eId="d4e2770">
<num>a</num>
<content>
<p>the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise; and</p>
</content>
</paragraph>
<paragraph eId="d4e2776">
<num>b</num>
<intro>
<p>if he does any act in relation to the property in contravention of subsection (1) above, he does not commit an offence under this section if—</p>
</intro>
<subparagraph eId="d4e2782">
<num>i</num>
<content>
<p>the disclosure is made before he does the act concerned and the act is done with the consent of the constable, or</p>
</content>
</subparagraph>
<subparagraph eId="d4e2788">
<num>ii</num>
<content>
<p>the disclosure is made after he does the act, but on his initiative and as soon as it is reasonable for him to make it.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="d4e2794">
<num>6</num>
<content>
<p>For the purposes of this section, having possession of any property shall be taken to be doing an act in relation to it.</p>
</content>
</subsection>
<subsection eId="d4e2800">
<num>7</num>
<intro>
<p>In proceedings against a person for an offence under this section, it is a defence to prove that—</p>
</intro>
<paragraph eId="d4e2806">
<num>a</num>
<content>
<p>he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in subsection (5) above, but</p>
</content>
</paragraph>
<paragraph eId="d4e2812">
<num>b</num>
<content>
<p>there is reasonable excuse for his failure to make the disclosure in accordance with paragraph (b) of that subsection.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2818">
<num>8</num>
<content>
<p>In the case of a person who was in employment at the relevant time, subsections (5) and (7) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.</p>
</content>
</subsection>
<subsection eId="d4e2824">
<num>9</num>
<intro>
<p>A person guilty of an offence under this section is liable—</p>
</intro>
<paragraph eId="d4e2830">
<num>a</num>
<content>
<p>on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both, or</p>
</content>
</paragraph>
<paragraph eId="d4e2836">
<num>b</num>
<content>
<p>on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or to both.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2842">
<num>10</num>
<content>
<p>No constable or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to drug trafficking or the proceeds of such trafficking.</p>
</content>
</subsection>
</section>
</hcontainer>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-16-2">
<num>2</num>
<content>
<p>In section 2(4) of the Act of 1986 (circumstances where assumptions are not to be made), after first “section” there shall be inserted “23A or”.</p>
</content>
</subsection>
</section>
<section eId="section-17">
<num>17</num>
<heading>Acquisition, possession or use of proceeds of drug trafficking: Scotland</heading>
<subsection eId="section-17-1">
<num>1</num>
<content>
<p>
The following section shall be inserted in the
<noteRef href="#m00028" placement="inline" class="margin-note"/>
Criminal Justice (Scotland) Act 1987, after section 42—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e2875">
<num>42A</num>
<heading>Acquisition, possession or use of proceeds of drug trafficking</heading>
<subsection eId="d4e2879">
<num>1</num>
<content>
<p>A person is guilty of an offence if, knowing that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, he acquires or uses that property or has possession of it.</p>
</content>
</subsection>
<subsection eId="d4e2885">
<num>2</num>
<content>
<p>It is a defence to a charge of committing an offence under this section that the person charged acquired or used the property or had possession of it for adequate consideration.</p>
</content>
</subsection>
<subsection eId="d4e2891">
<num>3</num>
<intro>
<p>For the purposes of subsection (2) above—</p>
</intro>
<paragraph eId="d4e2897">
<num>a</num>
<content>
<p>a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property; and</p>
</content>
</paragraph>
<paragraph eId="d4e2903">
<num>b</num>
<content>
<p>a person uses or has possession of property for inadequate consideration if the value of the consideration is significantly less than the value of his use or possession of the property.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2909">
<num>4</num>
<content>
<p>The provision for any person of services or goods which are of assistance to him in drug trafficking shall not be treated as consideration for the purposes of subsection (2) above.</p>
</content>
</subsection>
<subsection eId="d4e2915">
<num>5</num>
<intro>
<p>Where a person discloses to a constable or to a person commissioned by the Commissioners of Customs and Excise a suspicion or belief that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, or discloses to a constable or a person so commissioned any matter on which such a suspicion or belief is based—</p>
</intro>
<paragraph eId="d4e2921">
<num>a</num>
<content>
<p>the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise; and</p>
</content>
</paragraph>
<paragraph eId="d4e2927">
<num>b</num>
<intro>
<p>if he does any act in relation to the property in contravention of subsection (1) above, he does not commit an offence under this section if—</p>
</intro>
<subparagraph eId="d4e2933">
<num>i</num>
<content>
<p>the disclosure is made before he does the act concerned and the act is done with the consent of the constable or person so commissioned, or</p>
</content>
</subparagraph>
<subparagraph eId="d4e2939">
<num>ii</num>
<content>
<p>the disclosure is made after he does the act, but on his initiative and as soon as it is reasonable for him to make it.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="d4e2945">
<num>6</num>
<content>
<p>For the purposes of this section having possession of any property shall be taken to be doing an act in relation to it.</p>
</content>
</subsection>
<subsection eId="d4e2951">
<num>7</num>
<intro>
<p>In proceedings against a person for an offence under this section, it is a defence to prove that—</p>
</intro>
<paragraph eId="d4e2957">
<num>a</num>
<content>
<p>he intended to disclose to a constable or a person so commissioned such a suspicion, belief or matter as is mentioned in subsection (5) above; but</p>
</content>
</paragraph>
<paragraph eId="d4e2963">
<num>b</num>
<content>
<p>there is reasonable excuse for his failure to make the disclosure in accordance with paragraph (b) of that subsection.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2969">
<num>8</num>
<content>
<p>In the case of a person who was in employment at the relevant time, subsections (5) and (7) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable or a person so commissioned.</p>
</content>
</subsection>
<subsection eId="d4e2975">
<num>9</num>
<intro>
<p>A person guilty of an offence under this section is liable—</p>
</intro>
<paragraph eId="d4e2981">
<num>a</num>
<content>
<p>on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; or</p>
</content>
</paragraph>
<paragraph eId="d4e2987">
<num>b</num>
<content>
<p>on conviction on indictment, to imprisonment for a term not exceeding fourteen years or to a fine or to both.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2993">
<num>10</num>
<content>
<p>No constable, person so commissioned or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to drug trafficking or the proceeds of such trafficking.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-17-2">
<num>2</num>
<content>
<p>In section 3(3) of the Act of 1987 (circumstances where assumptions are not to be made), after the word “section” where it first occurs there shall be inserted the words “42A or”.</p>
</content>
</subsection>
</section>
<section eId="section-18">
<num>18</num>
<heading>Offences in connection with laundering money from drug trafficking</heading>
<subsection eId="section-18-1">
<num>1</num>
<content>
<p>
The following sections shall be inserted in the
<noteRef href="#m00029" placement="inline" class="margin-note"/>
Drug Trafficking Offences Act 1986, after section 26A—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<hcontainer name="crossheading" eId="d4e3023">
<heading>Offences in connection with money laundering</heading>
<section eId="d4e3029">
<num>26B</num>
<heading>Failure to disclose knowledge or suspicion of money laundering</heading>
<subsection eId="d4e3033">
<num>1</num>
<intro>
<p>A person is guilty of an offence if—</p>
</intro>
<paragraph eId="d4e3039">
<num>a</num>
<content>
<p>he knows, or suspects, that another person is engaged in drug money laundering,</p>
</content>
</paragraph>
<paragraph eId="d4e3045">
<num>b</num>
<content>
<p>the information, or other matter, on which that knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment, and</p>
</content>
</paragraph>
<paragraph eId="d4e3051">
<num>c</num>
<content>
<p>he does not disclose the information or other matter to a constable as soon as is reasonably practicable after it comes to his attention.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e3057">
<num>2</num>
<content>
<p>Subsection (1) above does not make it an offence for a professional legal adviser to fail to disclose any information or other matter which has come to him in privileged circumstances.</p>
</content>
</subsection>
<subsection eId="d4e3063">
<num>3</num>
<content>
<p>It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.</p>
</content>
</subsection>
<subsection eId="d4e3069">
<num>4</num>
<intro>
<p>Where a person discloses to a constable—</p>
</intro>
<paragraph eId="d4e3075">
<num>a</num>
<content>
<p>his suspicion or belief that another person is engaged in drug money laundering, or</p>
</content>
</paragraph>
<paragraph eId="d4e3081">
<num>b</num>
<content>
<p>any information or other matter on which that suspicion or belief is based,</p>
</content>
</paragraph>
<wrapUp>
<p>the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.</p>
</wrapUp>
</subsection>
<subsection eId="d4e3089">
<num>5</num>
<content>
<p>Without prejudice to subsection (3) or (4) above, in the case of a person who was in employment at the relevant time, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.</p>
</content>
</subsection>
<subsection eId="d4e3095">
<num>6</num>
<content>
<p>A disclosure to which subsection (5) above applies shall not be treated as a breach of any restriction imposed by statute or otherwise.</p>
</content>
</subsection>
<subsection eId="d4e3101">
<num>7</num>
<intro>
<p>In this section, “drug money laundering” means doing any act which constitutes an offence under—</p>
</intro>
<paragraph eId="d4e3107">
<num>a</num>
<content>
<p>section 23A or 24 of this Act; or</p>
</content>
</paragraph>
<paragraph eId="d4e3113">
<num>b</num>
<content>
<p>
section 14 of the
<noteRef href="#m00030" placement="inline" class="margin-note"/>
Criminal Justice (International Co-operation) Act 1990 (concealing or transferring proceeds of drug trafficking);
</p>
</content>
</paragraph>
<wrapUp>
<p>or, in the case of an act done otherwise than in England and Wales, would constitute such an offence if done in England and Wales.</p>
</wrapUp>
</subsection>
<subsection eId="d4e3123">
<num>8</num>
<content>
<p>For the purposes of subsection (7) above, having possession of any property shall be taken to be doing an act in relation to it.</p>
</content>
</subsection>
<subsection eId="d4e3129">
<num>9</num>
<intro>
<p>For the purposes of this section, any information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated, or given, to him—</p>
</intro>
<paragraph eId="d4e3135">
<num>a</num>
<content>
<p>by, or by a representative of, a client of his in connection with the giving by the adviser of legal advice to the client;</p>
</content>
</paragraph>
<paragraph eId="d4e3141">
<num>b</num>
<content>
<p>by, or by a representative of, a person seeking legal advice from the adviser; or</p>
</content>
</paragraph>
<paragraph eId="d4e3147">
<num>c</num>
<intro>
<p>by any person—</p>
</intro>
<subparagraph eId="d4e3153">
<num>i</num>
<content>
<p>in contemplation of, or in connection with, legal proceedings; and</p>
</content>
</subparagraph>
<subparagraph eId="d4e3159">
<num>ii</num>
<content>
<p>for the purpose of those proceedings.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="d4e3165">
<num>10</num>
<content>
<p>No information or other matter shall be treated as coming to a professional legal adviser in privileged circumstances if it is communicated or given with a view to furthering any criminal purpose.</p>
</content>
</subsection>
<subsection eId="d4e3171">
<num>11</num>
<intro>
<p>A person guilty of an offence under this section shall be liable—</p>
</intro>
<paragraph eId="d4e3177">
<num>a</num>
<content>
<p>on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both, or</p>
</content>
</paragraph>
<paragraph eId="d4e3183">
<num>b</num>
<content>
<p>on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or to both.</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="d4e3192">
<num>26C</num>
<heading>Tipping-off</heading>
<subsection eId="d4e3196">
<num>1</num>
<intro>
<p>A person is guilty of an offence if—</p>
</intro>
<paragraph eId="d4e3202">
<num>a</num>
<content>
<p>he knows or suspects that a constable is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted into drug money laundering, and</p>
</content>
</paragraph>
<paragraph eId="d4e3208">
<num>b</num>
<content>
<p>he discloses to any other person information or any other matter which is likely to prejudice that investigation, or proposed investigation.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e3214">
<num>2</num>
<intro>
<p>A person is guilty of an offence if—</p>
</intro>
<paragraph eId="d4e3220">
<num>a</num>
<content>
<p>he knows or suspects that a disclosure (“the disclosure”) has been made to a constable under section 23A, 24 or 26B of this Act, and</p>
</content>
</paragraph>
<paragraph eId="d4e3226">
<num>b</num>
<content>
<p>he discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e3232">
<num>3</num>
<intro>
<p>A person is guilty of an offence if—</p>
</intro>
<paragraph eId="d4e3238">
<num>a</num>
<content>
<p>he knows or suspects that a disclosure of a kind mentioned in section 23A(8), 24(4A) or 26B(5) of this Act (“the disclosure”) has been made, and</p>
</content>
</paragraph>
<paragraph eId="d4e3244">
<num>b</num>
<content>
<p>he discloses to any person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e3250">
<num>4</num>
<intro>
<p>Nothing in subsections (1) to (3) above makes it an offence for a professional legal adviser to disclose any information or other matter—</p>
</intro>
<paragraph eId="d4e3256">
<num>a</num>
<content>
<p>to, or to a representative of, a client of his in connection with the giving by the adviser of legal advice to the client; or</p>
</content>
</paragraph>
<paragraph eId="d4e3262">
<num>b</num>
<intro>
<p>to any person—</p>
</intro>
<subparagraph eId="d4e3268">
<num>i</num>
<content>
<p>in contemplation of, or in connection with, legal proceedings; and</p>
</content>
</subparagraph>
<subparagraph eId="d4e3274">
<num>ii</num>
<content>
<p>for the purpose of those proceedings.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="d4e3280">
<num>5</num>
<content>
<p>Subsection (4) above does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.</p>
</content>
</subsection>
<subsection eId="d4e3286">
<num>6</num>
<content>
<p>In proceedings against a person for an offence under subsection (1), (2) or (3) above, it is a defence to prove that he did not know or suspect that the disclosure was likely to be prejudicial in the way mentioned in that subsection.</p>
</content>
</subsection>
<subsection eId="d4e3292">
<num>7</num>
<content>
<p>In this section “drug money laundering” has the same meaning as in section 26B of this Act.</p>
</content>
</subsection>
<subsection eId="d4e3298">
<num>8</num>
<intro>
<p>A person guilty of an offence under this section shall be liable—</p>
</intro>
<paragraph eId="d4e3304">
<num>a</num>
<content>
<p>on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both, or</p>
</content>
</paragraph>
<paragraph eId="d4e3310">
<num>b</num>
<content>
<p>on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or to both.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e3316">
<num>9</num>
<content>
<p>No constable or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to drug trafficking or the proceeds of such trafficking.</p>
</content>
</subsection>
</section>
</hcontainer>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-18-2">
<num>2</num>
<content>
<p>
In section 24 of the
<noteRef href="#m00031" placement="inline" class="margin-note"/>
Drug Trafficking Offences Act 1986 (assisting another to retain the benefit of drug trafficking), in subsection (3)(a) for the word “contract” there shall be substituted “statute or otherwise”.
</p>
</content>
</subsection>
<subsection eId="section-18-3">
<num>3</num>
<content>
<p>In section 24 of the Act of 1986, the following subsection shall be inserted after subsection (4)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e3339">
<num>4A</num>
<content>
<p>In the case of a person who was in employment at the relevant time, subsections (3) and (4) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
<section eId="section-19">
<num>19</num>
<heading>Offences in connection with laundering money from drug trafficking: Scotland</heading>
<subsection eId="section-19-1">
<num>1</num>
<content>
<p>
The following sections shall be inserted after section 43 of the
<noteRef href="#m00032" placement="inline" class="margin-note"/>
Criminal Justice (Scotland) Act 1987—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e3366">
<num>43A</num>
<heading>Failure to disclose knowledge or suspicion of money laundering</heading>
<subsection eId="d4e3370">
<num>1</num>
<intro>
<p>A person is guilty of an offence if—</p>
</intro>
<paragraph eId="d4e3376">
<num>a</num>
<content>
<p>he knows, or suspects, that another person is engaged in drug money laundering,</p>
</content>
</paragraph>
<paragraph eId="d4e3382">
<num>b</num>
<content>
<p>the information, or other matter, on which that knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment, and</p>
</content>
</paragraph>
<paragraph eId="d4e3388">
<num>c</num>
<content>
<p>he does not disclose the information or other matter to a constable or to a person commissioned by the Commissioners of Customs and Excise as soon as is reasonably practicable after it comes to his attention.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e3394">
<num>2</num>
<content>
<p>Subsection (1) above does not make it an offence for a professional legal adviser to fail to disclose any information or other matter which has come to him in privileged circumstances.</p>
</content>
</subsection>
<subsection eId="d4e3400">
<num>3</num>
<content>
<p>It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.</p>
</content>
</subsection>
<subsection eId="d4e3406">
<num>4</num>
<intro>
<p>Where a person discloses to a constable or a person so commissioned—</p>
</intro>
<paragraph eId="d4e3412">
<num>a</num>
<content>
<p>his suspicion or belief that another person is engaged in drug money laundering, or</p>
</content>
</paragraph>
<paragraph eId="d4e3418">
<num>b</num>
<content>
<p>any information or other matter on which that suspicion or belief is based,</p>
</content>
</paragraph>
<wrapUp>
<p>the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.</p>
</wrapUp>
</subsection>
<subsection eId="d4e3426">
<num>5</num>
<content>
<p>Without prejudice to subsection (3) or (4) above, in the case of a person who was in employment at the relevant time, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.</p>
</content>
</subsection>
<subsection eId="d4e3432">
<num>6</num>
<content>
<p>A disclosure to which subsection (5) above applies shall not be treated as a breach of any restriction imposed by statute or otherwise.</p>
</content>
</subsection>
<subsection eId="d4e3438">
<num>7</num>
<intro>
<p>In this section “drug money laundering” means doing any act which constitutes an offence under—</p>
</intro>
<paragraph eId="d4e3444">
<num>a</num>
<content>
<p>section 42A or 43 of this Act; or</p>
</content>
</paragraph>
<paragraph eId="d4e3450">
<num>b</num>
<content>
<p>
section 14 of the
<noteRef href="#m00033" placement="inline" class="margin-note"/>
Criminal Justice (International Co-operation) Act 1990 (concealing or transferring proceeds of drug trafficking),
</p>
</content>
</paragraph>
<wrapUp>
<p>or, in the case of an act done otherwise than in Scotland, would constitute such an offence if done in Scotland.</p>
</wrapUp>
</subsection>
<subsection eId="d4e3460">
<num>8</num>
<content>
<p>For the purposes of subsection (7) above, having possession of any property shall be taken to be doing an act in relation to it.</p>
</content>
</subsection>
<subsection eId="d4e3466">
<num>9</num>
<intro>
<p>For the purposes of this section, any information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated, or given, to him—</p>
</intro>
<paragraph eId="d4e3472">
<num>a</num>
<content>
<p>by, or by a representative of, a client of his in connection with the giving by the adviser of legal advice to the client;</p>
</content>
</paragraph>
<paragraph eId="d4e3478">
<num>b</num>
<content>
<p>by, or by a representative of, a person seeking legal advice from the adviser; or</p>
</content>
</paragraph>
<paragraph eId="d4e3484">
<num>c</num>
<intro>
<p>by any person—</p>
</intro>
<subparagraph eId="d4e3490">
<num>i</num>
<content>
<p>in contemplation of, or in connection with, legal proceedings; and</p>
</content>
</subparagraph>
<subparagraph eId="d4e3496">
<num>ii</num>
<content>
<p>for the purpose of those proceedings.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="d4e3502">
<num>10</num>
<content>
<p>No information or other matter shall be treated as coming to a professional legal adviser in privileged circumstances if it is communicated or given with a view to furthering any criminal purpose.</p>
</content>
</subsection>
<subsection eId="d4e3508">
<num>11</num>
<intro>
<p>A person guilty of an offence under this section shall be liable—</p>
</intro>
<paragraph eId="d4e3514">
<num>a</num>
<content>
<p>on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both, or</p>
</content>
</paragraph>
<paragraph eId="d4e3520">
<num>b</num>
<content>
<p>on conviction on indictment, to imprisonment for a term not exceeding five years or a fine, or to both.</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="d4e3529">
<num>43B</num>
<heading>Tipping-off</heading>
<subsection eId="d4e3533">
<num>1</num>
<intro>
<p>A person is guilty of an offence if—</p>
</intro>
<paragraph eId="d4e3539">
<num>a</num>
<content>
<p>he knows or suspects that a constable or a person commissioned by the Commissioners of Customs and Excise is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted into drug money laundering within the meaning of subsections (7) and (8) of section 43A of this Act; and</p>
</content>
</paragraph>
<paragraph eId="d4e3545">
<num>b</num>
<content>
<p>he discloses to any other person information or any other matter which is likely to prejudice that investigation, or proposed investigation.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e3551">
<num>2</num>
<intro>
<p>A person is guilty of an offence if—</p>
</intro>
<paragraph eId="d4e3557">
<num>a</num>
<content>
<p>he knows or suspects that a disclosure has been made to a constable, or a person so commissioned, under section 42A, 43 or 43A of this Act; and</p>
</content>
</paragraph>
<paragraph eId="d4e3563">
<num>b</num>
<content>
<p>he discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e3569">
<num>3</num>
<intro>
<p>A person is guilty of an offence if—</p>
</intro>
<paragraph eId="d4e3575">
<num>a</num>
<content>
<p>he knows or suspects that a disclosure of a kind mentioned in section 42A(8), 43(4A) or 43A(5) of this Act has been made; and</p>
</content>
</paragraph>
<paragraph eId="d4e3581">
<num>b</num>
<content>
<p>he discloses to any person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e3587">
<num>4</num>
<intro>
<p>Nothing in subsections (1) to (3) above makes it an offence for a professional legal adviser to disclose any information or other matter—</p>
</intro>
<paragraph eId="d4e3593">
<num>a</num>
<content>
<p>to, or to a representative of, a client of his in connection with the giving by the adviser of legal advice to the client; or</p>
</content>
</paragraph>
<paragraph eId="d4e3599">
<num>b</num>
<intro>
<p>to any person—</p>
</intro>
<subparagraph eId="d4e3605">
<num>i</num>
<content>
<p>in contemplation of, or in connection with, legal proceedings; and</p>
</content>
</subparagraph>
<subparagraph eId="d4e3611">
<num>ii</num>
<content>
<p>for the purpose of those proceedings.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="d4e3617">
<num>5</num>
<content>
<p>Subsection (4) above does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.</p>
</content>
</subsection>
<subsection eId="d4e3623">
<num>6</num>
<content>
<p>In proceedings against a person for an offence under subsection (1), (2) or (3) above, it is a defence to prove that he did not know or suspect that the disclosure was likely to be prejudicial in the way mentioned in that subsection.</p>
</content>
</subsection>
<subsection eId="d4e3629">
<num>7</num>
<intro>
<p>A person guilty of an offence under this section shall be liable—</p>
</intro>
<paragraph eId="d4e3635">
<num>a</num>
<content>
<p>on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both, or</p>
</content>
</paragraph>
<paragraph eId="d4e3641">
<num>b</num>
<content>
<p>on conviction on indictment, to imprisonment for a term not exceeding five years or a fine, or to both.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e3647">
<num>8</num>
<content>
<p>No constable, person so commissioned or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to drug trafficking or the proceeds of such trafficking.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-19-2">
<num>2</num>
<intro>
<p>In section 43 of the Act of 1987 (assisting another to retain the proceeds of drug trafficking)—</p>
</intro>
<paragraph eId="section-19-2-a">
<num>a</num>
<content>
<p>in subsection (3), after the words “trafficking or” there shall be inserted the words “discloses to a constable or a person so commissioned”; and</p>
</content>
</paragraph>
<paragraph eId="section-19-2-b">
<num>b</num>
<content>
<p>in paragraph (a) of subsection (3), for the word “contract” there shall be substituted “statute or otherwise”.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-19-3">
<num>3</num>
<content>
<p>After subsection (4) of that section, there shall be inserted the following subsection—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e3680">
<num>4A</num>
<content>
<p>In the case of a person who was in employment at the relevant time, subsections (3) and (4) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable or a person commissioned as aforesaid.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
<section eId="section-20">
<num>20</num>
<heading>Prosecution by order of the Commissioners of Customs and Excise</heading>
<subsection eId="section-20-1">
<num>1</num>
<content>
<p>
The following section shall be inserted in the
<noteRef href="#m00034" placement="inline" class="margin-note"/>
Drug Trafficking Offences Act 1986, after section 36—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e3707">
<num>36A</num>
<heading>Prosecution by order of the Commissioners of Customs and Excise</heading>
<subsection eId="d4e3711">
<num>1</num>
<content>
<p>Proceedings for an offence to which this section applies (“a specified offence”) may be instituted by order of the Commissioners.</p>
</content>
</subsection>
<subsection eId="d4e3717">
<num>2</num>
<content>
<p>Any proceedings for a specified offence which are so instituted shall be commenced in the name of an officer.</p>
</content>
</subsection>
<subsection eId="d4e3723">
<num>3</num>
<content>
<p>In the case of the death, removal, discharge or absence of the officer in whose name any proceedings for a specified offence were commenced, those proceedings may be continued by another officer.</p>
</content>
</subsection>
<subsection eId="d4e3729">
<num>4</num>
<intro>
<p>Where the Commissioners investigate, or propose to investigate, any matter with a view to determining—</p>
</intro>
<paragraph eId="d4e3735">
<num>a</num>
<content>
<p>whether there are grounds for believing that a specified offence has been committed, or</p>
</content>
</paragraph>
<paragraph eId="d4e3741">
<num>b</num>
<content>
<p>whether a person should be prosecuted for a specified offence,</p>
</content>
</paragraph>
<wrapUp>
<p>
that matter shall be treated as an assigned matter within the meaning of the
<noteRef href="#m00035" placement="inline" class="margin-note"/>
Customs and Excise Management Act 1979.
</p>
</wrapUp>
</subsection>
<subsection eId="d4e3751">
<num>5</num>
<intro>
<p>Nothing in this section shall be taken—</p>
</intro>
<paragraph eId="d4e3757">
<num>a</num>
<content>
<p>to prevent any person (including any officer) who has power to arrest, detain or prosecute any person for a specified offence from doing so; or</p>
</content>
</paragraph>
<paragraph eId="d4e3763">
<num>b</num>
<content>
<p>to prevent a court from proceeding to deal with a person brought before it following his arrest by an officer for a specified offence, even though the proceedings have not been instituted by an order made under subsection (1) above.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e3769">
<num>6</num>
<content>
<p>In this section—</p>
<blockList class="unordered">
<item>
<p>“the Commissioners” means the Commissioners of Customs and Excise;</p>
</item>
<item>
<p>“officer” means a person commissioned by the Commissioners; and</p>
</item>
<item>
<p>“specified offence” means—</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>
an offence under section 23A, 24, 26B, 26C or 31 of this Act or section 14 of the
<noteRef href="#m00036" placement="inline" class="margin-note"/>
Criminal Justice (International Co-operation) Act 1990 (concealing or transferring proceeds of drug trafficking);
</p>
</item>
<item>
<num>b</num>
<p>attempting to commit, conspiracy to commit or incitement to commit, any such offence; or</p>
</item>
<item>
<num>c</num>
<p>any other offence of a kind prescribed in regulations made by the Secretary of State for the purposes of this section.</p>
</item>
</blockList>
</item>
</blockList>
</content>
</subsection>
<subsection eId="d4e3803">
<num>7</num>
<content>
<p>The power to make regulations under subsection (6) above shall be exercisable by statutory instrument.</p>
</content>
</subsection>
<subsection eId="d4e3809">
<num>8</num>
<content>
<p>Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-20-2">
<num>2</num>
<content>
<p>
The following section shall be inserted in the
<noteRef href="#m00037" placement="inline" class="margin-note"/>
Criminal Justice (Scotland) Act 1987, after section 40—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e3829">
<num>40A</num>
<heading>Prosecution by order of the Commissioners of Customs and Excise</heading>
<subsection eId="d4e3833">
<num>1</num>
<content>
<p>Summary proceedings for a specified offence may be instituted by order of the Commissioners and shall, if so instituted, be commenced in the name of an officer.</p>
</content>
</subsection>
<subsection eId="d4e3839">
<num>2</num>
<content>
<p>In the case of the death, removal, discharge or absence of the officer in whose name any proceedings for a specified offence were commenced, those proceedings may be continued by another officer.</p>
</content>
</subsection>
<subsection eId="d4e3845">
<num>3</num>
<intro>
<p>Where the Commissioners investigate, or propose to investigate, any matter with a view to determining—</p>
</intro>
<paragraph eId="d4e3851">
<num>a</num>
<content>
<p>whether there are grounds for believing that a specified offence has been committed, or</p>
</content>
</paragraph>
<paragraph eId="d4e3857">
<num>b</num>
<content>
<p>whether a person should be prosecuted for a specified offence,</p>
</content>
</paragraph>
<wrapUp>
<p>
that matter shall be treated as an assigned matter within the meaning of the
<noteRef href="#m00038" placement="inline" class="margin-note"/>
Customs and Excise Management Act 1979.
</p>
</wrapUp>
</subsection>
<subsection eId="d4e3867">
<num>4</num>
<intro>
<p>Nothing in this section shall be taken—</p>
</intro>
<paragraph eId="d4e3873">
<num>a</num>
<content>
<p>to prevent any person (including any officer) who has power to arrest, detain or prosecute any person for a specified offence from doing so; or</p>
</content>
</paragraph>
<paragraph eId="d4e3879">
<num>b</num>
<content>
<p>to prevent a court from proceeding to deal with a person brought before it following his arrest by an officer for a specified offence, even though the proceedings have not been instituted by an order made under subsection (1) above.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e3885">
<num>5</num>
<content>
<p>In this section—</p>
<blockList class="unordered">
<item>
<p>“the Commissioners” means the Commissioners of Customs and Excise;</p>
</item>
<item>
<p>“officer” means a person commissioned by the Commissioners; and</p>
</item>
<item>
<p>“specified offence” means—</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>
an offence under section 42, 42A, 43, 43A or 43B of this Act or section 14 of the
<noteRef href="#m00039" placement="inline" class="margin-note"/>
Criminal Justice (International Co-operation) Act 1990 (concealing or transferring proceeds of drug trafficking);
</p>
</item>
<item>
<num>b</num>
<p>attempting to commit, conspiracy to commit or incitement to commit, any such offence; or</p>
</item>
<item>
<num>c</num>
<p>any other offence of a kind prescribed in regulations made by the Secretary of State for the purposes of this section.</p>
</item>
</blockList>
</item>
</blockList>
</content>
</subsection>
<subsection eId="d4e3919">
<num>6</num>
<content>
<p>Regulations under subsection (5) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
</hcontainer>
<hcontainer name="crossheading" eId="part-II-crossheading-enforcement">
<heading>Enforcement</heading>
<section eId="section-21">
<num>21</num>
<heading>Enforcement of certain orders</heading>
<subsection eId="section-21-1">
<num>1</num>
<content>
<p>
In section 9 of the
<noteRef href="#m00040" placement="inline" class="margin-note"/>
Criminal Justice (International Co-operation) Act 1990 (enforcement of overseas forfeiture orders), in subsection (1)(b), the words “or intended for use” shall be inserted after “used”.
</p>
</content>
</subsection>
<subsection eId="section-21-2">
<num>2</num>
<content>
<p>
In section 24A of the
<noteRef href="#m00041" placement="inline" class="margin-note"/>
Drug Trafficking Offences Act 1986 (recognition and enforcement of certain orders), the following shall be substituted for subsection (6)—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e3954">
<num>6</num>
<content>
<p>An Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-21-3">
<num>3</num>
<intro>
<p>The same subsection as is inserted in section 24A of the Act of 1986 by subsection (2) shall be inserted in—</p>
</intro>
<paragraph eId="section-21-3-a">
<num>a</num>
<content>
<p>section 25 of that Act (but in substitution for subsection (4));</p>
</content>
</paragraph>
<paragraph eId="section-21-3-b">
<num>b</num>
<content>
<p>section 26 of that Act (but in substitution for subsection (5));</p>
</content>
</paragraph>
<paragraph eId="section-21-3-c">
<num>c</num>
<content>
<p>
section 29 of the
<noteRef href="#m00042" placement="inline" class="margin-note"/>
Criminal Justice (Scotland) Act 1987 (but in substitution for subsection (4));
</p>
</content>
</paragraph>
<paragraph eId="section-21-3-d">
<num>d</num>
<content>
<p>section 30 of the Act of 1987 (but in substitution for subsection (5));</p>
</content>
</paragraph>
<paragraph eId="section-21-3-e">
<num>e</num>
<content>
<p>
section 94 of the
<noteRef href="#m00043" placement="inline" class="margin-note"/>
Criminal Justice Act 1988 (but in substitution for subsection (4));
</p>
</content>
</paragraph>
<paragraph eId="section-21-3-f">
<num>f</num>
<content>
<p>section 95 of the Act of 1988 (but in substitution for subsection (3));</p>
</content>
</paragraph>
<paragraph eId="section-21-3-g">
<num>g</num>
<content>
<p>section 96 of the Act of 1988 (but in substitution for subsection (5));</p>
</content>
</paragraph>
<paragraph eId="section-21-3-h">
<num>h</num>
<content>
<p>
section 9 of the
<noteRef href="#m00044" placement="inline" class="margin-note"/>
Criminal Justice (International Co-operation) Act 1990 (but in substitution for subsection (5)).
</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="section-22">
<num>22</num>
<heading>Enforcement of Northern Ireland orders: drug trafficking</heading>
<subsection eId="section-22-1">
<num>1</num>
<content>
<p>
In section 25 of the
<noteRef href="#m00045" placement="inline" class="margin-note"/>
Drug Trafficking Offences Act 1986 (enforcement of Northern Ireland orders), in subsection (1), for “19” there shall be substituted “18” and the following subsection shall be inserted after subsection (3)—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e4038">
<num>3A</num>
<content>
<p>
An Order in Council under this section may, in particular, provide for section 18 of the
<noteRef href="#m00046" placement="inline" class="margin-note"/>
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.
</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-22-2">
<num>2</num>
<content>
<p>In section 29 of the Criminal Justice (Scotland) Act 1987 (enforcement of Northern Ireland orders), the following subsection shall be inserted after subsection (3)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e4055">
<num>3A</num>
<content>
<p>An Order in Council under this section may, in particular, provide for section 18 of the 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.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
<section eId="section-23">
<num>23</num>
<heading>Transfer of certain enforcement powers to the Commissioners of Customs and Excise</heading>
<subsection eId="section-23-1">
<num>1</num>
<content>
<p>The functions of the Secretary of State under section 20 of the Criminal Justice (International Co-operation) Act 1990 (enforcement powers in relation to ships) are transferred to the Commissioners of Customs and Excise.</p>
</content>
</subsection>
<subsection eId="section-23-2">
<num>2</num>
<intro>
<p>The following consequential amendments shall be made in the Act of 1990—</p>
</intro>
<paragraph eId="section-23-2-a">
<num>a</num>
<content>
<p>in section 20, for “Secretary of State”, “he” and “his”, wherever they occur, there shall be substituted, respectively, “Commissioners of Customs and Excise”, “they” and “their”;</p>
</content>
</paragraph>
<paragraph eId="section-23-2-b">
<num>b</num>
<content>
<p>in section 21(3), for “ Secretary of State”, where first occurring, there shall be substituted “Commissioners of Customs and Excise”; and</p>
</content>
</paragraph>
<paragraph eId="section-23-2-c">
<num>c</num>
<content>
<p>in paragraph 2(2) of Schedule 3, for “Secretary of State” there shall be substituted “Commissioners of Customs and Excise”.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-23-3">
<num>3</num>
<content>
<p>The transfer of functions effected by this section shall not affect the validity of any action taken or begun under section 20 of the Act of 1990 before the coming into force of this section.</p>
</content>
</subsection>
</section>
</hcontainer>
<hcontainer name="crossheading" eId="part-II-crossheading-miscellaneous">
<heading>Miscellaneous</heading>
<section eId="section-24">
<num>24</num>
<heading>Miscellaneous amendments</heading>
<subsection eId="section-24-1">
<num>1</num>
<content>
<p>
In section 8(6) of the
<noteRef href="#m00047" placement="inline" class="margin-note"/>
Drug Trafficking Offences Act 1986 (restraint orders), for “the court may” there shall be substituted “the High Court or a county court may”.
</p>
</content>
</subsection>
<subsection eId="section-24-2">
<num>2</num>
<content>
<p>In sections 12(1) and (2), 13(1), 15(2), 16(2), 17(2) and 19(2)(b)(i) of that Act after “High Court” there shall be inserted, in each case, “or a county court”.</p>
</content>
</subsection>
<subsection eId="section-24-3">
<num>3</num>
<content>
<p>In section 17A(2) of that Act (expenses of insolvency practitioner dealing with property subject to restraint order), for “(3)(za)” there shall be substituted “(4)”.</p>
</content>
</subsection>
<subsection eId="section-24-4">
<num>4</num>
<content>
<p>In section 18(2) of that Act (remuneration and expenses of receiver), for “(3B)” there shall be substituted “(5)”.</p>
</content>
</subsection>
<subsection eId="section-24-5">
<num>5</num>
<content>
<p>In section 27 of that Act (application for an order to make material available), in subsection (8) for “this section” there shall be substituted “subsection (1) above” and the following subsection shall be added at the end—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e4149">
<num>10</num>
<content>
<p>An application under subsection (1) or (5) above may be made ex parte to a judge in chambers.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-24-6">
<num>6</num>
<content>
<p>In section 27(5) of that Act the words “or, as the case may be, the sheriff” (which are spent) shall be omitted.</p>
</content>
</subsection>
<subsection eId="section-24-7">
<num>7</num>
<content>
<p>Section 38(1) of that Act (interpretation) shall be amended in accordance with subsections (8) and (9).</p>
</content>
</subsection>
<subsection eId="section-24-8">
<num>8</num>
<content>
<p>In the definition of “drug trafficking”, in paragraph (d), the words “or would be such an offence if it took place in England and Wales” shall be inserted at the end and the following paragraphs shall be inserted after paragraph (d)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<paragraph eId="d4e4176">
<num>e</num>
<content>
<p>acquiring, having possession of or using property in circumstances which amount to the commission of an offence under section 23A of this Act or which would be such an offence if it took place in England and Wales;</p>
</content>
</paragraph>
<paragraph eId="d4e4182">
<num>f</num>
<content>
<p>
conduct which is an offence under section 14 (concealing or transferring proceeds of drug trafficking) of the
<noteRef href="#m00048" placement="inline" class="margin-note"/>
Criminal Justice (International Co-operation) Act 1990 or which would be such an offence if it took place in England and Wales;
</p>
</content>
</paragraph>
<paragraph eId="d4e4190">
<num>g</num>
<content>
<p>using any ship for illicit traffic in controlled drugs in circumstances which amount to the commission of an offence under section 19 of the Act of 1990;</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-24-9">
<num>9</num>
<content>
<p>In the definition of “drug trafficking offence”, the following paragraph shall be inserted after paragraph (c)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<paragraph eId="d4e4205">
<num>cc</num>
<content>
<p>an offence under section 23A of this Act;</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-24-10">
<num>10</num>
<content>
<p>
In section 18(4A) of the
<noteRef href="#m00049" placement="inline" class="margin-note"/>
Civil Jurisdiction and Judgments Act 1982 (enforcement of United Kingdom judgments in other parts of the United Kingdom), after “High Court” there shall be inserted “or a county court”.
</p>
</content>
</subsection>
<subsection eId="section-24-11">
<num>11</num>
<content>
<p>
In section 116(2)(aa) of the
<noteRef href="#m00050" placement="inline" class="margin-note"/>
Police and Criminal Evidence Act 1984 (drug trafficking offences to be arrestable offences that are always serious), for “(d)” there shall be substituted “(dd)”.
</p>
</content>
</subsection>
<subsection eId="section-24-12">
<num>12</num>
<content>
<p>
Section 1 of the
<noteRef href="#m00051" placement="inline" class="margin-note"/>
Criminal Justice (Scotland) Act 1987 (confiscation orders in relation to drug trafficking offences) shall be amended in accordance with subsections (13) to (15).
</p>
</content>
</subsection>
<subsection eId="section-24-13">
<num>13</num>
<content>
<p>In subsection (2) (offences in relation to which confiscation orders may be made), the following paragraph shall be inserted after paragraph (b)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<paragraph eId="d4e4245">
<num>bb</num>
<content>
<p>an offence under section 42A of this Act;</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-24-14">
<num>14</num>
<content>
<p>In subsection (6) (definition of “drug trafficking”), after paragraph (e) there shall be inserted the following paragraphs—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<paragraph eId="d4e4260">
<num>f</num>
<content>
<p>acquiring, having possession of or using property in contravention of section 42A of this Act;</p>
</content>
</paragraph>
<paragraph eId="d4e4266">
<num>g</num>
<content>
<p>concealing or transferring the proceeds of drug trafficking in contravention of section 14 of the Act of 1990;</p>
</content>
</paragraph>
<paragraph eId="d4e4272">
<num>h</num>
<content>
<p>using any ship for illicit traffic in controlled drugs in contravention of section 19 of the Act of 1990;</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-24-15">
<num>15</num>
<content>
<p>After subsection (6) there shall be inserted the following subsection—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e4287">
<num>7</num>
<content>
<p>In paragraphs (e) to (g) of subsection (6) above, references to conduct in contravention of the enactments mentioned in those paragraphs include conduct which would contravene the enactments if it took place in Scotland.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
<section eId="section-25">
<num>25</num>
<heading>Appeal against order forfeiting drug trafficking cash</heading>
<subsection eId="section-25-1">
<num>1</num>
<content>
<p>
The following sections shall be inserted in the
<noteRef href="#m00052" placement="inline" class="margin-note"/>
Criminal Justice (International Co-operation) Act 1990, after section 26—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e4314">
<num>26A</num>
<heading>Appeal against section 26 order</heading>
<subsection eId="d4e4318">
<num>1</num>
<content>
<p>This section applies where an order for the forfeiture of cash (“the forfeiture order”) is made under section 26 above by a magistrates' court.</p>
</content>
</subsection>
<subsection eId="d4e4324">
<num>2</num>
<content>
<p>Any party to the proceedings in which the forfeiture order is made (other than the applicant for the order) may, before the end of the period of 30 days beginning with the date on which it is made, appeal to the Crown Court or, in Northern Ireland, to a county court.</p>
</content>
</subsection>
<subsection eId="d4e4330">
<num>3</num>
<content>
<p>An appeal under this section shall be by way of a rehearing.</p>
</content>
</subsection>
<subsection eId="d4e4336">
<num>4</num>
<content>
<p>On an application made by the appellant to a magistrates' court at any time, that court may order the release of so much of the cash to which the forfeiture order relates as it considers appropriate to enable him to meet his legal expenses in connection with the appeal.</p>
</content>
</subsection>
<subsection eId="d4e4342">
<num>5</num>
<content>
<p>The court hearing an appeal under this section may make such order as it considers appropriate.</p>
</content>
</subsection>
<subsection eId="d4e4348">
<num>6</num>
<content>
<p>If it upholds the appeal, the court may order the release of the cash, or (as the case may be) the remaining cash, together with any accrued interest.</p>
</content>
</subsection>
<subsection eId="d4e4354">
<num>7</num>
<content>
<p>Section 26(3) applies in relation to a rehearing on an appeal under this section as it applies to proceedings under section 26.</p>
</content>
</subsection>
</section>
<section eId="d4e4363">
<num>26B</num>
<heading>Appeal against section 26 order: Scotland</heading>
<content>
<p>Any party to proceedings in which an order for the forfeiture of cash is made by the sheriff under section 26 above may appeal against the order to the Court of Session.</p>
</content>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-25-2">
<num>2</num>
<content>
<p>The Act of 1990 shall be further amended as follows.</p>
</content>
</subsection>
<subsection eId="section-25-3">
<num>3</num>
<content>
<p>In section 26 (forfeiture of drug trafficking cash), after subsection (3) there shall be inserted the following subsection—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e4384">
<num>4</num>
<content>
<p>Proceedings on an application under this section to the sheriff shall be civil proceedings.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-25-4">
<num>4</num>
<content>
<p>In section 28 (procedure), the words “or appeals” shall be inserted after the word “applications” in each place where it occurs in subsection (2).</p>
</content>
</subsection>
<subsection eId="section-25-5">
<num>5</num>
<content>
<p>In section 30 (forfeited cash to be paid into the Consolidated Fund), the following subsection shall be added at the end—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e4405">
<num>3</num>
<intro>
<p>Subsection (2) above does not apply—</p>
</intro>
<paragraph eId="d4e4411">
<num>a</num>
<content>
<p>where an appeal is made under section 26A or 26B above, before the appeal is determined or otherwise disposed of; and</p>
</content>
</paragraph>
<paragraph eId="d4e4417">
<num>b</num>
<intro>
<p>in any other case—</p>
</intro>
<subparagraph eId="d4e4423">
<num>i</num>
<content>
<p>where the forfeiture was ordered by a magistrates' court, before the end of the period of 30 days mentioned in section 26A(2); or</p>
</content>
</subparagraph>
<subparagraph eId="d4e4429">
<num>ii</num>
<content>
<p>where the forfeiture was ordered by the sheriff, before the end of any period within which, in accordance with rules of court, an appeal under section 26B must be made.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-25-6">
<num>6</num>
<content>
<p>The amendments made by this section apply only in relation to orders under section 26 of the Act of 1990 made on or after the date on which this section comes into force.</p>
</content>
</subsection>
</section>
<section eId="section-26">
<num>26</num>
<heading>Disclosure of information etc. received in privileged circumstances</heading>
<subsection eId="section-26-1">
<num>1</num>
<content>
<p>
In section 31 of the
<noteRef href="#m00053" placement="inline" class="margin-note"/>
Drug Trafficking Offences Act 1986 (offence of prejudicing investigation), the following subsections shall be inserted after subsection (2)—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e4459">
<num>2A</num>
<intro>
<p>Nothing in subsection (1) above makes it an offence for a professional legal adviser to disclose any information or other matter—</p>
</intro>
<paragraph eId="d4e4465">
<num>a</num>
<content>
<p>to, or to a representative of, a client of his in connection with the giving by the adviser of legal advice to the client; or</p>
</content>
</paragraph>
<paragraph eId="d4e4471">
<num>b</num>
<intro>
<p>to any person—</p>
</intro>
<subparagraph eId="d4e4477">
<num>i</num>
<content>
<p>in contemplation of, or in connection with, legal proceedings; and</p>
</content>
</subparagraph>
<subparagraph eId="d4e4483">
<num>ii</num>
<content>
<p>for the purpose of those proceedings.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="d4e4489">
<num>2B</num>
<content>
<p>Subsection (2A) above does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-26-2">
<num>2</num>
<content>
<p>
The same subsections as are inserted in section 31 of the Act of 1986 by subsection (1) shall be inserted in section 42 of the
<noteRef href="#m00054" placement="inline" class="margin-note"/>
Criminal Justice (Scotland) Act 1987 (corresponding Scottish provision).
</p>
</content>
</subsection>
</section>
</hcontainer>
</part>
<part eId="part-III">
<num>PART III</num>
<heading>PROCEEDS OF CRIMINAL CONDUCT</heading>
<hcontainer name="crossheading" eId="part-III-crossheading-confiscation-orders">
<heading>Confiscation orders</heading>
<section eId="section-27">
<num>27</num>
<heading>Confiscation orders</heading>
<subsection eId="section-27-1">
<num>1</num>
<content>
<p>
Section 71 of the
<noteRef href="#m00055" placement="inline" class="margin-note"/>
Criminal Justice Act 1988 (confiscation orders) shall be amended as follows.
</p>
</content>
</subsection>
<subsection eId="section-27-2">
<num>2</num>
<content>
<p>The following subsection shall be inserted after subsection (7)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e4535">
<num>7A</num>
<intro>
<p>The standard of proof required to determine any question arising under this Part of this Act as to—</p>
</intro>
<paragraph eId="d4e4541">
<num>a</num>
<content>
<p>whether a person has benefited as mentioned in subsection (2)(b)(i) above;</p>
</content>
</paragraph>
<paragraph eId="d4e4547">
<num>b</num>
<content>
<p>whether his benefit is at least the minimum amount; or</p>
</content>
</paragraph>
<paragraph eId="d4e4553">
<num>c</num>
<content>
<p>the amount to be recovered in his case by virtue of section 72 below,</p>
</content>
</paragraph>
<wrapUp>
<p>shall be that applicable in civil proceedings.</p>
</wrapUp>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-27-3">
<num>3</num>
<content>
<p>The following subsection shall be inserted at the end—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e4570">
<num>10</num>
<content>
<p>Subsection (9) above is subject to section 93E below.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
<section eId="section-28">
<num>28</num>
<heading>Postponed determinations</heading>
<content>
<p>The following section shall be inserted in the Criminal Justice Act 1988, after section 72—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e4591">
<num>72A</num>
<heading>Postponed determinations</heading>
<subsection eId="d4e4595">
<num>1</num>
<intro>
<p>Where a court is acting under section 71 above but considers that it requires further information before—</p>
</intro>
<paragraph eId="d4e4601">
<num>a</num>
<content>
<p>determining whether the defendant has benefited as mentioned in section 71(2)(b)(i) above;</p>
</content>
</paragraph>
<paragraph eId="d4e4607">
<num>b</num>
<content>
<p>determining whether his benefit is at least the minimum amount; or</p>
</content>
</paragraph>
<paragraph eId="d4e4613">
<num>c</num>
<content>
<p>determining the amount to be recovered in his case by virtue of section 72 above,</p>
</content>
</paragraph>
<wrapUp>
<p>it may, for the purpose of enabling that information to be obtained, postpone making that determination for such period as it may specify.</p>
</wrapUp>
</subsection>
<subsection eId="d4e4621">
<num>2</num>
<content>
<p>More than one postponement may be made under subsection (1) above in relation to the same case.</p>
</content>
</subsection>
<subsection eId="d4e4627">
<num>3</num>
<intro>
<p>Unless it is satisfied that there are exceptional circumstances, the court shall not specify a period under subsection (1) above which—</p>
</intro>
<paragraph eId="d4e4633">
<num>a</num>
<content>
<p>by itself; or</p>
</content>
</paragraph>
<paragraph eId="d4e4639">
<num>b</num>
<content>
<p>where there have been one or more previous postponements under subsection (1) above or (4) below, when taken together with the earlier specified period or periods,</p>
</content>
</paragraph>
<wrapUp>
<p>exceeds six months beginning with the date of conviction.</p>
</wrapUp>
</subsection>
<subsection eId="d4e4647">
<num>4</num>
<intro>
<p>Where the defendant appeals against his conviction, the court may, on that account—</p>
</intro>
<paragraph eId="d4e4653">
<num>a</num>
<content>
<p>postpone making any of the determinations mentioned in subsection (1) above for such period as it may specify; or</p>
</content>
</paragraph>
<paragraph eId="d4e4659">
<num>b</num>
<content>
<p>where it has already exercised its powers under this section to postpone, extend the specified period.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e4665">
<num>5</num>
<intro>
<p>A postponement or extension under subsection (1) or (4) above may be made—</p>
</intro>
<paragraph eId="d4e4671">
<num>a</num>
<content>
<p>on application by the defendant or the prosecutor; or</p>
</content>
</paragraph>
<paragraph eId="d4e4677">
<num>b</num>
<content>
<p>by the court of its own motion.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e4683">
<num>6</num>
<content>
<p>Unless the court is satisfied that there are exceptional circumstances, any postponement or extension under subsection (4) above shall not exceed the period ending three months after the date on which the appeal is determined or otherwise disposed of.</p>
</content>
</subsection>
<subsection eId="d4e4689">
<num>7</num>
<content>
<p>Where the court exercises its power under subsection (1) or (4) above, it may nevertheless proceed to sentence, or otherwise deal with, the defendant in respect of the offence or any of the offences concerned.</p>
</content>
</subsection>
<subsection eId="d4e4695">
<num>8</num>
<intro>
<p>Where the court has so proceeded, section 72 above shall have effect as if—</p>
</intro>
<paragraph eId="d4e4701">
<num>a</num>
<content>
<p>in subsection (4), the words from “before sentencing” to “offences concerned” were omitted; and</p>
</content>
</paragraph>
<paragraph eId="d4e4707">
<num>b</num>
<content>
<p>in subsection (5), after “determining” there were inserted “in relation to any offence in respect of which he has not been sentenced or otherwise dealt with”.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e4713">
<num>9</num>
<intro>
<p>In sentencing, or otherwise dealing with, the defendant in respect of the offence, or any of the offences, concerned at any time during the specified period, the court shall not—</p>
</intro>
<paragraph eId="d4e4719">
<num>a</num>
<content>
<p>impose any fine on him; or</p>
</content>
</paragraph>
<paragraph eId="d4e4725">
<num>b</num>
<content>
<p>make any such order as is mentioned in section 72(5)(b) or (c) above.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e4731">
<num>10</num>
<content>
<p>
In this section, references to an appeal include references to an application under section 111 of the
<noteRef href="#m00056" placement="inline" class="margin-note"/>
Magistrates' Courts Act 1980 (statement of case by magistrates' court).
</p>
</content>
</subsection>
<subsection eId="d4e4739">
<num>11</num>
<intro>
<p>In this section “the date of conviction” means—</p>
</intro>
<paragraph eId="d4e4745">
<num>a</num>
<content>
<p>the date on which the defendant was convicted of the offence concerned, or</p>
</content>
</paragraph>
<paragraph eId="d4e4751">
<num>b</num>
<content>
<p>where he was convicted in the same proceedings, but on different dates, of two or more offences which may be taken together for the purposes of subsection (2) or, as the case may be, (3) of section 71 above, the date of the latest of those convictions.</p>
</content>
</paragraph>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
</hcontainer>
<hcontainer name="crossheading" eId="part-III-crossheading-money-laundering-and-other-offences">
<heading>Money laundering and other offences</heading>
<section eId="section-29">
<num>29</num>
<heading>Assisting another to retain the benefit of criminal conduct</heading>
<subsection eId="section-29-1">
<num>1</num>
<content>
<p>
The following section shall be inserted in the
<noteRef href="#m00057" placement="inline" class="margin-note"/>
Criminal Justice Act 1988, after section 93—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<hcontainer name="crossheading" eId="d4e4778">
<heading>Money laundering and other offences</heading>
<section eId="d4e4784">
<num>93A</num>
<heading>Assisting another to retain the benefit of criminal conduct</heading>
<subsection eId="d4e4788">
<num>1</num>
<intro>
<p>Subject to subsection (3) below, if a person enters into or is otherwise concerned in an arrangement whereby—</p>
</intro>
<paragraph eId="d4e4794">
<num>a</num>
<content>
<p>the retention or control by or on behalf of another (“A”) of A’s proceeds of criminal conduct is facilitated (whether by concealment, removal from the jurisdiction, transfer to nominees or otherwise); or</p>
</content>
</paragraph>
<paragraph eId="d4e4800">
<num>b</num>
<intro>
<p>A’s proceeds of criminal conduct—</p>
</intro>
<subparagraph eId="d4e4806">
<num>i</num>
<content>
<p>are used to secure that funds are placed at A’s disposal; or</p>
</content>
</subparagraph>
<subparagraph eId="d4e4812">
<num>ii</num>
<content>
<p>are used for A’s benefit to acquire property by way of investment,</p>
</content>
</subparagraph>
</paragraph>
<wrapUp>
<p>knowing or suspecting that A is a person who is or has been engaged in criminal conduct or has benefited from criminal conduct, he is guilty of an offence.</p>
</wrapUp>
</subsection>
<subsection eId="d4e4820">
<num>2</num>
<content>
<p>In this section, references to any person’s proceeds of criminal conduct include a reference to any property which in whole or in part directly or indirectly represented in his hands his proceeds of criminal conduct.</p>
</content>
</subsection>
<subsection eId="d4e4826">
<num>3</num>
<intro>
<p>Where a person discloses to a constable a suspicion or belief that any funds or investments are derived from or used in connection with criminal conduct or discloses to a constable any matter on which such a suspicion or belief is based—</p>
</intro>
<paragraph eId="d4e4832">
<num>a</num>
<content>
<p>the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise; and</p>
</content>
</paragraph>
<paragraph eId="d4e4838">
<num>b</num>
<intro>
<p>if he does any act in contravention of subsection (1) above and the disclosure relates to the arrangement concerned, he does not commit an offence under this section if—</p>
</intro>
<subparagraph eId="d4e4844">
<num>i</num>
<content>
<p>the disclosure is made before he does the act concerned and the act is done with the consent of the constable; or</p>
</content>
</subparagraph>
<subparagraph eId="d4e4850">
<num>ii</num>
<content>
<p>the disclosure is made after he does the act, but is made on his initiative and as soon as it is reasonable for him to make it.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="d4e4856">
<num>4</num>
<intro>
<p>In proceedings against a person for an offence under this section, it is a defence to prove—</p>
</intro>
<paragraph eId="d4e4862">
<num>a</num>
<content>
<p>that he did not know or suspect that the arrangement related to any person’s proceeds of criminal conduct; or</p>
</content>
</paragraph>
<paragraph eId="d4e4868">
<num>b</num>
<content>
<p>that he did not know or suspect that by the arrangement the retention or control by or on behalf of A of any property was facilitated or, as the case may be, that by the arrangement any property was used, as mentioned in subsection (1) above; or</p>
</content>
</paragraph>
<paragraph eId="d4e4874">
<num>c</num>
<intro>
<p>that—</p>
</intro>
<subparagraph eId="d4e4880">
<num>i</num>
<content>
<p>he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in subsection (3) above in relation to the arrangement; but</p>
</content>
</subparagraph>
<subparagraph eId="d4e4886">
<num>ii</num>
<content>
<p>there is reasonable excuse for his failure to make disclosure in accordance with subsection (3)(b) above.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="d4e4892">
<num>5</num>
<content>
<p>In the case of a person who was in employment at the relevant time, subsections (3) and (4) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.</p>
</content>
</subsection>
<subsection eId="d4e4898">
<num>6</num>
<intro>
<p>A person guilty of an offence under this section shall be liable—</p>
</intro>
<paragraph eId="d4e4904">
<num>a</num>
<content>
<p>on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both; or</p>
</content>
</paragraph>
<paragraph eId="d4e4910">
<num>b</num>
<content>
<p>on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or to both.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e4916">
<num>7</num>
<content>
<p>In this Part of this Act “criminal conduct” means conduct which constitutes an offence to which this Part of this Act applies or would constitute such an offence if it had occurred in England and Wales or (as the case may be) Scotland.</p>
</content>
</subsection>
</section>
</hcontainer>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-29-2">
<num>2</num>
<content>
<p>In section 102(1) of the Act of 1988 (interpretation of Part VI), the following definition shall be inserted after the definition of “interest”—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<p>“proceeds of criminal conduct”, in relation to any person who has benefited from criminal conduct, means that benefit;</p>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-29-3">
<num>3</num>
<content>
<p>In section 102(2) of the Act of 1988, the following entry shall be inserted in the table after the entry relating to section 71(9)(a)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<tblock class="tabular">
<table>
<tr>
<td colspan="1" rowspan="1">
<p>Criminal conduct</p>
</td>
<td colspan="1" rowspan="1">
<p>Section 93A(7)</p>
</td>
</tr>
</table>
</tblock>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
<section eId="section-30">
<num>30</num>
<heading>Acquisition, possession or use of proceeds of criminal conduct</heading>
<content>
<p>
The following section shall be inserted in the
<noteRef href="#m00058" placement="inline" class="margin-note"/>
Criminal Justice Act 1988, after section 93A—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e4968">
<num>93B</num>
<heading>Acquisition, possession or use of proceeds of criminal conduct</heading>
<subsection eId="d4e4972">
<num>1</num>
<content>
<p>A person is guilty of an offence if, knowing that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of criminal conduct, he acquires or uses that property or has possession of it.</p>
</content>
</subsection>
<subsection eId="d4e4978">
<num>2</num>
<content>
<p>It is a defence to a charge of committing an offence under this section that the person charged acquired or used the property or had possession of it for adequate consideration.</p>
</content>
</subsection>
<subsection eId="d4e4984">
<num>3</num>
<intro>
<p>For the purposes of subsection (2) above—</p>
</intro>
<paragraph eId="d4e4990">
<num>a</num>
<content>
<p>a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property; and</p>
</content>
</paragraph>
<paragraph eId="d4e4996">
<num>b</num>
<content>
<p>a person uses or has possession of property for inadequate consideration if the value of the consideration is significantly less than the value of his use or possession of the property.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e5002">
<num>4</num>
<content>
<p>The provision for any person of services or goods which are of assistance to him in criminal conduct shall not be treated as consideration for the purposes of subsection (2) above.</p>
</content>
</subsection>
<subsection eId="d4e5008">
<num>5</num>
<intro>
<p>Where a person discloses to a constable a suspicion or belief that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of criminal conduct or discloses to a constable any matter on which such a suspicion or belief is based—</p>
</intro>
<paragraph eId="d4e5014">
<num>a</num>
<content>
<p>the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise; and</p>
</content>
</paragraph>
<paragraph eId="d4e5020">
<num>b</num>
<intro>
<p>if he does any act in relation to that property in contravention of subsection (1) above, he does not commit an offence under this section if—</p>
</intro>
<subparagraph eId="d4e5026">
<num>i</num>
<content>
<p>the disclosure is made before he does the act concerned and the act is done with the consent of the constable; or</p>
</content>
</subparagraph>
<subparagraph eId="d4e5032">
<num>ii</num>
<content>
<p>the disclosure is made after he does the act, but on his initiative and as soon as it is reasonable for him to make it.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="d4e5038">
<num>6</num>
<content>
<p>For the purposes of this section, having possession of any property shall be taken to be doing an act in relation to it.</p>
</content>
</subsection>
<subsection eId="d4e5044">
<num>7</num>
<intro>
<p>In proceedings against a person for an offence under this section, it is a defence to prove that—</p>
</intro>
<paragraph eId="d4e5050">
<num>a</num>
<content>
<p>he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in subsection (5) above; but</p>
</content>
</paragraph>
<paragraph eId="d4e5056">
<num>b</num>
<content>
<p>there is reasonable excuse for his failure to make the disclosure in accordance with paragraph (b) of that subsection.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e5062">
<num>8</num>
<content>
<p>In the case of a person who was in employment at the relevant time, subsections (5) and (7) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.</p>
</content>
</subsection>
<subsection eId="d4e5068">
<num>9</num>
<intro>
<p>A person guilty of an offence under this section is liable—</p>
</intro>
<paragraph eId="d4e5074">
<num>a</num>
<content>
<p>on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both; or</p>
</content>
</paragraph>
<paragraph eId="d4e5080">
<num>b</num>
<content>
<p>on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or to both.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e5086">
<num>10</num>
<content>
<p>No constable or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to criminal conduct or the proceeds of such conduct.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
<section eId="section-31">
<num>31</num>
<heading>Concealing or transferring proceeds of criminal conduct</heading>
<content>
<p>
The following section shall be inserted in the
<noteRef href="#m00059" placement="inline" class="margin-note"/>
Criminal Justice Act 1988, after section 93B—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e5109">
<num>93C</num>
<heading>Concealing or transferring proceeds of criminal conduct</heading>
<subsection eId="d4e5113">
<num>1</num>
<intro>
<p>A person is guilty of an offence if he—</p>
</intro>
<paragraph eId="d4e5119">
<num>a</num>
<content>
<p>conceals or disguises any property which is, or in whole or in part directly or indirectly represents, his proceeds of criminal conduct; or</p>
</content>
</paragraph>
<paragraph eId="d4e5125">
<num>b</num>
<content>
<p>converts or transfers that property or removes it from the jurisdiction,</p>
</content>
</paragraph>
<wrapUp>
<p>for the purpose of avoiding prosecution for an offence to which this Part of this Act applies or the making or enforcement in his case of a confiscation order.</p>
</wrapUp>
</subsection>
<subsection eId="d4e5133">
<num>2</num>
<intro>
<p>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 criminal conduct, he—</p>
</intro>
<paragraph eId="d4e5139">
<num>a</num>
<content>
<p>conceals or disguises that property; or</p>
</content>
</paragraph>
<paragraph eId="d4e5145">
<num>b</num>
<content>
<p>converts or transfers that property or removes it from the jurisdiction,</p>
</content>
</paragraph>
<wrapUp>
<p>for the purpose of assisting any person to avoid prosecution for an offence to which this Part of this Act applies or the making or enforcement in his case of a confiscation order.</p>
</wrapUp>
</subsection>
<subsection eId="d4e5153">
<num>3</num>
<content>
<p>In subsections (1) and (2) 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.</p>
</content>
</subsection>
<subsection eId="d4e5159">
<num>4</num>
<intro>
<p>A person guilty of an offence under this section is liable—</p>
</intro>
<paragraph eId="d4e5165">
<num>a</num>
<content>
<p>on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both; or</p>
</content>
</paragraph>
<paragraph eId="d4e5171">
<num>b</num>
<content>
<p>on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or to both.</p>
</content>
</paragraph>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
<section eId="section-32">
<num>32</num>
<heading>Tipping-off</heading>
<content>
<p>
The following section shall be inserted in the
<noteRef href="#m00060" placement="inline" class="margin-note"/>
Criminal Justice Act 1988, after section 93C—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e5194">
<num>93D</num>
<heading>Tipping-off</heading>
<subsection eId="d4e5198">
<num>1</num>
<intro>
<p>A person is guilty of an offence if—</p>
</intro>
<paragraph eId="d4e5204">
<num>a</num>
<content>
<p>he knows or suspects that a constable is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted into money laundering; and</p>
</content>
</paragraph>
<paragraph eId="d4e5210">
<num>b</num>
<content>
<p>he discloses to any other person information or any other matter which is likely to prejudice that investigation, or proposed investigation.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e5216">
<num>2</num>
<intro>
<p>A person is guilty of an offence if—</p>
</intro>
<paragraph eId="d4e5222">
<num>a</num>
<content>
<p>he knows or suspects that a disclosure (“the disclosure”) has been made to a constable under section 93A or 93B above; and</p>
</content>
</paragraph>
<paragraph eId="d4e5228">
<num>b</num>
<content>
<p>he discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e5234">
<num>3</num>
<intro>
<p>A person is guilty of an offence if—</p>
</intro>
<paragraph eId="d4e5240">
<num>a</num>
<content>
<p>he knows or suspects that a disclosure of a kind mentioned in section 93A(5) or 93B(8) above (“the disclosure”) has been made; and</p>
</content>
</paragraph>
<paragraph eId="d4e5246">
<num>b</num>
<content>
<p>he discloses to any person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e5252">
<num>4</num>
<intro>
<p>Nothing in subsections (1) to (3) above makes it an offence for a professional legal adviser to disclose any information or other matter—</p>
</intro>
<paragraph eId="d4e5258">
<num>a</num>
<content>
<p>to, or to a representative of, a client of his in connection with the giving by the adviser of legal advice to the client; or</p>
</content>
</paragraph>
<paragraph eId="d4e5264">
<num>b</num>
<intro>
<p>to any person—</p>
</intro>
<subparagraph eId="d4e5270">
<num>i</num>
<content>
<p>in contemplation of, or in connection with, legal proceedings; and</p>
</content>
</subparagraph>
<subparagraph eId="d4e5276">
<num>ii</num>
<content>
<p>for the purpose of those proceedings.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="d4e5282">
<num>5</num>
<content>
<p>Subsection (4) above does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.</p>
</content>
</subsection>
<subsection eId="d4e5288">
<num>6</num>
<content>
<p>In proceedings against a person for an offence under subsection (1), (2) or (3) above, it is a defence to prove that he did not know or suspect that the disclosure was likely to be prejudicial in the way mentioned in that subsection.</p>
</content>
</subsection>
<subsection eId="d4e5294">
<num>7</num>
<content>
<p>In this section “money laundering” means doing any act which constitutes an offence under section 93A, 93B or 93C above or, in the case of an act done otherwise than in England and Wales or Scotland, would constitute such an offence if done in England and Wales or (as the case may be) Scotland.</p>
</content>
</subsection>
<subsection eId="d4e5300">
<num>8</num>
<content>
<p>For the purposes of subsection (7) above, having possession of any property shall be taken to be doing an act in relation to it.</p>
</content>
</subsection>
<subsection eId="d4e5306">
<num>9</num>
<intro>
<p>A person guilty of an offence under this section shall be liable—</p>
</intro>
<paragraph eId="d4e5312">
<num>a</num>
<content>
<p>on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both; or</p>
</content>
</paragraph>
<paragraph eId="d4e5318">
<num>b</num>
<content>
<p>on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or to both.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e5324">
<num>10</num>
<content>
<p>No constable or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to an offence to which this Part of this Act applies.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
<section eId="section-33">
<num>33</num>
<heading>Application to Scotland of sections 93A to 93D of 1988 Act</heading>
<content>
<p>
The following section shall be inserted in the
<noteRef href="#m00061" placement="inline" class="margin-note"/>
Criminal Justice Act 1988, after section 93D—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e5347">
<num>93E</num>
<heading>Application of sections 93A to 93D to Scotland</heading>
<content>
<p>In the application of sections 93A to 93D above to Scotland—</p>
<blockList class="unordered">
<item>
<p>“offence to which this Part of this Act applies” means an offence triable on indictment (whether or not such offence is also triable summarily) other than—</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>
an offence to which section 1 of the
<noteRef href="#m00062" placement="inline" class="margin-note"/>
Criminal Justice (Scotland) Act 1987 (confiscation of proceeds of drug trafficking) relates; or
</p>
</item>
<item>
<num>b</num>
<p>
an offence under Part III of the
<noteRef href="#m00063" placement="inline" class="margin-note"/>
Prevention of Terrorism (Temporary Provisions) Act 1989; and
</p>
</item>
</blockList>
</item>
<item>
<p>“proceeds of criminal conduct” does not include—</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>proceeds of drug trafficking (“drug trafficking” having the meaning assigned by section 1(6) of the said Act of 1987); or</p>
</item>
<item>
<num>b</num>
<p>terrorist funds within the meaning of section 11 of the said Act of 1989.</p>
</item>
</blockList>
</item>
</blockList>
</content>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
<section eId="section-34">
<num>34</num>
<heading>Enforcement of Northern Ireland orders: proceeds of criminal conduct</heading>
<subsection eId="section-34-1">
<num>1</num>
<content>
<p>
In section 94 of the
<noteRef href="#m00064" placement="inline" class="margin-note"/>
Criminal Justice Act 1988 (enforcement of Northern Ireland orders), in subsection (1), for “89” there shall be substituted “88” and the following subsection shall be inserted after subsection (3)—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e5402">
<num>3A</num>
<content>
<p>
An Order in Council under this section may, in particular, provide for section 18 of the
<noteRef href="#m00065" placement="inline" class="margin-note"/>
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.
</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-34-2">
<num>2</num>
<content>
<p>In section 95 of the Act of 1988 (enforcement of Northern Ireland orders in Scotland), the following subsection shall be inserted after subsection (2)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e5419">
<num>2A</num>
<content>
<p>An Order in Council under this section may, in particular, provide for section 18 of the 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.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
<section eId="section-35">
<num>35</num>
<heading>Prosecution by order of the Commissioners of Customs and Excise</heading>
<content>
<p>The following section shall be inserted in the Criminal Justice Act 1988, after section 93E—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e5440">
<num>93F</num>
<heading>Prosecution by order of the Commissioners of Customs and Excise</heading>
<subsection eId="d4e5444">
<num>1</num>
<content>
<p>Proceedings for an offence to which this section applies (“a specified offence”) may be instituted by order of the Commissioners.</p>
</content>
</subsection>
<subsection eId="d4e5450">
<num>2</num>
<content>
<p>Any proceedings for a specified offence which are so instituted shall be commenced in the name of an officer.</p>
</content>
</subsection>
<subsection eId="d4e5456">
<num>3</num>
<content>
<p>In the case of the death, removal, discharge or absence of the officer in whose name any proceedings for a specified offence were commenced, those proceedings may be continued by another officer.</p>
</content>
</subsection>
<subsection eId="d4e5462">
<num>4</num>
<intro>
<p>Where the Commissioners investigate, or propose to investigate, any matter with a view to determining—</p>
</intro>
<paragraph eId="d4e5468">
<num>a</num>
<content>
<p>whether there are grounds for believing that a specified offence has been committed; or</p>
</content>
</paragraph>
<paragraph eId="d4e5474">
<num>b</num>
<content>
<p>whether a person should be prosecuted for a specified offence;</p>
</content>
</paragraph>
<wrapUp>
<p>
that matter shall be treated as an assigned matter within the meaning of the
<noteRef href="#m00066" placement="inline" class="margin-note"/>
Customs and Excise Management Act 1979.
</p>
</wrapUp>
</subsection>
<subsection eId="d4e5484">
<num>5</num>
<intro>
<p>Nothing in this section shall be taken—</p>
</intro>
<paragraph eId="d4e5490">
<num>a</num>
<content>
<p>to prevent any person (including any officer) who has power to arrest, detain or prosecute any person for a specified offence from doing so; or</p>
</content>
</paragraph>
<paragraph eId="d4e5496">
<num>b</num>
<content>
<p>to prevent a court from proceeding to deal with a person brought before it following his arrest by an officer for a specified offence, even though the proceedings have not been instituted by an order made under subsection (1) above.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e5502">
<num>6</num>
<content>
<p>In this section—</p>
<blockList class="unordered">
<item>
<p>“the Commissioners” means the Commissioners of Customs and Excise;</p>
</item>
<item>
<p>“officer” means a person commissioned by the Commissioners;</p>
</item>
<item>
<p>“proceedings”, as respects Scotland, means summary proceedings; and</p>
</item>
<item>
<p>“specified offence” means—</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>any offence under sections 93A to 93D above;</p>
</item>
<item>
<num>b</num>
<p>attempting to commit, conspiracy to commit or incitement to commit any such offence; or</p>
</item>
<item>
<num>c</num>
<p>any other offence of a kind prescribed in regulations made by the Secretary of State for the purposes of this section.</p>
</item>
</blockList>
</item>
</blockList>
</content>
</subsection>
<subsection eId="d4e5538">
<num>7</num>
<content>
<p>The power to make regulations under subsection (6) above shall be exercisable by statutory instrument.</p>
</content>
</subsection>
<subsection eId="d4e5544">
<num>8</num>
<content>
<p>Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
</hcontainer>
</part>
<part eId="part-IV">
<num>PART IV</num>
<heading>FINANCING ETC. OF TERRORISM</heading>
<hcontainer name="crossheading" eId="part-IV-crossheading-amendments-of-the-1991-act">
<heading>Amendments of the 1991 Act</heading>
<section eId="section-36">
<num>36</num>
<heading>Confiscation orders</heading>
<subsection eId="section-36-1">
<num>1</num>
<content>
<p>
In section 47(7) of the
<noteRef href="#m00067" placement="inline" class="margin-note"/>
Northern Ireland (Emergency Provisions) Act 1991 (confiscation orders), for “the amount that might then be so realised” there shall be substituted
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<p class="run-on"></p>
<paragraph eId="d4e5578">
<num>a</num>
<content>
<p>the amount that might then be so realised, or</p>
</content>
</paragraph>
<paragraph eId="d4e5584">
<num>b</num>
<content>
<p>a nominal amount, where it appears to the court (on the information available to it at the time) that the amount that might then be so realised is nil</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-36-2">
<num>2</num>
<content>
<p>In section 47 of the Act of 1991, the following subsection shall be added at the end—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e5599">
<num>9</num>
<intro>
<p>The standard of proof required to determine any question arising under this Part of this Act as to—</p>
</intro>
<paragraph eId="d4e5605">
<num>a</num>
<content>
<p>whether a person has benefited from terrorist-related activities engaged in by him or another;</p>
</content>
</paragraph>
<paragraph eId="d4e5611">
<num>b</num>
<content>
<p>the value of his proceeds of those activities;</p>
</content>
</paragraph>
<paragraph eId="d4e5617">
<num>c</num>
<content>
<p>any matter of which the court must be satisfied under subsection (5) above; or</p>
</content>
</paragraph>
<paragraph eId="d4e5623">
<num>d</num>
<content>
<p>the amount to be required to be paid under a confiscation order made in his case,</p>
</content>
</paragraph>
<wrapUp>
<p>shall be that applicable in civil proceedings.</p>
</wrapUp>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-36-3">
<num>3</num>
<content>
<p>Section 48 of that Act (postponed confiscation orders etc.) shall be amended as follows.</p>
</content>
</subsection>
<subsection eId="section-36-4">
<num>4</num>
<content>
<p>In subsection (2), for “a period not exceeding six months after the date of conviction” there shall be substituted “such period as it may specify”.</p>
</content>
</subsection>
<subsection eId="section-36-5">
<num>5</num>
<content>
<p>After subsection (2) there shall be inserted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e5652">
<num>2A</num>
<content>
<p>More than one postponement may be made under subsection (2) above in relation to the same case.</p>
</content>
</subsection>
<subsection eId="d4e5658">
<num>2B</num>
<intro>
<p>Unless it is satisfied that there are exceptional circumstances, the court shall not specify a period under subsection (2) above which—</p>
</intro>
<paragraph eId="d4e5664">
<num>a</num>
<content>
<p>by itself, or</p>
</content>
</paragraph>
<paragraph eId="d4e5670">
<num>b</num>
<content>
<p>where there have been one or more previous postponements under subsection (2) above or (3) below, when taken together with the earlier specified period or periods,</p>
</content>
</paragraph>
<wrapUp>
<p>exceeds six months beginning with the date on which the defendant was convicted.</p>
</wrapUp>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-36-6">
<num>6</num>
<content>
<p>In subsection (3) the words “during the period of postponement” shall cease to have effect and for the words from “on the application of the prosecution” to the end there shall be substituted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<p class="run-on">on that account—</p>
<paragraph eId="d4e5689">
<num>a</num>
<content>
<p>postpone making the confiscation order for such period as it may specify, or</p>
</content>
</paragraph>
<paragraph eId="d4e5695">
<num>b</num>
<content>
<p>where it has already exercised its powers under this section to postpone, extend the specified period;</p>
</content>
</paragraph>
<p>
but, without prejudice to Article 11 of the
<noteRef href="#m00068" placement="inline" class="margin-note"/>
Treatment of Offenders (Northern Ireland) Order 1989, the court may notwithstanding any postponement under this section proceed to sentence or otherwise deal with the defendant in respect of the conviction.
</p>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-36-7">
<num>7</num>
<content>
<p>After subsection (3) there shall be inserted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e5714">
<num>3A</num>
<intro>
<p>A postponement or extension under subsection (2) or (3) above may be made—</p>
</intro>
<paragraph eId="d4e5720">
<num>a</num>
<content>
<p>on application by the defendant or the prosecution, or</p>
</content>
</paragraph>
<paragraph eId="d4e5726">
<num>b</num>
<content>
<p>by the court of its own motion.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e5732">
<num>3B</num>
<content>
<p>Unless the court is satisfied that there are exceptional circumstances, any postponement or extension under subsection (3) above shall not exceed the period ending three months after the date of determination of the appeal.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
<section eId="section-37">
<num>37</num>
<heading>Revised assessments</heading>
<content>
<p>
The following sections shall be inserted in the
<noteRef href="#m00069" placement="inline" class="margin-note"/>
Northern Ireland (Emergency Provisions) Act 1991, after section 48—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e5755">
<num>48A</num>
<heading>Re-assessment of whether defendant has benefited</heading>
<subsection eId="d4e5759">
<num>1</num>
<intro>
<p>This section applies where—</p>
</intro>
<paragraph eId="d4e5765">
<num>a</num>
<content>
<p>a court proceeding under section 47(1) above decided not to make a confiscation order (“the decision”); and</p>
</content>
</paragraph>
<paragraph eId="d4e5771">
<num>b</num>
<content>
<p>the statement made by the court under section 48(8) above was to the effect that the reason, or one of the reasons, for the decision was that the court was not satisfied that the defendant had benefited.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e5777">
<num>2</num>
<intro>
<p>If the prosecution has evidence—</p>
</intro>
<paragraph eId="d4e5783">
<num>a</num>
<content>
<p>which was not considered by the court, but</p>
</content>
</paragraph>
<paragraph eId="d4e5789">
<num>b</num>
<content>
<p>which the prosecution believes would have led the court to decide that the defendant had benefited,</p>
</content>
</paragraph>
<wrapUp>
<p>the prosecution may apply to the Crown Court for it to consider that evidence.</p>
</wrapUp>
</subsection>
<subsection eId="d4e5797">
<num>3</num>
<content>
<p>If, having considered the evidence, the court considers that it would have been satisfied that the defendant had benefited if that evidence had been available to it, section 47 shall apply as if the court were convicting the defendant.</p>
</content>
</subsection>
<subsection eId="d4e5803">
<num>4</num>
<content>
<p>The court may take into account any money or other property obtained by the defendant on or after the date of the decision, but only if the prosecution shows that it was obtained by him as a direct or indirect result of terrorist-related activities carried on by the defendant or another on or before that date.</p>
</content>
</subsection>
<subsection eId="d4e5809">
<num>5</num>
<content>
<p>In considering any evidence under this section which relates to any money or other property to which subsection (4) above applies, the court shall not make the assumptions which would otherwise be required by section 51 below.</p>
</content>
</subsection>
<subsection eId="d4e5815">
<num>6</num>
<content>
<p>No application shall be entertained by the court under this section if it is made after the end of the period of six years beginning with the date on which the defendant was convicted.</p>
</content>
</subsection>
<subsection eId="d4e5821">
<num>7</num>
<content>
<p>Subsections (1) to (7) of section 48 above shall not apply where the court is proceeding under section 47 above by virtue of this section.</p>
</content>
</subsection>
<subsection eId="d4e5827">
<num>8</num>
<intro>
<p>Where the court—</p>
</intro>
<paragraph eId="d4e5833">
<num>a</num>
<content>
<p>has, in dealing with the defendant in respect of the conviction or any of the convictions concerned, made an order for the payment of compensation under Article 3 of the Order of 1980, and</p>
</content>
</paragraph>
<paragraph eId="d4e5839">
<num>b</num>
<content>
<p>makes a confiscation order by virtue of this section,</p>
</content>
</paragraph>
<wrapUp>
<p>it shall, if it is of the opinion that the defendant will not have sufficient means to satisfy both orders in full, direct that so much of the compensation as will not in its opinion be recoverable because of the insufficiency of his means is to be paid out of any sums recovered under the confiscation order.</p>
</wrapUp>
</subsection>
<subsection eId="d4e5847">
<num>9</num>
<content>
<p>Where the prosecution makes an application to the court under this section it shall, on making the application, give the court a statement under section 52 below.</p>
</content>
</subsection>
<subsection eId="d4e5853">
<num>10</num>
<intro>
<p>Where the High Court—</p>
</intro>
<paragraph eId="d4e5859">
<num>a</num>
<content>
<p>has been asked to proceed under section 52B below in relation to a defendant who has absconded, but</p>
</content>
</paragraph>
<paragraph eId="d4e5865">
<num>b</num>
<content>
<p>has decided not to make a confiscation order against him,</p>
</content>
</paragraph>
<wrapUp>
<p>this section shall not apply at any time while he remains an absconder.</p>
</wrapUp>
</subsection>
<subsection eId="d4e5873">
<num>11</num>
<content>
<p>In this section “benefited” means benefited from terrorist-related activities as mentioned in section 47(1) above.</p>
</content>
</subsection>
</section>
<section eId="d4e5882">
<num>48B</num>
<heading>Revised assessments</heading>
<subsection eId="d4e5886">
<num>1</num>
<content>
<p>This section applies where the court has made a confiscation order by reference to an amount assessed under section 47(1) above (“the current assessment”).</p>
</content>
</subsection>
<subsection eId="d4e5892">
<num>2</num>
<content>
<p>Where the prosecution is of the opinion that the real value of the defendant’s proceeds of terrorist-related activities was greater than their assessed value, the prosecution may apply to the Crown Court for the evidence on which it has formed that opinion to be considered by the court.</p>
</content>
</subsection>
<subsection eId="d4e5898">
<num>3</num>
<content>
<p>In subsection (2) above—</p>
<blockList class="unordered">
<item>
<p>“assessed value” means the value of the defendant’s proceeds of terrorist-related activities as assessed by the court under section 47(1) above; and</p>
</item>
<item>
<p>“real value” means the value of the defendant’s proceeds of terrorist-related activities which took place—</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>in the period by reference to which the current assessment was made; or</p>
</item>
<item>
<num>b</num>
<p>in any earlier period.</p>
</item>
</blockList>
</item>
</blockList>
</content>
</subsection>
<subsection eId="d4e5922">
<num>4</num>
<content>
<p>If, having considered the evidence, the court is satisfied that the real value of the defendant’s proceeds of terrorist-related activities is greater than their assessed value (whether because the real value was higher at the time of the current assessment than was thought or because the value of the proceeds in question has subsequently increased), the court shall make a fresh determination of the amount to be required to be paid under section 47 above.</p>
</content>
</subsection>
<subsection eId="d4e5928">
<num>5</num>
<content>
<p>In relation to any determination by virtue of this section, section 47(7) above shall have effect as it has effect in relation to the making of a confiscation order.</p>
</content>
</subsection>
<subsection eId="d4e5934">
<num>6</num>
<content>
<p>For any determination by virtue of this section, section 47(8) above shall not apply in relation to any of the defendant’s proceeds of terrorist-related activities taken into account in respect of the current assessment.</p>
</content>
</subsection>
<subsection eId="d4e5940">
<num>7</num>
<content>
<p>Sections 50(4) and 52(4)(a) and (7) below shall have effect in relation to any such determination as if for “confiscation order” there were substituted “determination” and section 50(3) below shall so have effect as if for “a confiscation order is made” there were substituted “of the determination”.</p>
</content>
</subsection>
<subsection eId="d4e5946">
<num>8</num>
<content>
<p>The court may take into account any money or other property obtained by the defendant on or after the date of the current assessment, but only if the prosecution shows that it was obtained by him as a direct or indirect result of terrorist-related activities carried on by the defendant or another on or before that date.</p>
</content>
</subsection>
<subsection eId="d4e5952">
<num>9</num>
<content>
<p>In considering any evidence under this section which relates to any money or other property to which subsection (8) above applies, the court shall not make the assumptions which would otherwise be required by section 51 below.</p>
</content>
</subsection>
<subsection eId="d4e5958">
<num>10</num>
<content>
<p>If, as a result of making the determination required by subsection (4) above, the amount to be required to be paid exceeds the amount set in accordance with the current assessment, the court may substitute for the amount required to be paid under the confiscation order such greater amount as it thinks just in all the circumstances of the case.</p>
</content>
</subsection>
<subsection eId="d4e5964">
<num>11</num>
<content>
<p>
Where the court varies a confiscation order under subsection (10) above it shall substitute for the term of imprisonment or of detention fixed under section 35(1)(c) of the
<noteRef href="#m00070" placement="inline" class="margin-note"/>
Criminal Justice Act (Northern Ireland) 1945 in respect of the amount required to be paid under the order a longer term determined in accordance with that section (as it has effect by virtue of paragraph 2 of Schedule 4 to this Act) in respect of the greater amount substituted under subsection (10) above.
</p>
</content>
</subsection>
<subsection eId="d4e5973">
<num>12</num>
<content>
<p>Subsection (11) above shall apply only if the effect of the substitution is to increase the maximum period applicable in relation to the order under paragraph 2(1)(b) of Schedule 4 to this Act.</p>
</content>
</subsection>
<subsection eId="d4e5979">
<num>13</num>
<intro>
<p>Where the prosecution makes an application to the court under this section—</p>
</intro>
<paragraph eId="d4e5985">
<num>a</num>
<content>
<p>it shall, on making the application, give the court a statement under section 52 below; and</p>
</content>
</paragraph>
<paragraph eId="d4e5991">
<num>b</num>
<content>
<p>section 52A shall apply.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e5997">
<num>14</num>
<content>
<p>Where a confiscation order has been made in relation to any defendant by virtue of section 52B below, this section shall not apply at any time while he is an absconder.</p>
</content>
</subsection>
<subsection eId="d4e6003">
<num>15</num>
<content>
<p>No application shall be entertained by the court under this section if it is made after the end of the period of six years beginning with the date on which the defendant was convicted.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
<section eId="section-38">
<num>38</num>
<heading>Statements, etc. relevant to making confiscation orders</heading>
<subsection eId="section-38-1">
<num>1</num>
<content>
<p>
Section 52 of the
<noteRef href="#m00071" placement="inline" class="margin-note"/>
Northern Ireland (Emergency Provisions) Act 1991 shall be amended as follows.
</p>
</content>
</subsection>
<subsection eId="section-38-2">
<num>2</num>
<content>
<p>The following subsections shall be substituted for subsection (1)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e6033">
<num>1</num>
<intro>
<p>In this section, except in subsection (4) below, “a statement” means a statement in the case of a defendant as to any matters relevant—</p>
</intro>
<paragraph eId="d4e6039">
<num>a</num>
<content>
<p>to determining whether he has benefited from terrorist-related activities,</p>
</content>
</paragraph>
<paragraph eId="d4e6045">
<num>b</num>
<content>
<p>to assessing the value of his proceeds of those activities, or</p>
</content>
</paragraph>
<paragraph eId="d4e6051">
<num>c</num>
<content>
<p>to determining whether the requirements of section 47(5) above are satisfied.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e6057">
<num>1A</num>
<intro>
<p>Where section 47(1) above applies—</p>
</intro>
<paragraph eId="d4e6063">
<num>a</num>
<content>
<p>the court may require the prosecution to give it a statement within such period as it may direct; and</p>
</content>
</paragraph>
<paragraph eId="d4e6069">
<num>b</num>
<content>
<p>the prosecution may at any time give a statement to the court.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e6075">
<num>1B</num>
<intro>
<p>Where the prosecution has given the court a statement—</p>
</intro>
<paragraph eId="d4e6081">
<num>a</num>
<content>
<p>it may at any time give the court a further statement; and</p>
</content>
</paragraph>
<paragraph eId="d4e6087">
<num>b</num>
<content>
<p>the court may at any time require it to give the court a further statement, within such period as the court may direct.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e6093">
<num>1C</num>
<intro>
<p>Where—</p>
</intro>
<paragraph eId="d4e6099">
<num>a</num>
<content>
<p>a statement has been given to the court under this section, and</p>
</content>
</paragraph>
<paragraph eId="d4e6105">
<num>b</num>
<content>
<p>the defendant accepts to any extent any allegation in the statement,</p>
</content>
</paragraph>
<wrapUp>
<p>the court may treat his acceptance as conclusive of the matters to which it relates.</p>
</wrapUp>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-38-3">
<num>3</num>
<intro>
<p>In subsection (2)—</p>
</intro>
<paragraph eId="section-38-3-a">
<num>a</num>
<content>
<p>for “is tendered under subsection (1)(a) above” there shall be substituted “is given under this section”; and</p>
</content>
</paragraph>
<paragraph eId="section-38-3-b">
<num>b</num>
<content>
<p>after first “indicate” there shall be inserted “within such period as the court may direct”.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-38-4">
<num>4</num>
<content>
<p>The following subsection shall be inserted after subsection (2)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e6140">
<num>2A</num>
<content>
<p>Where the court has given a direction under this section it may at any time vary it by giving a further direction.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-38-5">
<num>5</num>
<content>
<p>In subsection (4), for “tendered” there shall be substituted “given”.</p>
</content>
</subsection>
<subsection eId="section-38-6">
<num>6</num>
<content>
<p>In subsection (5), for the words from “either” to the end there shall be substituted “in such manner as may be prescribed by rules of court or as the court may direct”.</p>
</content>
</subsection>
</section>
<section eId="section-39">
<num>39</num>
<heading>Provision of information</heading>
<content>
<p>
The following section shall be inserted in the
<noteRef href="#m00072" placement="inline" class="margin-note"/>
Northern Ireland (Emergency Provisions) Act 1991, after section 52—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e6175">
<num>52A</num>
<heading>Provision of information by defendant</heading>
<subsection eId="d4e6179">
<num>1</num>
<content>
<p>This section applies where the Crown Court is proceeding under section 47(1) above.</p>
</content>
</subsection>
<subsection eId="d4e6185">
<num>2</num>
<content>
<p>For the purpose of obtaining information to assist it in carrying out its functions, the court may at any time order the defendant to give it such information as may be specified in the order.</p>
</content>
</subsection>
<subsection eId="d4e6191">
<num>3</num>
<content>
<p>An order under subsection (2) above may require all, or any specified part, of the required information to be given to the court in such manner, and before such date, as may be specified in the order.</p>
</content>
</subsection>
<subsection eId="d4e6197">
<num>4</num>
<content>
<p>Rules of court may make provision as to the maximum or minimum period that may be allowed under subsection (3) above.</p>
</content>
</subsection>
<subsection eId="d4e6203">
<num>5</num>
<content>
<p>If the defendant fails, without reasonable excuse, to comply with any order under this section, the court may draw such inference from that failure as it considers appropriate.</p>
</content>
</subsection>
<subsection eId="d4e6209">
<num>6</num>
<content>
<p>Where the prosecution accepts to any extent any allegation made by the defendant in giving to the court information required by an order under this section, the court may treat that acceptance as conclusive of the matters to which it relates.</p>
</content>
</subsection>
<subsection eId="d4e6215">
<num>7</num>
<content>
<p>For the purposes of this section, an allegation may be accepted in such manner as may be prescribed by rules of court or as the court may direct.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
<section eId="section-40">
<num>40</num>
<heading>Variation of confiscation orders</heading>
<subsection eId="section-40-1">
<num>1</num>
<content>
<p>Paragraph 15 (variation of confiscation orders) of Schedule 4 to the Northern Ireland (Emergency Provisions) Act 1991 shall be amended as follows.</p>
</content>
</subsection>
<subsection eId="section-40-2">
<num>2</num>
<content>
<p>In sub-paragraph (1), after “defendant” there shall be inserted “or a receiver appointed under this Schedule, or in pursuance of a charging order, made”.</p>
</content>
</subsection>
<subsection eId="section-40-3">
<num>3</num>
<content>
<p>In sub-paragraph (3), for “defendant” there shall be substituted “person who applied for it”.</p>
</content>
</subsection>
<subsection eId="section-40-4">
<num>4</num>
<content>
<p>The following shall be added at the end—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule default" startQuote="" endQuote="">
<subparagraph eId="d4e6255">
<num>5</num>
<intro>
<p>Rules of court may make provision—</p>
</intro>
<paragraph eId="d4e6261">
<num>a</num>
<content>
<p>for the giving of notice of any application under this paragraph; and</p>
</content>
</paragraph>
<paragraph eId="d4e6267">
<num>b</num>
<content>
<p>for any person appearing to the court to be likely to be affected by any exercise of its powers under this paragraph to be given an opportunity to make representations to the court.</p>
</content>
</paragraph>
</subparagraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
<section eId="section-41">
<num>41</num>
<heading>Availability of powers and satisfaction of orders</heading>
<subsection eId="section-41-1">
<num>1</num>
<content>
<p>
Schedule 4 to the
<noteRef href="#m00073" placement="inline" class="margin-note"/>
Northern Ireland (Emergency Provisions) Act 1991 (supplementary provisions about confiscation orders) shall be amended as follows.
</p>
</content>
</subsection>
<subsection eId="section-41-2">
<num>2</num>
<content>
<p>In paragraph 2 (application of procedure for enforcing fines), the following shall be added at the end—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule default" startQuote="" endQuote="">
<subparagraph eId="d4e6297">
<num>6</num>
<content>
<p>Where the defendant serves a term of imprisonment or detention in default of paying any amount due under a confiscation order, his serving that term does not prevent the confiscation order from continuing to have effect, so far as any other method of enforcement is concerned.</p>
</content>
</subparagraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-41-3">
<num>3</num>
<content>
<p>In paragraph 4 (cases in which restraint orders and charging orders may be made), the following sub-paragraphs shall be substituted for sub-paragraphs (1) and (2)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule default" startQuote="" endQuote="">
<subparagraph eId="d4e6312">
<num>1</num>
<intro>
<p>The powers conferred on the High Court by paragraphs 5(1) and 6(1) below are exercisable where—</p>
</intro>
<paragraph eId="d4e6318">
<num>a</num>
<content>
<p>proceedings have been instituted in Northern Ireland against the defendant for a relevant offence or an application has been made by the prosecution in respect of the defendant under section 48A, 48B or 52B of this Act or paragraph 11 below,</p>
</content>
</paragraph>
<paragraph eId="d4e6324">
<num>b</num>
<content>
<p>the proceedings have not, or the application has not, been concluded, and</p>
</content>
</paragraph>
<paragraph eId="d4e6330">
<num>c</num>
<intro>
<p>the court is satisfied that there is reasonable cause to believe—</p>
</intro>
<subparagraph eId="d4e6336">
<num>i</num>
<content>
<p>in the case of an application under section 48B of this Act or paragraph 11 below, that the court will be satisfied as mentioned in section 48B(4) of this Act or, as the case may be, paragraph 11(1)(b) below, or</p>
</content>
</subparagraph>
<subparagraph eId="d4e6342">
<num>ii</num>
<content>
<p>in any other case, that the defendant has benefited from terrorist-related activities.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="d4e6348">
<num>2</num>
<intro>
<p>Those powers are also exercisable where—</p>
</intro>
<paragraph eId="d4e6354">
<num>a</num>
<content>
<p>the High Court is satisfied that, whether by the making of a complaint or otherwise, a person is to be charged with a relevant offence or that an application of a kind mentioned in sub-paragraph (1)(a) above is to be made in respect of the defendant, and</p>
</content>
</paragraph>
<paragraph eId="d4e6360">
<num>b</num>
<intro>
<p>it appears to the court that there is reasonable cause to believe—</p>
</intro>
<subparagraph eId="d4e6366">
<num>i</num>
<content>
<p>in the case of a proposed application under section 48B of this Act or paragraph 11 below, that the court will be satisfied as mentioned in section 48B(4) of this Act or, as the case may be, paragraph 11(1)(b) below, or</p>
</content>
</subparagraph>
<subparagraph eId="d4e6372">
<num>ii</num>
<content>
<p>in any other case, that the defendant has benefited from terrorist-related activities.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-41-4">
<num>4</num>
<content>
<p>The following sub-paragraphs shall be added at the end of paragraph 4—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule default" startQuote="" endQuote="">
<subparagraph eId="d4e6387">
<num>5</num>
<content>
<p>Where the court has made an order under paragraph 5(1) or 6(1) below in relation to a proposed application, by virtue of sub-paragraph (2) above, the court shall discharge the order if the application is not made within such time as the court considers reasonable.</p>
</content>
</subparagraph>
<subparagraph eId="d4e6393">
<num>6</num>
<intro>
<p>The court shall not exercise powers under paragraph 5(1) or 6(1) below, by virtue of sub-paragraph (1) above, if it is satisfied that—</p>
</intro>
<paragraph eId="d4e6399">
<num>a</num>
<content>
<p>there has been undue delay in continuing the proceedings or application in question; or</p>
</content>
</paragraph>
<paragraph eId="d4e6405">
<num>b</num>
<content>
<p>the prosecution does not intend to proceed.</p>
</content>
</paragraph>
</subparagraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-41-5">
<num>5</num>
<content>
<p>In paragraph 5 (restraint orders), the following sub-paragraph shall be substituted for sub-paragraph (6)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule default" startQuote="" endQuote="">
<subparagraph eId="d4e6420">
<num>6</num>
<intro>
<p>A restraint order—</p>
</intro>
<paragraph eId="d4e6426">
<num>a</num>
<content>
<p>may be discharged or varied in relation to any property, and</p>
</content>
</paragraph>
<paragraph eId="d4e6432">
<num>b</num>
<content>
<p>shall be discharged on the conclusion of the proceedings or of the application in question.</p>
</content>
</paragraph>
</subparagraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-41-6">
<num>6</num>
<content>
<p>In paragraph 6 (charging orders), the following sub-paragraph shall be substituted for sub-paragraph (6)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule default" startQuote="" endQuote="">
<subparagraph eId="d4e6447">
<num>6</num>
<intro>
<p>In relation to a charging order the court—</p>
</intro>
<paragraph eId="d4e6453">
<num>a</num>
<content>
<p>may make an order discharging or varying it, and</p>
</content>
</paragraph>
<paragraph eId="d4e6459">
<num>b</num>
<intro>
<p>shall make an order discharging it—</p>
</intro>
<subparagraph eId="d4e6465">
<num>i</num>
<content>
<p>on the conclusion of the proceedings or of the application in question, or</p>
</content>
</subparagraph>
<subparagraph eId="d4e6471">
<num>ii</num>
<content>
<p>on payment into court of the amount payment of which is secured by the charge.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-41-7">
<num>7</num>
<content>
<p>In paragraph 10 (realisation of property), the following sub-paragraph shall be substituted for sub-paragraph (1)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule default" startQuote="" endQuote="">
<subparagraph eId="d4e6486">
<num>1</num>
<intro>
<p>Where a confiscation order—</p>
</intro>
<paragraph eId="d4e6492">
<num>a</num>
<content>
<p>has been made under this Act,</p>
</content>
</paragraph>
<paragraph eId="d4e6498">
<num>b</num>
<content>
<p>is not satisfied, and</p>
</content>
</paragraph>
<paragraph eId="d4e6504">
<num>c</num>
<content>
<p>is not subject to appeal,</p>
</content>
</paragraph>
<wrapUp>
<p>the High Court may, on an application by the prosecution, exercise the powers conferred by sub-paragraphs (2) to (6) below.</p>
</wrapUp>
</subparagraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-41-8">
<num>8</num>
<content>
<p>In paragraph 16 (bankruptcy of defendant), the following shall be substituted for paragraphs (a) and (b) of sub-paragraph (6)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule default" startQuote="" endQuote="">
<paragraph eId="d4e6521">
<num>a</num>
<intro>
<p>no order shall be made under Article 312 or 367 of the said Order of 1989 (avoidance of certain transactions) in respect of the making of the gift at any time when—</p>
</intro>
<subparagraph eId="d4e6527">
<num>i</num>
<content>
<p>proceedings for a relevant offence have been instituted against him and have not been concluded;</p>
</content>
</subparagraph>
<subparagraph eId="d4e6533">
<num>ii</num>
<content>
<p>an application has been made in respect of the defendant under section 48A, 48B or 52B of this Act or paragraph 11 below and has not been concluded; or</p>
</content>
</subparagraph>
<subparagraph eId="d4e6539">
<num>iii</num>
<content>
<p>property of the person to whom the gift was made is subject to a restraint order or charging order; and</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="d4e6545">
<num>b</num>
<content>
<p>any order made under either of those Articles after the conclusion of the proceedings or of the application shall take into account any realisation under this Schedule of property held by the person to whom the gift was made.</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-41-9">
<num>9</num>
<content>
<p>In paragraph 1 (interpretation), the following sub-paragraphs shall be substituted for sub-paragraph (3)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule default" startQuote="" endQuote="">
<subparagraph eId="d4e6560">
<num>3</num>
<intro>
<p>Proceedings for a relevant offence are concluded—</p>
</intro>
<paragraph eId="d4e6566">
<num>a</num>
<content>
<p>when the defendant is acquitted;</p>
</content>
</paragraph>
<paragraph eId="d4e6572">
<num>b</num>
<content>
<p>if he is convicted, but the court decides not to make a confiscation order against him, when it makes that decision; or</p>
</content>
</paragraph>
<paragraph eId="d4e6578">
<num>c</num>
<content>
<p>if a confiscation order is made against him in those proceedings, when the order is satisfied.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="d4e6584">
<num>3A</num>
<intro>
<p>An application under section 48A or 52B of this Act is concluded—</p>
</intro>
<paragraph eId="d4e6590">
<num>a</num>
<content>
<p>if the court decides not to make a confiscation order against the defendant, when it makes that decision; or</p>
</content>
</paragraph>
<paragraph eId="d4e6596">
<num>b</num>
<content>
<p>if a confiscation order is made against him as a result of that application, when the order is satisfied.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="d4e6602">
<num>3B</num>
<intro>
<p>An application under section 48B of this Act or paragraph 11 below is concluded—</p>
</intro>
<paragraph eId="d4e6608">
<num>a</num>
<content>
<p>if the court decides not to vary the confiscation order in question, when it makes that decision; or</p>
</content>
</paragraph>
<paragraph eId="d4e6614">
<num>b</num>
<content>
<p>if the court varies the confiscation order as a result of the application, when the order is satisfied.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="d4e6620">
<num>3C</num>
<content>
<p>For the purposes of this Schedule, a confiscation order is satisfied when no amount is due under it.</p>
</content>
</subparagraph>
<subparagraph eId="d4e6626">
<num>3D</num>
<content>
<p>For the purposes of paragraph 16 below, a confiscation order is also satisfied when the defendant in respect of whom it was made has served a term of imprisonment or detention in default of payment of the amount due under the order.</p>
</content>
</subparagraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
<section eId="section-42">
<num>42</num>
<heading>Defendant who has died or absconded</heading>
<content>
<p>
The following section shall be inserted in the
<noteRef href="#m00074" placement="inline" class="margin-note"/>
Northern Ireland (Emergency Provisions) Act 1991, after section 52A—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e6649">
<num>52B</num>
<heading>Powers of High Court where defendant has died or absconded</heading>
<subsection eId="d4e6653">
<num>1</num>
<content>
<p>Subsection (2) below applies where a person has been convicted of a relevant offence.</p>
</content>
</subsection>
<subsection eId="d4e6659">
<num>2</num>
<content>
<p>If the prosecution asks it to proceed under this section, the High Court may exercise the powers of the Crown Court under this Act to make a confiscation order against the defendant if satisfied that the defendant has died or absconded.</p>
</content>
</subsection>
<subsection eId="d4e6665">
<num>3</num>
<content>
<p>Subsection (4) below applies where proceedings have been instituted against the defendant for one or more relevant offences but have not been concluded.</p>
</content>
</subsection>
<subsection eId="d4e6671">
<num>4</num>
<content>
<p>If the prosecution asks it to proceed under this section, the High Court, if satisfied that the defendant has absconded, may exercise the powers of the Crown Court under this Act to make a confiscation order against the defendant as if the defendant had been convicted of the relevant offence or each of the relevant offences for which the proceedings had been instituted.</p>
</content>
</subsection>
<subsection eId="d4e6677">
<num>5</num>
<content>
<p>The power conferred by subsection (4) above may not be exercised at any time before the end of the period of two years beginning with the date which is, in the opinion of the court, the date on which the defendant absconded.</p>
</content>
</subsection>
<subsection eId="d4e6683">
<num>6</num>
<content>
<p>Where the prosecution makes an application to the court under this section it shall, on making the application, give the court a statement under section 52 above.</p>
</content>
</subsection>
<subsection eId="d4e6689">
<num>7</num>
<intro>
<p>In any proceedings on an application under this section—</p>
</intro>
<paragraph eId="d4e6695">
<num>a</num>
<content>
<p>sections 51, 52(1C), (2) and (3) and 52A above shall not apply,</p>
</content>
</paragraph>
<paragraph eId="d4e6701">
<num>b</num>
<content>
<p>the court shall not make a confiscation order against a person who has absconded unless it is satisfied that the prosecution has taken reasonable steps to contact him, and</p>
</content>
</paragraph>
<paragraph eId="d4e6707">
<num>c</num>
<content>
<p>any person appearing to the court to be likely to be affected by the making of a confiscation order by the court shall be entitled to appear before the court and make representations.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e6713">
<num>8</num>
<intro>
<p>Where the High Court has made a confiscation order by virtue of this section, in a case where the defendant has been or is subsequently convicted of one or more of the offences concerned, sections 47 and 48(1) to (5) and (7) above shall not apply in respect of his conviction of that offence or those offences; but any court dealing with him in respect of that conviction or any of those convictions—</p>
</intro>
<paragraph eId="d4e6719">
<num>a</num>
<intro>
<p>shall take account of the order before—</p>
</intro>
<subparagraph eId="d4e6725">
<num>i</num>
<content>
<p>imposing any fine on him; or</p>
</content>
</subparagraph>
<subparagraph eId="d4e6731">
<num>ii</num>
<content>
<p>
making any order involving any payment by him, other than an order under Article 3 of the
<noteRef href="#m00075" placement="inline" class="margin-note"/>
Criminal Justice (Northern Ireland) Order 1980 (compensation orders); or
</p>
</content>
</subparagraph>
<subparagraph eId="d4e6739">
<num>iii</num>
<content>
<p>making any order under Article 7 of that Order (deprivation orders),</p>
</content>
</subparagraph>
<wrapUp>
<p>but subject to that shall leave the order out of account in determining the appropriate sentence or other manner of dealing with him; and</p>
</wrapUp>
</paragraph>
<paragraph eId="d4e6747">
<num>b</num>
<content>
<p>if it makes an order for the payment of compensation under Article 3 of the Order of 1980, and is of the opinion that the defendant will not have sufficient means to satisfy both that order and the confiscation order in full, shall direct that so much of the compensation as will not in its opinion be recoverable because of the insufficiency of his means is to be paid out of any sums recovered under the confiscation order.</p>
</content>
</paragraph>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
<section eId="section-43">
<num>43</num>
<heading>Compensation</heading>
<content>
<p>
In Schedule 4 to the
<noteRef href="#m00076" placement="inline" class="margin-note"/>
Northern Ireland (Emergency Provisions) Act 1991, the following paragraphs shall be inserted after paragraph 20—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule default" startQuote="" endQuote="">
<hcontainer name="crossheading" eId="d4e6767">
<heading>Compensation etc. where absconder is acquitted</heading>
<paragraph eId="d4e6770">
<num>20A</num>
<subparagraph eId="d4e6774">
<num>1</num>
<intro>
<p>This paragraph applies where—</p>
</intro>
<paragraph eId="d4e6780">
<num>a</num>
<content>
<p>the High Court has made a confiscation order by virtue of section 52B(4) of this Act, and</p>
</content>
</paragraph>
<paragraph eId="d4e6786">
<num>b</num>
<content>
<p>the defendant is subsequently tried for the offence or offences concerned and acquitted on all counts.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="d4e6792">
<num>2</num>
<content>
<p>The court by which the defendant is acquitted shall cancel the confiscation order.</p>
</content>
</subparagraph>
<subparagraph eId="d4e6798">
<num>3</num>
<content>
<p>The High Court may, on the application of a person who held property which was realisable property, order compensation to be paid to the applicant if it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order.</p>
</content>
</subparagraph>
<subparagraph eId="d4e6804">
<num>4</num>
<content>
<p>The amount of compensation to be paid under this paragraph shall be such as the court considers just in all the circumstances of the case.</p>
</content>
</subparagraph>
<subparagraph eId="d4e6810">
<num>5</num>
<intro>
<p>Rules of court may make provision—</p>
</intro>
<paragraph eId="d4e6816">
<num>a</num>
<content>
<p>for the giving of notice of any application under this paragraph; and</p>
</content>
</paragraph>
<paragraph eId="d4e6822">
<num>b</num>
<content>
<p>for any person appearing to the court to be likely to be affected by any exercise of its powers under this paragraph to be given an opportunity to make representations to the court.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="d4e6828">
<num>6</num>
<content>
<p>Any payment of compensation under this paragraph shall be made by the Lord Chancellor out of money provided by Parliament.</p>
</content>
</subparagraph>
<subparagraph eId="d4e6834">
<num>7</num>
<content>
<p>Where the court cancels a confiscation order under this paragraph it may make such consequential or incidental order as it considers appropriate in connection with the cancellation.</p>
</content>
</subparagraph>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="d4e6840">
<heading>Power to discharge confiscation order and order compensation where absconder returns</heading>
<paragraph eId="d4e6843">
<num>20B</num>
<subparagraph eId="d4e6847">
<num>1</num>
<intro>
<p>This paragraph applies where—</p>
</intro>
<paragraph eId="d4e6853">
<num>a</num>
<content>
<p>the High Court has made a confiscation order by virtue of section 52B(4) of this Act in relation to an absconder,</p>
</content>
</paragraph>
<paragraph eId="d4e6859">
<num>b</num>
<content>
<p>the defendant has ceased to be an absconder, and</p>
</content>
</paragraph>
<paragraph eId="d4e6865">
<num>c</num>
<content>
<p>paragraph 20A above does not apply.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="d4e6871">
<num>2</num>
<intro>
<p>The High Court may, on the application of the defendant, cancel the confiscation order if it is satisfied that—</p>
</intro>
<paragraph eId="d4e6877">
<num>a</num>
<content>
<p>there has been undue delay in continuing the proceedings in respect of which the power under section 52B(4) above was exercised; or</p>
</content>
</paragraph>
<paragraph eId="d4e6883">
<num>b</num>
<content>
<p>the prosecution does not intend to proceed.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="d4e6889">
<num>3</num>
<content>
<p>Where the High Court cancels a confiscation order under this paragraph it may, on the application of a person who held property which was realisable property, order compensation to be paid to the applicant if it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order.</p>
</content>
</subparagraph>
<subparagraph eId="d4e6895">
<num>4</num>
<content>
<p>The amount of compensation to be paid under this paragraph shall be such as the court considers just in all the circumstances of the case.</p>
</content>
</subparagraph>
<subparagraph eId="d4e6901">
<num>5</num>
<intro>
<p>Rules of court may make provision—</p>
</intro>
<paragraph eId="d4e6907">
<num>a</num>
<content>
<p>for the giving of notice of any application under this paragraph; and</p>
</content>
</paragraph>
<paragraph eId="d4e6913">
<num>b</num>
<content>
<p>for any person appearing to the court to be likely to be affected by any exercise of its powers under this paragraph to be given an opportunity to make representations to the court.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="d4e6919">
<num>6</num>
<content>
<p>Any payment of compensation under this paragraph shall be made by the Lord Chancellor out of money provided by Parliament.</p>
</content>
</subparagraph>
<subparagraph eId="d4e6925">
<num>7</num>
<content>
<p>Where the court cancels a confiscation order under this paragraph it may make such consequential or incidental order as it considers appropriate in connection with the cancellation.</p>
</content>
</subparagraph>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="d4e6931">
<heading>Variation of confiscation orders made by virtue of section 52B</heading>
<paragraph eId="d4e6934">
<num>20C</num>
<subparagraph eId="d4e6938">
<num>1</num>
<intro>
<p>This paragraph applies where—</p>
</intro>
<paragraph eId="d4e6944">
<num>a</num>
<content>
<p>the High Court has made a confiscation order by virtue of section 52B(4) of this Act, and</p>
</content>
</paragraph>
<paragraph eId="d4e6950">
<num>b</num>
<content>
<p>the defendant has ceased to be an absconder.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="d4e6956">
<num>2</num>
<intro>
<p>If the defendant alleges that—</p>
</intro>
<paragraph eId="d4e6962">
<num>a</num>
<content>
<p>the value of his proceeds of terrorist-related activities in the period by reference to which the assessment in question was made (the “original value”), or</p>
</content>
</paragraph>
<paragraph eId="d4e6968">
<num>b</num>
<content>
<p>the amount that might have been realised at the time the confiscation order was made,</p>
</content>
</paragraph>
<wrapUp>
<p>was less than the amount required to be paid under the confiscation order, he may apply to the High Court for it to consider his evidence.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="d4e6976">
<num>3</num>
<intro>
<p>If, having considered that evidence, the court is satisfied that the defendant’s allegation is correct it—</p>
</intro>
<paragraph eId="d4e6982">
<num>a</num>
<content>
<p>shall proceed under section 47(1) of this Act to make a fresh assessment of the value of his proceeds of terrorist-related activities, and</p>
</content>
</paragraph>
<paragraph eId="d4e6988">
<num>b</num>
<content>
<p>may, if it considers it just in all the circumstances, vary the amount required to be paid under the confiscation order.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="d4e6994">
<num>4</num>
<content>
<p>For any assessment under section 47 of this Act by virtue of this paragraph, section 47(8) shall not apply in relation to any of the defendant’s proceeds of terrorist-related activities taken into account in assessing the original value.</p>
</content>
</subparagraph>
<subparagraph eId="d4e7000">
<num>5</num>
<intro>
<p>Where the court varies a confiscation order under this paragraph—</p>
</intro>
<paragraph eId="d4e7006">
<num>a</num>
<content>
<p>
it shall substitute for the term of imprisonment or detention fixed in respect of the order under subsection (1)(c) of section 35 of the
<noteRef href="#m00077" placement="inline" class="margin-note"/>
Criminal Justice Act (Northern Ireland) 1945 (imprisonment in default of payment) a shorter term if the effect of the substitution under sub-paragraph (3) above is to reduce the maximum period applicable in relation to the order under subsection (2) of that section as it has effect by virtue of paragraph 2(1)(b) above; and
</p>
</content>
</paragraph>
<paragraph eId="d4e7014">
<num>b</num>
<intro>
<p>on the application of a person who held property which was realisable property, it may order compensation to be paid to the applicant if—</p>
</intro>
<subparagraph eId="d4e7020">
<num>i</num>
<content>
<p>it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order; and</p>
</content>
</subparagraph>
<subparagraph eId="d4e7026">
<num>ii</num>
<content>
<p>having regard to all the circumstances of the case, the court considers it to be appropriate.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="d4e7032">
<num>6</num>
<content>
<p>The amount of compensation to be paid under this paragraph shall be such as the court considers just in all the circumstances of the case.</p>
</content>
</subparagraph>
<subparagraph eId="d4e7038">
<num>7</num>
<intro>
<p>Rules of court may make provision—</p>
</intro>
<paragraph eId="d4e7044">
<num>a</num>
<content>
<p>for the giving of notice of any application under this paragraph; and</p>
</content>
</paragraph>
<paragraph eId="d4e7050">
<num>b</num>
<content>
<p>for any person appearing to the court to be likely to be affected by any exercise of its powers under this paragraph to be given an opportunity to make representations to the court.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="d4e7056">
<num>8</num>
<content>
<p>Any payment of compensation under this paragraph shall be made by the Lord Chancellor out of money provided by Parliament.</p>
</content>
</subparagraph>
<subparagraph eId="d4e7062">
<num>9</num>
<content>
<p>No application shall be entertained by the court under this paragraph if it is made after the end of the period of six years beginning with the date on which the confiscation order was made.</p>
</content>
</subparagraph>
</paragraph>
</hcontainer>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
<section eId="section-44">
<num>44</num>
<heading>Realisable property</heading>
<content>
<p>
In section 50 of the
<noteRef href="#m00078" placement="inline" class="margin-note"/>
Northern Ireland (Emergency Provisions) Act 1991 (realisable property, value and gifts), in subsection (2), the following paragraphs shall be inserted after paragraph (c)—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<paragraph eId="d4e7082">
<num>d</num>
<content>
<p>
section 43 of the
<noteRef href="#m00079" placement="inline" class="margin-note"/>
Powers of Criminal Courts Act 1973; or
</p>
</content>
</paragraph>
<paragraph eId="d4e7090">
<num>e</num>
<content>
<p>
section 223 or 436 of the
<noteRef href="#m00080" placement="inline" class="margin-note"/>
Criminal Procedure (Scotland) Act 1975,
</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
<section eId="section-45">
<num>45</num>
<heading>Enforcement</heading>
<subsection eId="section-45-1">
<num>1</num>
<content>
<p>Section 67 of the Northern Ireland (Emergency Provisions) Act 1991 (orders and regulations) shall be amended as follows.</p>
</content>
</subsection>
<subsection eId="section-45-2">
<num>2</num>
<content>
<p>In subsection (5), after the words “paragraph 7(3)” there shall be inserted “or 19(1)(a)”.</p>
</content>
</subsection>
<subsection eId="section-45-3">
<num>3</num>
<content>
<p>Subsection (6) shall cease to have effect.</p>
</content>
</subsection>
</section>
<section eId="section-46">
<num>46</num>
<heading>Enforcement of orders outside Northern Ireland</heading>
<content>
<p>In paragraph 19 of Schedule 4 to the Northern Ireland (Emergency Provisions) Act 1991 (enforcement of orders outside Northern Ireland), the following sub-paragraphs shall be added at the end—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule default" startQuote="" endQuote="">
<subparagraph eId="d4e7136">
<num>3</num>
<content>
<p>An Order under this paragraph may contain such incidental, consequential and transitional provisions as Her Majesty considers expedient.</p>
</content>
</subparagraph>
<subparagraph eId="d4e7142">
<num>4</num>
<content>
<p>
An Order under sub-paragraph (1)(a) above may, in particular, provide for section 18 of the
<noteRef href="#m00081" placement="inline" class="margin-note"/>
Civil Jurisdiction and Judgments Act 1982 (enforcement of United Kingdom judgments in other parts of the United Kingdom) not to apply.
</p>
</content>
</subparagraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
<section eId="section-47">
<num>47</num>
<heading>Offences relating to proceeds of terrorist-related activities</heading>
<subsection eId="section-47-1">
<num>1</num>
<content>
<p>In section 53 of the Northern Ireland (Emergency Provisions) Act 1991 (assisting another to retain proceeds of terrorist-related activities) the following subsection shall be inserted after subsection (3)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e7166">
<num>3A</num>
<content>
<p>Where a person discloses to a constable a suspicion or belief that any funds or investments are derived from or used in connection with terrorist-related activities or any matter on which such a suspicion or belief is based, the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-47-2">
<num>2</num>
<content>
<p>In section 53 of that Act the following subsection shall be inserted after subsection (4)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e7181">
<num>4A</num>
<content>
<p>In the case of a person who was in employment at the relevant time, subsections (3), (3A) and (4)(c) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-47-3">
<num>3</num>
<content>
<p>In subsection (3) of section 54 of that Act (concealing or transferring proceeds of terrorist-related activities), for the words from “that property” to the end of that subsection, there shall be substituted “or uses that property or has possession of it”.</p>
</content>
</subsection>
<subsection eId="section-47-4">
<num>4</num>
<content>
<p>In section 54 of that Act, the following subsection shall be inserted after subsection (3)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e7202">
<num>3A</num>
<content>
<p>It is a defence to a charge of committing an offence under this section that the person charged acquired or used the property or had possession of it for adequate consideration.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-47-5">
<num>5</num>
<content>
<p>For section 54(5) of that Act there shall be substituted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e7217">
<num>5</num>
<intro>
<p>For the purposes of subsection (3A) above—</p>
</intro>
<paragraph eId="d4e7223">
<num>a</num>
<content>
<p>a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property;</p>
</content>
</paragraph>
<paragraph eId="d4e7229">
<num>b</num>
<content>
<p>a person uses or has possession of any property for inadequate consideration if the value of the consideration is significantly less than the value of his possession or use of the property; and</p>
</content>
</paragraph>
<paragraph eId="d4e7235">
<num>c</num>
<content>
<p>the provision for any person of services or goods which are of assistance to him in terrorist-related activities shall not be treated as consideration.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e7241">
<num>5A</num>
<intro>
<p>Where a person discloses to a constable a suspicion or belief that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of terrorist-related activities or any matter on which such a suspicion or belief is based—</p>
</intro>
<paragraph eId="d4e7247">
<num>a</num>
<content>
<p>the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise; and</p>
</content>
</paragraph>
<paragraph eId="d4e7253">
<num>b</num>
<intro>
<p>if he does any act in contravention of subsection (3) above, he does not commit an offence under that subsection if—</p>
</intro>
<subparagraph eId="d4e7259">
<num>i</num>
<content>
<p>the disclosure is made before he does the act concerned and that act is done with the consent of the constable; or</p>
</content>
</subparagraph>
<subparagraph eId="d4e7265">
<num>ii</num>
<content>
<p>the disclosure is made after he does the act but on his initiative and as soon as it is reasonable for him to make it.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="d4e7271">
<num>5B</num>
<content>
<p>For the purposes of this section, having possession of any property shall be taken to be doing an act in relation to it.</p>
</content>
</subsection>
<subsection eId="d4e7277">
<num>5C</num>
<intro>
<p>In proceedings against a person for an offence under subsection (3) above, it is a defence to prove that—</p>
</intro>
<paragraph eId="d4e7283">
<num>a</num>
<content>
<p>he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in subsection (5A) above; but</p>
</content>
</paragraph>
<paragraph eId="d4e7289">
<num>b</num>
<content>
<p>there is reasonable excuse for his failure to make a disclosure in accordance with paragraph (b) of that subsection.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e7295">
<num>5D</num>
<content>
<p>In the case of a person who was in employment at the relevant time, subsections (5A) and (5C) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.</p>
</content>
</subsection>
<subsection eId="d4e7301">
<num>5E</num>
<content>
<p>No constable or other person shall be guilty of an offence under subsection (3) above in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to terrorism or the proceeds or resources of such terrorism.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
<section eId="section-48">
<num>48</num>
<heading>Failure to disclose knowledge or suspicion relating to proceeds of terrorist-related activities</heading>
<content>
<p>
The following section shall be inserted in the
<noteRef href="#m00082" placement="inline" class="margin-note"/>
Northern Ireland (Emergency Provisions) Act 1991, after section 54—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e7324">
<num>54A</num>
<heading>Failure to disclose knowledge or suspicion of offences under sections 53 and 54</heading>
<subsection eId="d4e7328">
<num>1</num>
<intro>
<p>A person is guilty of an offence if—</p>
</intro>
<paragraph eId="d4e7334">
<num>a</num>
<content>
<p>he knows, or suspects, that another person is acting in the proscribed manner,</p>
</content>
</paragraph>
<paragraph eId="d4e7340">
<num>b</num>
<content>
<p>the information, or other matter, on which that knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment, and</p>
</content>
</paragraph>
<paragraph eId="d4e7346">
<num>c</num>
<content>
<p>he does not disclose the information or other matter to a constable as soon as is reasonably practicable after it comes to his attention.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e7352">
<num>2</num>
<content>
<p>Subsection (1) above does not make it an offence for a professional legal adviser to fail to disclose any information or other matter which has come to him in privileged circumstances.</p>
</content>
</subsection>
<subsection eId="d4e7358">
<num>3</num>
<content>
<p>It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.</p>
</content>
</subsection>
<subsection eId="d4e7364">
<num>4</num>
<intro>
<p>Where a person discloses to a constable—</p>
</intro>
<paragraph eId="d4e7370">
<num>a</num>
<content>
<p>his suspicion or belief that another person is acting in the proscribed manner, or</p>
</content>
</paragraph>
<paragraph eId="d4e7376">
<num>b</num>
<content>
<p>any information or other matter on which that suspicion or belief is based,</p>
</content>
</paragraph>
<wrapUp>
<p>the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.</p>
</wrapUp>
</subsection>
<subsection eId="d4e7384">
<num>5</num>
<content>
<p>Without prejudice to subsection (3) or (4) above, in the case of a person who was in employment at the relevant time, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.</p>
</content>
</subsection>
<subsection eId="d4e7390">
<num>6</num>
<content>
<p>A disclosure to which subsection (5) above applies shall not be treated as a breach of any restriction imposed by statute or otherwise.</p>
</content>
</subsection>
<subsection eId="d4e7396">
<num>7</num>
<content>
<p>In this section “acting in the proscribed manner” means doing any act which constitutes an offence under section 53 or 54 above or, in the case of an act done otherwise than in the United Kingdom, which would constitute such an offence if done in the United Kingdom.</p>
</content>
</subsection>
<subsection eId="d4e7402">
<num>8</num>
<content>
<p>For the purposes of subsection (7) above, having possession of any property shall be taken to be doing an act in relation to it.</p>
</content>
</subsection>
<subsection eId="d4e7408">
<num>9</num>
<intro>
<p>For the purposes of this section, any information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated, or given, to him—</p>
</intro>
<paragraph eId="d4e7414">
<num>a</num>
<content>
<p>by, or by a representative of, a client of his in connection with the giving by the adviser of legal advice to the client;</p>
</content>
</paragraph>
<paragraph eId="d4e7420">
<num>b</num>
<content>
<p>by, or by a representative of, a person seeking legal advice from the adviser; or</p>
</content>
</paragraph>
<paragraph eId="d4e7426">
<num>c</num>
<intro>
<p>by any person—</p>
</intro>
<subparagraph eId="d4e7432">
<num>i</num>
<content>
<p>in contemplation of, or in connection with, legal proceedings; and</p>
</content>
</subparagraph>
<subparagraph eId="d4e7438">
<num>ii</num>
<content>
<p>for the purpose of those proceedings.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="d4e7444">
<num>10</num>
<content>
<p>No information or other matter shall be treated as coming to a professional legal adviser in privileged circumstances if it is communicated or given with a view to furthering any criminal purpose.</p>
</content>
</subsection>
<subsection eId="d4e7450">
<num>11</num>
<intro>
<p>A person guilty of an offence under this section shall be liable—</p>
</intro>
<paragraph eId="d4e7456">
<num>a</num>
<content>
<p>on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both, or</p>
</content>
</paragraph>
<paragraph eId="d4e7462">
<num>b</num>
<content>
<p>on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or to both.</p>
</content>
</paragraph>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
</hcontainer>
<hcontainer name="crossheading" eId="part-IV-crossheading-amendments-of-the-1989-act">
<heading>Amendments of the 1989 Act</heading>
<section eId="section-49">
<num>49</num>
<heading>Financial assistance for terrorism</heading>
<subsection eId="section-49-1">
<num>1</num>
<intro>
<p>
In section 9 of the
<noteRef href="#m00083" placement="inline" class="margin-note"/>
Prevention of Terrorism (Temporary Provisions) Act 1989 (contributions towards acts of terrorism), the following shall be inserted at the end of subsection (1)(b)—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<p class="run-on">or</p>
<paragraph eId="d4e7491">
<num>c</num>
<content>
<p>uses or has possession of, whether for consideration or not, any money or other property,</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</intro>
<paragraph eId="section-49-1-2">
<num>2</num>
<content>
<p>In section 10 of that Act (contributions to the resources of proscribed organisations), in subsection (1)(b), after the words “or accepts” there shall be inserted “or uses or has possession of”.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-49-3">
<num>3</num>
<content>
<p>In section 12 of that Act (disclosure of information about terrorist funds) for the word “contract”, in subsection (1), there shall be substituted “statute or otherwise”.</p>
</content>
</subsection>
<subsection eId="section-49-4">
<num>4</num>
<content>
<p>In section 12 of that Act, the following subsection shall be inserted after subsection (2)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e7518">
<num>2A</num>
<content>
<p>For the purposes of subsection (2) above a person who uses or has possession of money or other property shall be taken to be concerned in a transaction or arrangement.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-49-5">
<num>5</num>
<content>
<p>In section 12(3) of that Act, after “section 9(1)(b)” there shall be inserted “or (c)”.</p>
</content>
</subsection>
<subsection eId="section-49-6">
<num>6</num>
<content>
<p>The following subsections shall be added at the end of section 12 of that Act—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e7539">
<num>4</num>
<content>
<p>In the case of a person who was in employment at the relevant time, subsections (1) to (3) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.</p>
</content>
</subsection>
<subsection eId="d4e7545">
<num>5</num>
<content>
<p>No constable or other person shall be guilty of an offence under section 9(1)(b) or (c) or (2) or 10(1)(b) or (c) above in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to terrorism or the proceeds or resources of terrorism.</p>
</content>
</subsection>
<subsection eId="d4e7551">
<num>6</num>
<content>
<p>For the purposes of subsection (5) above, having possession of any property shall be taken to be doing an act in relation to it.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
<section eId="section-50">
<num>50</num>
<heading>Investigation of terrorist activities</heading>
<subsection eId="section-50-1">
<num>1</num>
<content>
<p>
Section 17 (investigation of terrorist activities) of the
<noteRef href="#m00084" placement="inline" class="margin-note"/>
Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended as follows.
</p>
</content>
</subsection>
<subsection eId="section-50-2">
<num>2</num>
<intro>
<p>In subsection (1)(a)(ii)—</p>
</intro>
<paragraph eId="section-50-2-a">
<num>a</num>
<content>
<p>for “or 11 above” there shall be substituted “11, 18 or 18A of this Act”; and</p>
</content>
</paragraph>
<paragraph eId="section-50-2-b">
<num>b</num>
<content>
<p>for “or 28” there shall be substituted “28, 53, 54 or 54A”.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-50-3">
<num>3</num>
<content>
<p>For subsection (2) there shall be substituted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e7599">
<num>2</num>
<intro>
<p>A person is guilty of an offence if, knowing or having reasonable cause to suspect that a constable is acting, or is proposing to act, in connection with a terrorist investigation which is being, or is about to be, conducted, he—</p>
</intro>
<paragraph eId="d4e7605">
<num>a</num>
<content>
<p>discloses to any other person information or any other matter which is likely to prejudice the investigation or proposed investigation, or</p>
</content>
</paragraph>
<paragraph eId="d4e7611">
<num>b</num>
<content>
<p>falsifies, conceals or destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, material which is or is likely to be relevant to the investigation, or proposed investigation.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e7617">
<num>2A</num>
<intro>
<p>
A person is guilty of an offence if, knowing or having reasonable cause to suspect that a disclosure (“the disclosure”) has been made to a constable under section 12, 18 or 18A of this Act or section 53, 54 or 54A of the
<noteRef href="#m00085" placement="inline" class="margin-note"/>
Northern Ireland (Emergency Provisions) Act 1991, he—
</p>
</intro>
<paragraph eId="d4e7625">
<num>a</num>
<content>
<p>discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure; or</p>
</content>
</paragraph>
<paragraph eId="d4e7631">
<num>b</num>
<content>
<p>falsifies, conceals or destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, material which is or is likely to be relevant to any such investigation.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e7637">
<num>2B</num>
<intro>
<p>A person is guilty of an offence if, knowing or having reasonable cause to suspect that a disclosure (“the disclosure”) of a kind mentioned in section 12(4) or 18A(5) of this Act or section 53(4A), 54(5D) or 54A(5) of the Act of 1991 has been made, he—</p>
</intro>
<paragraph eId="d4e7643">
<num>a</num>
<content>
<p>discloses to any person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure; or</p>
</content>
</paragraph>
<paragraph eId="d4e7649">
<num>b</num>
<content>
<p>falsifies, conceals or destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, material which is or is likely to be relevant to any such investigation.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e7655">
<num>2C</num>
<intro>
<p>Nothing in subsections (2) to (2B) above makes it an offence for a professional legal adviser to disclose any information or other matter—</p>
</intro>
<paragraph eId="d4e7661">
<num>a</num>
<content>
<p>to, or to a representative of, a client of his in connection with the giving by the adviser of legal advice to the client; or</p>
</content>
</paragraph>
<paragraph eId="d4e7667">
<num>b</num>
<intro>
<p>to any person—</p>
</intro>
<subparagraph eId="d4e7673">
<num>i</num>
<content>
<p>in contemplation of, or in connection with, legal proceedings; and</p>
</content>
</subparagraph>
<subparagraph eId="d4e7679">
<num>ii</num>
<content>
<p>for the purpose of those proceedings.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="d4e7685">
<num>2D</num>
<content>
<p>Subsection (2C) above does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.</p>
</content>
</subsection>
<subsection eId="d4e7691">
<num>2E</num>
<content>
<p>No constable or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to terrorism or the proceeds or resources of terrorism.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-50-4">
<num>4</num>
<content>
<p>In subsection (3) (defence in respect of disclosure), after “investigation” there shall be inserted “or proposed investigation”.</p>
</content>
</subsection>
<subsection eId="section-50-5">
<num>5</num>
<content>
<p>The following shall be inserted after subsection (3)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e7712">
<num>3A</num>
<intro>
<p>In proceedings against a person for an offence under subsection (2A)(a) or (2B)(a) above it is a defence to prove—</p>
</intro>
<paragraph eId="d4e7718">
<num>a</num>
<content>
<p>that he did not know and had no reasonable cause to suspect that his disclosure was likely to prejudice the investigation in question; or</p>
</content>
</paragraph>
<paragraph eId="d4e7724">
<num>b</num>
<content>
<p>that he had lawful authority or reasonable excuse for making his disclosure.</p>
</content>
</paragraph>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-50-6">
<num>6</num>
<content>
<p>In subsection (4) (defence in respect of falsifying material etc.), for the words from “the persons” to the end there shall be substituted “any person conducting, or likely to be conducting, the investigation or proposed investigation”.</p>
</content>
</subsection>
<subsection eId="section-50-7">
<num>7</num>
<content>
<p>The following shall be inserted after subsection (4)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e7745">
<num>4A</num>
<content>
<p>In proceedings against a person for an offence under subsection (2A)(b) or (2B)(b) above, it is a defence to prove that he had no intention of concealing any information contained in the material in question from any person who might carry out the investigation in question.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-50-8">
<num>8</num>
<content>
<p>In subsection (5) (penalties) after “(2)” there shall be inserted “(2A) or (2B)”.</p>
</content>
</subsection>
<subsection eId="section-50-9">
<num>9</num>
<content>
<p>The following subsection shall be added at the end—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e7766">
<num>6</num>
<content>
<p>For the purposes of subsection (1) above, as it applies in relation to any offence under section 18 or 18A below or section 54A of the Act of 1991, “act” includes omission.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
<section eId="section-51">
<num>51</num>
<heading>Failure to disclose knowledge or suspicion of financial assistance for terrorism</heading>
<content>
<p>
The following section shall be inserted in the
<noteRef href="#m00086" placement="inline" class="margin-note"/>
Prevention of Terrorism (Temporary Provisions) Act 1989, after section 18—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e7789">
<num>18A</num>
<heading>Failure to disclose knowledge or suspicion of offences under sections 9 to 11</heading>
<subsection eId="d4e7793">
<num>1</num>
<intro>
<p>A person is guilty of an offence if—</p>
</intro>
<paragraph eId="d4e7799">
<num>a</num>
<content>
<p>he knows, or suspects, that another person is providing financial assistance for terrorism;</p>
</content>
</paragraph>
<paragraph eId="d4e7805">
<num>b</num>
<content>
<p>the information, or other matter, on which that knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment; and</p>
</content>
</paragraph>
<paragraph eId="d4e7811">
<num>c</num>
<content>
<p>he does not disclose the information or other matter to a constable as soon as is reasonably practicable after it comes to his attention.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e7817">
<num>2</num>
<content>
<p>Subsection (1) above does not make it an offence for a professional legal adviser to fail to disclose any information or other matter which has come to him in privileged circumstances.</p>
</content>
</subsection>
<subsection eId="d4e7823">
<num>3</num>
<content>
<p>It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.</p>
</content>
</subsection>
<subsection eId="d4e7829">
<num>4</num>
<intro>
<p>Where a person discloses to a constable—</p>
</intro>
<paragraph eId="d4e7835">
<num>a</num>
<content>
<p>his suspicion or belief that another person is providing financial assistance for terrorism; or</p>
</content>
</paragraph>
<paragraph eId="d4e7841">
<num>b</num>
<content>
<p>any information or other matter on which that suspicion or belief is based;</p>
</content>
</paragraph>
<wrapUp>
<p>the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.</p>
</wrapUp>
</subsection>
<subsection eId="d4e7849">
<num>5</num>
<content>
<p>Without prejudice to subsection (3) or (4) above, in the case of a person who was in employment at the relevant time, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.</p>
</content>
</subsection>
<subsection eId="d4e7855">
<num>6</num>
<content>
<p>A disclosure to which subsection (5) above applies shall not be treated as a breach of any restriction imposed by statute or otherwise.</p>
</content>
</subsection>
<subsection eId="d4e7861">
<num>7</num>
<content>
<p>In this section “providing financial assistance for terrorism” means doing any act which constitutes an offence under section 9, 10 or 11 above or, in the case of an act done otherwise than in the United Kingdom, which would constitute such an offence if done in the United Kingdom.</p>
</content>
</subsection>
<subsection eId="d4e7867">
<num>8</num>
<content>
<p>For the purposes of subsection (7) above, having possession of any property shall be taken to be doing an act in relation to it.</p>
</content>
</subsection>
<subsection eId="d4e7873">
<num>9</num>
<intro>
<p>For the purposes of this section, any information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated, or given, to him—</p>
</intro>
<paragraph eId="d4e7879">
<num>a</num>
<content>
<p>by, or by a representative of, a client of his in connection with the giving by the adviser of legal advice to the client;</p>
</content>
</paragraph>
<paragraph eId="d4e7885">
<num>b</num>
<content>
<p>by, or by a representative of, a person seeking legal advice from the adviser; or</p>
</content>
</paragraph>
<paragraph eId="d4e7891">
<num>c</num>
<intro>
<p>by any person—</p>
</intro>
<subparagraph eId="d4e7897">
<num>i</num>
<content>
<p>in contemplation of, or in connection with, legal proceedings; and</p>
</content>
</subparagraph>
<subparagraph eId="d4e7903">
<num>ii</num>
<content>
<p>for the purpose of those proceedings.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="d4e7909">
<num>10</num>
<content>
<p>No information or other matter shall be treated as coming to a professional legal adviser in privileged circumstances if it is communicated or given with a view to furthering any criminal purpose.</p>
</content>
</subsection>
<subsection eId="d4e7915">
<num>11</num>
<intro>
<p>A person guilty of an offence under this section shall be liable—</p>
</intro>
<paragraph eId="d4e7921">
<num>a</num>
<content>
<p>on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both; or</p>
</content>
</paragraph>
<paragraph eId="d4e7927">
<num>b</num>
<content>
<p>on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or to both.</p>
</content>
</paragraph>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
</hcontainer>
</part>
<part eId="part-V">
<num>PART V</num>
<heading>INSIDER DEALING</heading>
<hcontainer name="crossheading" eId="part-V-crossheading-the-offence-of-insider-dealing">
<heading>The offence of insider dealing</heading>
<section eId="section-52">
<num>52</num>
<heading>The offence</heading>
<subsection eId="section-52-1">
<num>1</num>
<content>
<p>An individual who has information as an insider is guilty of insider dealing if, in the circumstances mentioned in subsection (3), he deals in securities that are price-affected securities in relation to the information.</p>
</content>
</subsection>
<subsection eId="section-52-2">
<num>2</num>
<intro>
<p>An individual who has information as an insider is also guilty of insider dealing if—</p>
</intro>
<paragraph eId="section-52-2-a">
<num>a</num>
<content>
<p>he encourages another person to deal in securities that are (whether or not that other knows it) price-affected securities in relation to the information, knowing or having reasonable cause to believe that the dealing would take place in the circumstances mentioned in subsection (3); or</p>
</content>
</paragraph>
<paragraph eId="section-52-2-b">
<num>b</num>
<content>
<p>he discloses the information, otherwise than in the proper performance of the functions of his employment, office or profession, to another person.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-52-3">
<num>3</num>
<content>
<p>The circumstances referred to above are that the acquisition or disposal in question occurs on a regulated market, or that the person dealing relies on a professional intermediary or is himself acting as a professional intermediary.</p>
</content>
</subsection>
<subsection eId="section-52-4">
<num>4</num>
<content>
<p>This section has effect subject to section 53.</p>
</content>
</subsection>
</section>
<section eId="section-53">
<num>53</num>
<heading>Defences</heading>
<subsection eId="section-53-1">
<num>1</num>
<intro>
<p>An individual is not guilty of insider dealing by virtue of dealing in securities if he shows—</p>
</intro>
<paragraph eId="section-53-1-a">
<num>a</num>
<content>
<p>that he did not at the time expect the dealing to result in a profit attributable to the fact that the information in question was price-sensitive information in relation to the securities, or</p>
</content>
</paragraph>
<paragraph eId="section-53-1-b">
<num>b</num>
<content>
<p>that at the time he believed on reasonable grounds that the information had been disclosed widely enough to ensure that none of those taking part in the dealing would be prejudiced by not having the information, or</p>
</content>
</paragraph>
<paragraph eId="section-53-1-c">
<num>c</num>
<content>
<p>that he would have done what he did even if he had not had the information.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-53-2">
<num>2</num>
<intro>
<p>An individual is not guilty of insider dealing by virtue of encouraging another person to deal in securities if he shows—</p>
</intro>
<paragraph eId="section-53-2-a">
<num>a</num>
<content>
<p>that he did not at the time expect the dealing to result in a profit attributable to the fact that the information in question was price-sensitive information in relation to the securities, or</p>
</content>
</paragraph>
<paragraph eId="section-53-2-b">
<num>b</num>
<content>
<p>that at the time he believed on reasonable grounds that the information had been or would be disclosed widely enough to ensure that none of those taking part in the dealing would be prejudiced by not having the information, or</p>
</content>
</paragraph>
<paragraph eId="section-53-2-c">
<num>c</num>
<content>
<p>that he would have done what he did even if he had not had the information.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-53-3">
<num>3</num>
<intro>
<p>An individual is not guilty of insider dealing by virtue of a disclosure of information if he shows—</p>
</intro>
<paragraph eId="section-53-3-a">
<num>a</num>
<content>
<p>that he did not at the time expect any person, because of the disclosure, to deal in securities in the circumstances mentioned in subsection (3) of section 52; or</p>
</content>
</paragraph>
<paragraph eId="section-53-3-b">
<num>b</num>
<content>
<p>that, although he had such an expectation at the time, he did not expect the dealing to result in a profit attributable to the fact that the information was price-sensitive information in relation to the securities.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-53-4">
<num>4</num>
<content>
<p>Schedule 1 (special defences) shall have effect.</p>
</content>
</subsection>
<subsection eId="section-53-5">
<num>5</num>
<content>
<p>The Treasury may by order amend Schedule 1.</p>
</content>
</subsection>
<subsection eId="section-53-6">
<num>6</num>
<content>
<p>In this section references to a profit include references to the avoidance of a loss.</p>
</content>
</subsection>
</section>
</hcontainer>
<hcontainer name="crossheading" eId="part-V-crossheading-interpretation">
<heading>Interpretation</heading>
<section eId="section-54">
<num>54</num>
<heading>Securities to which Part V applies</heading>
<subsection eId="section-54-1">
<num>1</num>
<intro>
<p>This Part applies to any security which—</p>
</intro>
<paragraph eId="section-54-1-a">
<num>a</num>
<content>
<p>falls within any paragraph of Schedule 2; and</p>
</content>
</paragraph>
<paragraph eId="section-54-1-b">
<num>b</num>
<content>
<p>satisfies any conditions applying to it under an order made by the Treasury for the purposes of this subsection;</p>
</content>
</paragraph>
<wrapUp>
<p>and in the provisions of this Part (other than that Schedule) any reference to a security is a reference to a security to which this Part applies.</p>
</wrapUp>
</subsection>
<subsection eId="section-54-2">
<num>2</num>
<content>
<p>The Treasury may by order amend Schedule 2.</p>
</content>
</subsection>
</section>
<section eId="section-55">
<num>55</num>
<heading>“Dealing” in securities</heading>
<subsection eId="section-55-1">
<num>1</num>
<intro>
<p>For the purposes of this Part, a person deals in securities if—</p>
</intro>
<paragraph eId="section-55-1-a">
<num>a</num>
<content>
<p>he acquires or disposes of the securities (whether as principal or agent); or</p>
</content>
</paragraph>
<paragraph eId="section-55-1-b">
<num>b</num>
<content>
<p>he procures, directly or indirectly, an acquisition or disposal of the securities by any other person.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-55-2">
<num>2</num>
<intro>
<p>For the purposes of this Part, “acquire”, in relation to a security, includes—</p>
</intro>
<paragraph eId="section-55-2-a">
<num>a</num>
<content>
<p>agreeing to acquire the security; and</p>
</content>
</paragraph>
<paragraph eId="section-55-2-b">
<num>b</num>
<content>
<p>entering into a contract which creates the security.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-55-3">
<num>3</num>
<intro>
<p>For the purposes of this Part, “dispose”, in relation to a security, includes—</p>
</intro>
<paragraph eId="section-55-3-a">
<num>a</num>
<content>
<p>agreeing to dispose of the security; and</p>
</content>
</paragraph>
<paragraph eId="section-55-3-b">
<num>b</num>
<content>
<p>bringing to an end a contract which created the security.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-55-4">
<num>4</num>
<intro>
<p>For the purposes of subsection (1), a person procures an acquisition or disposal of a security if the security is acquired or disposed of by a person who is—</p>
</intro>
<paragraph eId="section-55-4-a">
<num>a</num>
<content>
<p>his agent,</p>
</content>
</paragraph>
<paragraph eId="section-55-4-b">
<num>b</num>
<content>
<p>his nominee, or</p>
</content>
</paragraph>
<paragraph eId="section-55-4-c">
<num>c</num>
<content>
<p>a person who is acting at his direction,</p>
</content>
</paragraph>
<wrapUp>
<p>in relation to the acquisition or disposal.</p>
</wrapUp>
</subsection>
<subsection eId="section-55-5">
<num>5</num>
<content>
<p>Subsection (4) is not exhaustive as to the circumstances in which one person may be regarded as procuring an acquisition or disposal of securities by another.</p>
</content>
</subsection>
</section>
<section eId="section-56">
<num>56</num>
<heading>“Inside information”, etc</heading>
<subsection eId="section-56-1">
<num>1</num>
<intro>
<p>For the purposes of this section and section 57, “inside information” means information which—</p>
</intro>
<paragraph eId="section-56-1-a">
<num>a</num>
<content>
<p>relates to particular securities or to a particular issuer of securities or to particular issuers of securities and not to securities generally or to issuers of securities generally;</p>
</content>
</paragraph>
<paragraph eId="section-56-1-b">
<num>b</num>
<content>
<p>is specific or precise;</p>
</content>
</paragraph>
<paragraph eId="section-56-1-c">
<num>c</num>
<content>
<p>has not been made public; and</p>
</content>
</paragraph>
<paragraph eId="section-56-1-d">
<num>d</num>
<content>
<p>if it were made public would be likely to have a significant effect on the price of any securities.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-56-2">
<num>2</num>
<content>
<p>For the purposes of this Part, securities are “price-affected securities” in relation to inside information, and inside information is “price-sensitive information” in relation to securities, if and only if the information would, if made public, be likely to have a significant effect on the price of the securities.</p>
</content>
</subsection>
<subsection eId="section-56-3">
<num>3</num>
<content>
<p>For the purposes of this section “price” includes value.</p>
</content>
</subsection>
</section>
<section eId="section-57">
<num>57</num>
<heading>“Insiders”</heading>
<subsection eId="section-57-1">
<num>1</num>
<intro>
<p>For the purposes of this Part, a person has information as an insider if and only if—</p>
</intro>
<paragraph eId="section-57-1-a">
<num>a</num>
<content>
<p>it is, and he knows that it is, inside information, and</p>
</content>
</paragraph>
<paragraph eId="section-57-1-b">
<num>b</num>
<content>
<p>he has it, and knows that he has it, from an inside source.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-57-2">
<num>2</num>
<intro>
<p>For the purposes of subsection (1), a person has information from an inside source if and only if—</p>
</intro>
<paragraph eId="section-57-2-a">
<num>a</num>
<intro>
<p>he has it through—</p>
</intro>
<subparagraph eId="section-57-2-a-i">
<num>i</num>
<content>
<p>being a director, employee or shareholder of an issuer of securities; or</p>
</content>
</subparagraph>
<subparagraph eId="section-57-2-a-ii">
<num>ii</num>
<content>
<p>having access to the information by virtue of his employment, office or profession; or</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="section-57-2-b">
<num>b</num>
<content>
<p>the direct or indirect source of his information is a person within paragraph (a).</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="section-58">
<num>58</num>
<heading>Information “made public”</heading>
<subsection eId="section-58-1">
<num>1</num>
<content>
<p>For the purposes of section 56, “made public”, in relation to information, shall be construed in accordance with the following provisions of this section; but those provisions are not exhaustive as to the meaning of that expression.</p>
</content>
</subsection>
<subsection eId="section-58-2">
<num>2</num>
<intro>
<p>Information is made public if—</p>
</intro>
<paragraph eId="section-58-2-a">
<num>a</num>
<content>
<p>it is published in accordance with the rules of a regulated market for the purpose of informing investors and their professional advisers;</p>
</content>
</paragraph>
<paragraph eId="section-58-2-b">
<num>b</num>
<content>
<p>it is contained in records which by virtue of any enactment are open to inspection by the public;</p>
</content>
</paragraph>
<paragraph eId="section-58-2-c">
<num>c</num>
<intro>
<p>it can be readily acquired by those likely to deal in any securities—</p>
</intro>
<subparagraph eId="section-58-2-c-i">
<num>i</num>
<content>
<p>to which the information relates, or</p>
</content>
</subparagraph>
<subparagraph eId="section-58-2-c-ii">
<num>ii</num>
<content>
<p>of an issuer to which the information relates; or</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="section-58-2-d">
<num>d</num>
<content>
<p>it is derived from information which has been made public.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-58-3">
<num>3</num>
<intro>
<p>Information may be treated as made public even though—</p>
</intro>
<paragraph eId="section-58-3-a">
<num>a</num>
<content>
<p>it can be acquired only by persons exercising diligence or expertise;</p>
</content>
</paragraph>
<paragraph eId="section-58-3-b">
<num>b</num>
<content>
<p>it is communicated to a section of the public and not to the public at large;</p>
</content>
</paragraph>
<paragraph eId="section-58-3-c">
<num>c</num>
<content>
<p>it can be acquired only by observation;</p>
</content>
</paragraph>
<paragraph eId="section-58-3-d">
<num>d</num>
<content>
<p>it is communicated only on payment of a fee; or</p>
</content>
</paragraph>
<paragraph eId="section-58-3-e">
<num>e</num>
<content>
<p>it is published only outside the United Kingdom.</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="section-59">
<num>59</num>
<heading>“Professional intermediary”</heading>
<subsection eId="section-59-1">
<num>1</num>
<intro>
<p>For the purposes of this Part, a “professional intermediary” is a person—</p>
</intro>
<paragraph eId="section-59-1-a">
<num>a</num>
<content>
<p>who carries on a business consisting of an activity mentioned in subsection (2) and who holds himself out to the public or any section of the public (including a section of the public constituted by persons such as himself) as willing to engage in any such business; or</p>
</content>
</paragraph>
<paragraph eId="section-59-1-b">
<num>b</num>
<content>
<p>who is employed by a person falling within paragraph (a) to carry out any such activity.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-59-2">
<num>2</num>
<intro>
<p>The activities referred to in subsection (1) are—</p>
</intro>
<paragraph eId="section-59-2-a">
<num>a</num>
<content>
<p>acquiring or disposing of securities (whether as principal or agent); or</p>
</content>
</paragraph>
<paragraph eId="section-59-2-b">
<num>b</num>
<content>
<p>acting as an intermediary between persons taking part in any dealing in securities.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-59-3">
<num>3</num>
<intro>
<p>A person is not to be treated as carrying on a business consisting of an activity mentioned in subsection (2)—</p>
</intro>
<paragraph eId="section-59-3-a">
<num>a</num>
<content>
<p>if the activity in question is merely incidental to some other activity not falling within subsection (2); or</p>
</content>
</paragraph>
<paragraph eId="section-59-3-b">
<num>b</num>
<content>
<p>merely because he occasionally conducts one of those activities.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-59-4">
<num>4</num>
<content>
<p>For the purposes of section 52, a person dealing in securities relies on a professional intermediary if and only if a person who is acting as a professional intermediary carries out an activity mentioned in subsection (2) in relation to that dealing.</p>
</content>
</subsection>
</section>
<section eId="section-60">
<num>60</num>
<heading>Other interpretation provisions</heading>
<subsection eId="section-60-1">
<num>1</num>
<content>
<p>For the purposes of this Part, “regulated market” means any market, however operated, which, by an order made by the Treasury, is identified (whether by name or by reference to criteria prescribed by the order) as a regulated market for the purposes of this Part.</p>
</content>
</subsection>
<subsection eId="section-60-2">
<num>2</num>
<content>
<p>For the purposes of this Part an “issuer”, in relation to any securities, means any company, public sector body or individual by which or by whom the securities have been or are to be issued.</p>
</content>
</subsection>
<subsection eId="section-60-3">
<num>3</num>
<intro>
<p>For the purposes of this Part—</p>
</intro>
<paragraph eId="section-60-3-a">
<num>a</num>
<content>
<p>“company” means any body (whether or not incorporated and wherever incorporated or constituted) which is not a public sector body; and</p>
</content>
</paragraph>
<paragraph eId="section-60-3-b">
<num>b</num>
<intro>
<p>“public sector body” means—</p>
</intro>
<subparagraph eId="section-60-3-b-i">
<num>i</num>
<content>
<p>the government of the United Kingdom, of Northern Ireland or of any country or territory outside the United Kingdom;</p>
</content>
</subparagraph>
<subparagraph eId="section-60-3-b-ii">
<num>ii</num>
<content>
<p>a local authority in the United Kingdom or elsewhere;</p>
</content>
</subparagraph>
<subparagraph eId="section-60-3-b-iii">
<num>iii</num>
<content>
<p>any international organisation the members of which include the United Kingdom or another member state;</p>
</content>
</subparagraph>
<subparagraph eId="section-60-3-b-iv">
<num>iv</num>
<content>
<p>the Bank of England; or</p>
</content>
</subparagraph>
<subparagraph eId="section-60-3-b-v">
<num>v</num>
<content>
<p>the central bank of any sovereign State.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="section-60-4">
<num>4</num>
<content>
<p>For the purposes of this Part, information shall be treated as relating to an issuer of securities which is a company not only where it is about the company but also where it may affect the company’s business prospects.</p>
</content>
</subsection>
</section>
</hcontainer>
<hcontainer name="crossheading" eId="part-V-crossheading-miscellaneous">
<heading>Miscellaneous</heading>
<section eId="section-61">
<num>61</num>
<heading>Penalties and prosecution</heading>
<subsection eId="section-61-1">
<num>1</num>
<intro>
<p>An individual guilty of insider dealing shall be liable—</p>
</intro>
<paragraph eId="section-61-1-a">
<num>a</num>
<content>
<p>on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding six months or to both; or</p>
</content>
</paragraph>
<paragraph eId="section-61-1-b">
<num>b</num>
<content>
<p>on conviction on indictment, to a fine or imprisonment for a term not exceeding seven years or to both.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-61-2">
<num>2</num>
<intro>
<p>Proceedings for offences under this Part shall not be instituted in England and Wales except by or with the consent of—</p>
</intro>
<paragraph eId="section-61-2-a">
<num>a</num>
<content>
<p>the Secretary of State; or</p>
</content>
</paragraph>
<paragraph eId="section-61-2-b">
<num>b</num>
<content>
<p>the Director of Public Prosecutions.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-61-3">
<num>3</num>
<content>
<p>In relation to proceedings in Northern Ireland for offences under this Part, subsection (2) shall have effect as if the reference to the Director of Public Prosecutions were a reference to the Director of Public Prosecutions for Northern Ireland.</p>
</content>
</subsection>
</section>
<section eId="section-62">
<num>62</num>
<heading>Territorial scope of offence of insider dealing</heading>
<subsection eId="section-62-1">
<num>1</num>
<intro>
<p>An individual is not guilty of an offence falling within subsection (1) of section 52 unless—</p>
</intro>
<paragraph eId="section-62-1-a">
<num>a</num>
<content>
<p>he was within the United Kingdom at the time when he is alleged to have done any act constituting or forming part of the alleged dealing;</p>
</content>
</paragraph>
<paragraph eId="section-62-1-b">
<num>b</num>
<content>
<p>the regulated market on which the dealing is alleged to have occurred is one which, by an order made by the Treasury, is identified (whether by name or by reference to criteria prescribed by the order) as being, for the purposes of this Part, regulated in the United Kingdom; or</p>
</content>
</paragraph>
<paragraph eId="section-62-1-c">
<num>c</num>
<content>
<p>the professional intermediary was within the United Kingdom at the time when he is alleged to have done anything by means of which the offence is alleged to have been committed.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-62-2">
<num>2</num>
<intro>
<p>An individual is not guilty of an offence falling within subsection (2) of section 52 unless—</p>
</intro>
<paragraph eId="section-62-2-a">
<num>a</num>
<content>
<p>he was within the United Kingdom at the time when he is alleged to have disclosed the information or encouraged the dealing; or</p>
</content>
</paragraph>
<paragraph eId="section-62-2-b">
<num>b</num>
<content>
<p>the alleged recipient of the information or encouragement was within the United Kingdom at the time when he is alleged to have received the information or encouragement.</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="section-63">
<num>63</num>
<heading>Limits on section 52</heading>
<subsection eId="section-63-1">
<num>1</num>
<content>
<p>Section 52 does not apply to anything done by an individual acting on behalf of a public sector body in pursuit of monetary policies or policies with respect to exchange rates or the management of public debt or foreign exchange reserves.</p>
</content>
</subsection>
<subsection eId="section-63-2">
<num>2</num>
<content>
<p>No contract shall be void or unenforceable by reason only of section 52.</p>
</content>
</subsection>
</section>
<section eId="section-64">
<num>64</num>
<heading>Orders</heading>
<subsection eId="section-64-1">
<num>1</num>
<content>
<p>Any power under this Part to make an order shall be exercisable by statutory instrument.</p>
</content>
</subsection>
<subsection eId="section-64-2">
<num>2</num>
<content>
<p>No order shall be made under this Part unless a draft of it has been laid before and approved by a resolution of each House of Parliament.</p>
</content>
</subsection>
<subsection eId="section-64-3">
<num>3</num>
<intro>
<p>An order under this Part—</p>
</intro>
<paragraph eId="section-64-3-a">
<num>a</num>
<content>
<p>may make different provision for different cases; and</p>
</content>
</paragraph>
<paragraph eId="section-64-3-b">
<num>b</num>
<content>
<p>may contain such incidental, supplemental and transitional provisions as the Treasury consider expedient.</p>
</content>
</paragraph>
</subsection>
</section>
</hcontainer>
</part>
<part eId="part-VI">
<num>PART VI</num>
<heading>MISCELLANEOUS</heading>
<section eId="section-65">
<num>65</num>
<heading>Fixing of fines</heading>
<subsection eId="section-65-1">
<num>1</num>
<content>
<p>
The following section shall be substituted for section 18 of the
<noteRef href="#m00087" placement="inline" class="margin-note"/>
Criminal Justice Act 1991 (fixing of certain fines by reference to units)—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e8722">
<num>18</num>
<heading>Fixing of fines</heading>
<subsection eId="d4e8726">
<num>1</num>
<content>
<p>Before fixing the amount of any fine, a court shall inquire into the financial circumstances of the offender.</p>
</content>
</subsection>
<subsection eId="d4e8732">
<num>2</num>
<content>
<p>The amount of any fine fixed by a court shall be such as, in the opinion of the court, reflects the seriousness of the offence.</p>
</content>
</subsection>
<subsection eId="d4e8738">
<num>3</num>
<content>
<p>In fixing the amount of any fine, a court shall take into account the circumstances of the case including, among other things, the financial circumstances of the offender so far as they are known, or appear, to the court.</p>
</content>
</subsection>
<subsection eId="d4e8744">
<num>4</num>
<intro>
<p>Where—</p>
</intro>
<paragraph eId="d4e8750">
<num>a</num>
<content>
<p>an offender has been convicted in his absence in pursuance of section 11 or 12 of the Magistrates' Courts Act 1980 (non-appearance of accused),</p>
</content>
</paragraph>
<paragraph eId="d4e8756">
<num>b</num>
<intro>
<p>an offender—</p>
</intro>
<subparagraph eId="d4e8762">
<num>i</num>
<content>
<p>has failed to comply with an order under section 20(1) below; or</p>
</content>
</subparagraph>
<subparagraph eId="d4e8768">
<num>ii</num>
<content>
<p>has otherwise failed to co-operate with the court in its inquiry into his financial circumstances, or</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="d4e8774">
<num>c</num>
<intro>
<p>the parent or guardian of an offender who is a child or young person—</p>
</intro>
<subparagraph eId="d4e8780">
<num>i</num>
<content>
<p>has failed to comply with an order under section 20(1B) below; or</p>
</content>
</subparagraph>
<subparagraph eId="d4e8786">
<num>ii</num>
<content>
<p>has otherwise failed to co-operate with the court in its inquiry into his financial circumstances,</p>
</content>
</subparagraph>
</paragraph>
<wrapUp>
<p>and the court considers that it has insufficient information to make a proper determination of the financial circumstances of the offender, it may make such determination as it thinks fit.</p>
</wrapUp>
</subsection>
<subsection eId="d4e8794">
<num>5</num>
<content>
<p>Subsection (3) above applies whether taking into account the financial circumstances of the offender has the effect of increasing or reducing the amount of the fine.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-65-2">
<num>2</num>
<content>
<p>Section 19 of the Act of 1991 (fixing of fines in cases to which the unit fines system did not apply) shall cease to have effect.</p>
</content>
</subsection>
<subsection eId="section-65-3">
<num>3</num>
<content>
<p>The further amendments made by Schedule 3 shall have effect.</p>
</content>
</subsection>
<subsection eId="section-65-4">
<num>4</num>
<content>
<p>The amendments made by this section and that Schedule shall apply in relation to offenders convicted (but not sentenced) before the date on which this section comes into force as they apply in relation to offenders convicted after that date.</p>
</content>
</subsection>
</section>
<section eId="section-66">
<num>66</num>
<heading>Powers of courts to deal with offenders</heading>
<subsection eId="section-66-1">
<num>1</num>
<content>
<p>
In section 1 of the
<noteRef href="#m00088" placement="inline" class="margin-note"/>
Criminal Justice Act 1991 (restrictions on imposing custodial sentences), the following shall be substituted for subsection (2)(a)—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<paragraph eId="d4e8836">
<num>a</num>
<content>
<p>that the offence, or the combination of the offence and one or more offences associated with it, was so serious that only such a sentence can be justified for the offence; or</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-66-2">
<num>2</num>
<content>
<p>In section 2 of the Act of 1991 (length of custodial sentences), in subsections (2)(a) and (3), for the word “other” there shall be substituted “one or more”.</p>
</content>
</subsection>
<subsection eId="section-66-3">
<num>3</num>
<content>
<p>In section 3 of the Act of 1991 (procedural requirements for custodial sentences), in subsection (3)(a), the words “or (as the case may be) of the offence and the offence or offences associated with it,” shall be inserted after the word “offence”.</p>
</content>
</subsection>
<subsection eId="section-66-4">
<num>4</num>
<intro>
<p>In section 6 of the Act of 1991 (restrictions on imposing community sentences)—</p>
</intro>
<paragraph eId="section-66-4-a">
<num>a</num>
<content>
<p>in subsection (1), for the words “other offence” there shall be substituted “or more offences”; and</p>
</content>
</paragraph>
<paragraph eId="section-66-4-b">
<num>b</num>
<content>
<p>in subsection (2)(b), for the word “other” there shall be substituted “one or more”.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-66-5">
<num>5</num>
<content>
<p>In section 7 of the Act of 1991 (procedural requirements for community sentences), in subsection (1), the words “or (as the case may be) of the offence and the offence or offences associated with it,” shall be inserted after the word “offence”.</p>
</content>
</subsection>
<subsection eId="section-66-6">
<num>6</num>
<content>
<p>For section 29 of the Act of 1991 (effect of previous convictions) there shall be substituted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e8890">
<num>29</num>
<heading>Effect of previous convictions and of offending while on bail</heading>
<subsection eId="d4e8894">
<num>1</num>
<content>
<p>In considering the seriousness of any offence, the court may take into account any previous convictions of the offender or any failure of his to respond to previous sentences.</p>
</content>
</subsection>
<subsection eId="d4e8900">
<num>2</num>
<content>
<p>In considering the seriousness of any offence committed while the offender was on bail, the court shall treat the fact that it was committed in those circumstances as an aggravating factor.</p>
</content>
</subsection>
<subsection eId="d4e8906">
<num>3</num>
<content>
<p>
A probation order or conditional discharge order made before 1st October 1992 (which, by virtue of section 2 or 7 of the
<noteRef href="#m00089" placement="inline" class="margin-note"/>
Powers of Criminal Courts Act 1973, would otherwise not be a sentence for the purposes of this section) is to be treated as a sentence for those purposes.
</p>
</content>
</subsection>
<subsection eId="d4e8914">
<num>4</num>
<content>
<p>A conviction in respect of which a probation order or conditional discharge order was made before that date (which, by virtue of section 13 of that Act, would otherwise not be a conviction for those purposes) is to be treated as a conviction for those purposes.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-66-7">
<num>7</num>
<content>
<p>In subsection (1) of section 12D of the Children and Young Persons Act 1969 (duty of court to state in certain cases that requirement is in place of custodial sentence), in paragraph (ii)(a) for the words “other offence” there shall be substituted “or more offences”.</p>
</content>
</subsection>
<subsection eId="section-66-8">
<num>8</num>
<content>
<p>
In section 38 of the
<noteRef href="#m00090" placement="inline" class="margin-note"/>
Magistrates' Courts Act 1980 (committal for sentence on summary trial of offence triable either way), in subsection (2)(a), for the word “other” there shall be substituted “one or more”.
</p>
</content>
</subsection>
<subsection eId="section-66-9">
<num>9</num>
<content>
<p>The amendments made by this section shall apply in relation to offenders convicted (but not sentenced) before the date on which this section comes into force as they apply in relation to offenders convicted after that date.</p>
</content>
</subsection>
</section>
<section eId="section-67">
<num>67</num>
<heading>Penalty for causing death by dangerous driving or by careless driving</heading>
<subsection eId="section-67-1">
<num>1</num>
<content>
<p>
In Part I of Schedule 2 to the
<noteRef href="#m00091" placement="inline" class="margin-note"/>
Road Traffic Offenders Act 1988 (prosecution and punishment of offences), in the entries relating to section 1 of the Road Traffic Act
<noteRef href="#m00092" placement="inline" class="margin-note"/>
1988 (causing death by dangerous driving) and section 3A of that Act (causing death by careless driving while under influence of drink or drugs), in column 4, for “5 years” there shall be substituted “10 years”.
</p>
</content>
</subsection>
<subsection eId="section-67-2">
<num>2</num>
<content>
<p>
In section 53(2) of the
<noteRef href="#m00093" placement="inline" class="margin-note"/>
Children and Young Persons Act 1933 (punishment of certain serious crimes), the following shall be inserted after the word “law” in paragraph (a)—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<paragraph eId="d4e8968">
<num>aa</num>
<intro>
<p>a young person is convicted of—</p>
</intro>
<subparagraph eId="d4e8974">
<num>i</num>
<content>
<p>an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving); or</p>
</content>
</subparagraph>
<subparagraph eId="d4e8980">
<num>ii</num>
<content>
<p>an offence under section 3A of that Act (causing death by careless driving while under influence of drink or drugs);</p>
</content>
</subparagraph>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
<section eId="section-68">
<num>68</num>
<heading>Appeals in Scotland against lenient disposals, etc</heading>
<subsection eId="section-68-1">
<num>1</num>
<intro>
<p>
In section 228(1) of the
<noteRef href="#m00094" placement="inline" class="margin-note"/>
Criminal Procedure (Scotland) Act 1975 (right of appeal of person convicted on indictment)—
</p>
</intro>
<paragraph eId="section-68-1-a">
<num>a</num>
<content>
<p>after paragraph (b) (and before the word “or”) insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<paragraph eId="d4e9010">
<num>bb</num>
<content>
<p>against his absolute discharge or admonition;</p>
</content>
</paragraph>
<paragraph eId="d4e9016">
<num>bc</num>
<content>
<p>
against any probation order or any community service order under the
<noteRef href="#m00095" placement="inline" class="margin-note"/>
Community Service by Offenders (Scotland) Act 1978;
</p>
</content>
</paragraph>
<paragraph eId="d4e9024">
<num>bd</num>
<content>
<p>against any order deferring sentence;</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">; and</inline>
</p>
</content>
</paragraph>
<paragraph eId="section-68-1-b">
<num>b</num>
<content>
<p>in paragraph (c), after “sentence” add “or disposal or order”.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-68-2">
<num>2</num>
<intro>
<p>In section 228A of that Act (appeal by Lord Advocate against sentence in solemn proceedings etc.)—</p>
</intro>
<paragraph eId="section-68-2-a">
<num>a</num>
<content>
<p>after “conviction” insert “or against any probation order or any community service order under the Community Service by Offenders (Scotland) Act 1978 or against the person’s absolute discharge or admonition or against any order deferring sentence”; and</p>
</content>
</paragraph>
<paragraph eId="section-68-2-b">
<num>b</num>
<content>
<p>for paragraph (a) substitute—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<paragraph eId="d4e9057">
<num>a</num>
<intro>
<p>if it appears to the Lord Advocate that, as the case may be—</p>
</intro>
<subparagraph eId="d4e9063">
<num>i</num>
<content>
<p>the sentence is unduly lenient;</p>
</content>
</subparagraph>
<subparagraph eId="d4e9069">
<num>ii</num>
<content>
<p>the making of the probation order or community service order is unduly lenient or its terms are unduly lenient;</p>
</content>
</subparagraph>
<subparagraph eId="d4e9075">
<num>iii</num>
<content>
<p>to dismiss with an admonition or to discharge absolutely is unduly lenient; or</p>
</content>
</subparagraph>
<subparagraph eId="d4e9081">
<num>iv</num>
<content>
<p>the deferment of sentence is inappropriate or on unduly lenient conditions;</p>
</content>
</subparagraph>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-68-3">
<num>3</num>
<intro>
<p>In section 442(1) of that Act (rights of appeal in summary proceedings)—</p>
</intro>
<paragraph eId="section-68-3-a">
<num>a</num>
<intro>
<p>in paragraph (a)—</p>
</intro>
<subparagraph eId="section-68-3-a-i">
<num>i</num>
<content>
<p>after “person convicted” insert “, or found to have committed an offence,”;</p>
</content>
</subparagraph>
<subparagraph eId="section-68-3-a-ii">
<num>ii</num>
<content>
<p>in sub-paragraph (i), after “conviction” insert “or finding”;</p>
</content>
</subparagraph>
<subparagraph eId="section-68-3-a-iii">
<num>iii</num>
<content>
<p>after sub-paragraph (ii) (and before the word “or”) insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subparagraph eId="d4e9120">
<num>iia</num>
<content>
<p>
against his absolute discharge or admonition or any probation order or any community service order under the
<noteRef href="#m00096" placement="inline" class="margin-note"/>
Community Service by Offenders (Scotland) Act 1978 or any order deferring sentence;
</p>
</content>
</subparagraph>
</quotedStructure>
</mod>
<inline name="AppendText">; and</inline>
</p>
</content>
</subparagraph>
<subparagraph eId="section-68-3-a-iv">
<num>iv</num>
<content>
<p>in sub-paragraph (iii), after “sentence” add “or disposal or order”; and</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="section-68-3-b">
<num>b</num>
<intro>
<p>in paragraph (c)—</p>
</intro>
<subparagraph eId="section-68-3-b-i">
<num>i</num>
<content>
<p>after “conviction” insert “or, whether the person has been convicted or not, against any probation order or any community service order under the Community Service by Offenders (Scotland) Act 1978 or against the person’s absolute discharge or admonition or against any order deferring sentence”;</p>
</content>
</subparagraph>
<subparagraph eId="section-68-3-b-ii">
<num>ii</num>
<content>
<p>for “the sentence is unduly lenient” substitute—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<p class="run-on">, as the case may be—</p>
<subparagraph eId="d4e9157">
<num>i</num>
<content>
<p>the sentence is unduly lenient;</p>
</content>
</subparagraph>
<subparagraph eId="d4e9163">
<num>ii</num>
<content>
<p>the making of the probation order or community service order is unduly lenient or its terms are unduly lenient;</p>
</content>
</subparagraph>
<subparagraph eId="d4e9169">
<num>iii</num>
<content>
<p>to dismiss with an admonition or to discharge absolutely is unduly lenient; or</p>
</content>
</subparagraph>
<subparagraph eId="d4e9175">
<num>iv</num>
<content>
<p>the deferment of sentence is inappropriate or on unduly lenient conditions;</p>
</content>
</subparagraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subparagraph>
</paragraph>
</subsection>
</section>
<section eId="section-69">
<num>69</num>
<heading>Supervised release of certain young offenders in Scotland</heading>
<content>
<p>
In section 212A of the
<noteRef href="#m00097" placement="inline" class="margin-note"/>
Criminal Procedure (Scotland) Act 1975 (which makes provision for the supervised release of short-term prisoners in Scotland) at the end add—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e9195">
<num>7</num>
<content>
<p>The foregoing provisions of this section apply to a person sentenced under section 207 or 415 of this Act as the provisions apply to a person sentenced to a period of imprisonment.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
<section eId="section-70">
<num>70</num>
<heading>Penalties under implementation regulations</heading>
<subsection eId="section-70-1">
<num>1</num>
<content>
<p>Paragraphs 8(3), 9(2) and 10(3) of Schedule 8 to the Banking Coordination (Second Council Directive) Regulations 1992 shall cease to have effect.</p>
</content>
</subsection>
<subsection eId="section-70-2">
<num>2</num>
<intro>
<p>
Regulations under section 2(2) of the
<noteRef href="#m00098" placement="inline" class="margin-note"/>
European Communities Act 1972 for the purpose of implementing—
</p>
</intro>
<paragraph eId="section-70-2-a">
<num>a</num>
<content>
<p>Article 15 of the Second Banking Co-ordination Directive (which requires the United Kingdom to make provision for the exercise in the United Kingdom by supervisory authorities of other member States of information and inspection powers in relation to institutions authorised by them), or</p>
</content>
</paragraph>
<paragraph eId="section-70-2-b">
<num>b</num>
<content>
<p>Articles 3, 6 and 7 of the Supervision of Credit Institutions Directive (which make similar provision in relation to the consolidated supervision of credit institutions),</p>
</content>
</paragraph>
<wrapUp>
<p>
may, notwithstanding paragraph 1(1)(d) of Schedule 2 to that Act, create offences punishable in the same way as offences under sections 39, 40 and 41 of the
<noteRef href="#m00099" placement="inline" class="margin-note"/>
Banking Act 1987.
</p>
</wrapUp>
</subsection>
<subsection eId="section-70-3">
<num>3</num>
<content>
<p>In this section—</p>
<blockList class="unordered">
<item>
<p>
“the Second Banking Co-ordination Directive” means the
<noteRef href="#m00100" placement="inline" class="margin-note"/>
Community Council Directive No.
<ref href="http://www.legislation.gov.uk/european/directive/1989/0646">89/646/EEC</ref>
on the co-ordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions and amending Directive
<ref href="http://www.legislation.gov.uk/european/directive/1977/0780">77/780/EEC</ref>
; and
</p>
</item>
<item>
<p>
“the Supervision of Credit Institutions Directive” means the
<noteRef href="#m00101" placement="inline" class="margin-note"/>
Community Council Directive No.
<ref href="http://www.legislation.gov.uk/european/directive/1992/0030">92/30/EEC</ref>
on the supervision of credit institutions on a consolidated basis.
</p>
</item>
</blockList>
</content>
</subsection>
<subsection eId="section-70-4">
<num>4</num>
<content>
<p>Subsection (1) shall not affect the punishment for an offence committed before that subsection comes into force.</p>
</content>
</subsection>
</section>
<section eId="section-71">
<num>71</num>
<heading>Offences in connection with taxation etc. in the EC</heading>
<subsection eId="section-71-1">
<num>1</num>
<intro>
<p>A person who, in the United Kingdom, assists in or induces any conduct outside the United Kingdom which involves the commission of a serious offence against the law of another member State is guilty of an offence under this section if—</p>
</intro>
<paragraph eId="section-71-1-a">
<num>a</num>
<content>
<p>the offence involved is one consisting in or including the contravention of provisions of the law of that member State which relate to any of the matters specified in subsection (2);</p>
</content>
</paragraph>
<paragraph eId="section-71-1-b">
<num>b</num>
<content>
<p>the offence involved is one consisting in or including the contravention of other provisions of that law so far as they have effect in relation to any of those matters; or</p>
</content>
</paragraph>
<paragraph eId="section-71-1-c">
<num>c</num>
<content>
<p>the conduct is such as to be calculated to have an effect in that member State in relation to any of those matters.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-71-2">
<num>2</num>
<intro>
<p>The matters mentioned in subsection (1) are—</p>
</intro>
<paragraph eId="section-71-2-a">
<num>a</num>
<content>
<p>the determination, discharge or enforcement of any liability for a Community duty or tax;</p>
</content>
</paragraph>
<paragraph eId="section-71-2-b">
<num>b</num>
<content>
<p>the operation of arrangements under which reliefs or exemptions from any such duty or tax are provided or sums in respect of any such duty or tax are repaid or refunded;</p>
</content>
</paragraph>
<paragraph eId="section-71-2-c">
<num>c</num>
<content>
<p>the making of payments in pursuance of Community arrangements made in connection with the regulation of the market for agricultural products and the enforcement of the conditions of any such payments;</p>
</content>
</paragraph>
<paragraph eId="section-71-2-d">
<num>d</num>
<content>
<p>the movement into or out of any member State of anything in relation to the movement of which any Community instrument imposes, or requires the imposition of, any prohibition or restriction; and</p>
</content>
</paragraph>
<paragraph eId="section-71-2-e">
<num>e</num>
<content>
<p>such other matters in relation to which provision is made by any Community instrument as the Secretary of State may by order specify.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-71-3">
<num>3</num>
<intro>
<p>For the purposes of this section—</p>
</intro>
<paragraph eId="section-71-3-a">
<num>a</num>
<content>
<p>an offence against the law of a member State is a serious offence if provision is in force in that member State authorising the sentencing, in some or all cases, of a person convicted of that offence to imprisonment for a maximum term of twelve months or more; and</p>
</content>
</paragraph>
<paragraph eId="section-71-3-b">
<num>b</num>
<content>
<p>the question whether any conduct involves the commission of such an offence shall be determined according to the law in force in the member State in question at the time of the assistance or inducement.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-71-4">
<num>4</num>
<intro>
<p>In any proceedings against any person for an offence under this section it shall be a defence for that person to show—</p>
</intro>
<paragraph eId="section-71-4-a">
<num>a</num>
<content>
<p>that the conduct in question would not have involved the commission of an offence against the law of the member State in question but for circumstances of which he had no knowledge; and</p>
</content>
</paragraph>
<paragraph eId="section-71-4-b">
<num>b</num>
<content>
<p>that he did not suspect or anticipate the existence of those circumstances and did not have reasonable grounds for doing so.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-71-5">
<num>5</num>
<intro>
<p>For the purposes of any proceedings for an offence under this section, a certificate purporting to be issued by or on behalf of the government of another member State which contains a statement, in relation to such times as may be specified in the certificate—</p>
</intro>
<paragraph eId="section-71-5-a">
<num>a</num>
<content>
<p>that a specified offence existed against the law of that member State,</p>
</content>
</paragraph>
<paragraph eId="section-71-5-b">
<num>b</num>
<content>
<p>that an offence against the law of that member State was a serious offence within the meaning of this section,</p>
</content>
</paragraph>
<paragraph eId="section-71-5-c">
<num>c</num>
<content>
<p>that such an offence consists in or includes the contravention of particular provisions of the law of that member State,</p>
</content>
</paragraph>
<paragraph eId="section-71-5-d">
<num>d</num>
<content>
<p>that specified provisions of the law of that member State relate to, or are capable of having an effect in relation to, particular matters,</p>
</content>
</paragraph>
<paragraph eId="section-71-5-e">
<num>e</num>
<content>
<p>that specified conduct involved the commission of a particular offence against the law of that member State, or</p>
</content>
</paragraph>
<paragraph eId="section-71-5-f">
<num>f</num>
<content>
<p>that a particular effect in that member State in relation to any matter would result from specified conduct,</p>
</content>
</paragraph>
<wrapUp>
<p>shall, in the case of a statement falling within paragraphs (a) to (d), be conclusive of the matters stated and, in the other cases, be evidence, and in Scotland sufficient evidence, of the matters stated.</p>
</wrapUp>
</subsection>
<subsection eId="section-71-6">
<num>6</num>
<intro>
<p>A person guilty of an offence under this section shall be liable—</p>
</intro>
<paragraph eId="section-71-6-a">
<num>a</num>
<content>
<p>on summary conviction, to a penalty of the statutory maximum or to imprisonment for a term not exceeding six months or to both; or</p>
</content>
</paragraph>
<paragraph eId="section-71-6-b">
<num>b</num>
<content>
<p>on conviction on indictment, to a penalty of any amount or to imprisonment for a term not exceeding seven years or to both.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-71-7">
<num>7</num>
<content>
<p>
Sections 145 to 152 and 154 of the
<noteRef href="#m00102" placement="inline" class="margin-note"/>
Customs and Excise Management Act 1979 (general provisions as to legal proceedings) shall apply as if this section were contained in that Act; and an offence under this section shall be treated for all purposes as an offence for which a person is liable to be arrested under the customs and excise Acts.
</p>
</content>
</subsection>
<subsection eId="section-71-8">
<num>8</num>
<content>
<p>The power of the Secretary of State to make an order under subsection (2)(e) shall be exercisable by statutory instrument; and no such order shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.</p>
</content>
</subsection>
<subsection eId="section-71-9">
<num>9</num>
<content>
<p>In this section—</p>
<blockList class="unordered">
<item>
<p>“another member State” means a member State other than the United Kingdom;</p>
</item>
<item>
<p>“Community duty or tax” means any of the following, that is to say—</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>any Community customs duty;</p>
</item>
<item>
<num>b</num>
<p>an agricultural levy of the Economic Community;</p>
</item>
<item>
<num>c</num>
<p>value added tax under the law of another member State;</p>
</item>
<item>
<num>d</num>
<p>any duty or tax on tobacco products, alcoholic liquors or hydrocarbon oils which, in another member State, corresponds to any excise duty;</p>
</item>
<item>
<num>e</num>
<p>any duty, tax or other charge not falling within paragraphs (a) to (d) of this definition which is imposed by or in pursuance of any Community instrument on the movement of goods into or out of any member State;</p>
</item>
</blockList>
</item>
<item>
<p>“conduct” includes acts, omissions and statements;</p>
</item>
<item>
<p>“contravention” includes a failure to comply; and</p>
</item>
<item>
<p>“the customs and excise Acts” has the same meaning as in the Customs and Excise Management Act 1979.</p>
</item>
</blockList>
</content>
</subsection>
<subsection eId="section-71-10">
<num>10</num>
<content>
<p>References in this section, in relation to a Community instrument, to the movement of anything into or out of a member State include references to the movement of anything between member States and to the doing of anything which falls to be treated for the purposes of that instrument as involving the entry into, or departure from, the territory of the Community of any goods (within the meaning of that Act of 1979).</p>
</content>
</subsection>
</section>
<section eId="section-72">
<num>72</num>
<heading>Backing of warrants: safeguards</heading>
<subsection eId="section-72-1">
<num>1</num>
<content>
<p>
The
<noteRef href="#m00103" placement="inline" class="margin-note"/>
Backing of Warrants (Republic of Ireland) Act 1965 shall be amended as follows.
</p>
</content>
</subsection>
<subsection eId="section-72-2">
<num>2</num>
<content>
<p>In section 2 (proceedings before magistrates' courts), the following subsection shall be added at the end—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e9529">
<num>5</num>
<content>
<p>The Secretary of State may by order provide that an order may not be made under subsection (1) of this section if it is shown to the satisfaction of the court that no provision is made in the law of the Republic, in respect of a person delivered up to the Republic by the United Kingdom, corresponding to the provision made by or under sections 6A and 6B of this Act in respect of a person delivered up to the United Kingdom by the Republic.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-72-3">
<num>3</num>
<content>
<p>The following sections shall be inserted after section 6—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e9547">
<num>6A</num>
<heading>Persons delivered up by the Republic: the rule of speciality</heading>
<subsection eId="d4e9551">
<num>1</num>
<content>
<p>The Secretary of State may by order provide that, except in such cases as may be specified in the order, no person delivered up to the United Kingdom under corresponding arrangements in force in the Republic (“the defendant”) may be dealt with for, or in respect of, any offence committed before his surrender, other than the offence for which he was delivered up.</p>
</content>
</subsection>
<subsection eId="d4e9557">
<num>2</num>
<content>
<p>In subsection (1) of this section, “corresponding” means corresponding to provisions contained in this Act.</p>
</content>
</subsection>
<subsection eId="d4e9563">
<num>3</num>
<intro>
<p>Any order under this section may, in particular, specify the following cases for the purposes of subsection (1) of this section—</p>
</intro>
<paragraph eId="d4e9569">
<num>a</num>
<content>
<p>where consent is given by a Minister of the Republic;</p>
</content>
</paragraph>
<paragraph eId="d4e9575">
<num>b</num>
<content>
<p>where the defendant, having had an opportunity to leave the United Kingdom, has not done so within 45 days of his final discharge in respect of the offence for which he was delivered up;</p>
</content>
</paragraph>
<paragraph eId="d4e9581">
<num>c</num>
<content>
<p>where the defendant has, after being returned to the United Kingdom, left the United Kingdom and subsequently returned to it;</p>
</content>
</paragraph>
<paragraph eId="d4e9587">
<num>d</num>
<content>
<p>where the description of the offence charged in the United Kingdom is altered in the course of proceedings but the offence under its new description is shown by its constituent elements to be an offence for which the defendant could have been delivered up under the corresponding legislation.</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="d4e9596">
<num>6B</num>
<heading>Extradition to third country</heading>
<subsection eId="d4e9600">
<num>1</num>
<content>
<p>The Secretary of State may by order provide that, except in such cases as may be specified in the order, no person delivered up to the United Kingdom under corresponding arrangements in force in the Republic (“the defendant”) may be delivered up to a territory other than the Republic to be dealt with for, or in respect of, any offence committed before his surrender to the United Kingdom.</p>
</content>
</subsection>
<subsection eId="d4e9606">
<num>2</num>
<content>
<p>In subsection (1) of this section “corresponding” means corresponding to provisions contained in this Act.</p>
</content>
</subsection>
<subsection eId="d4e9612">
<num>3</num>
<intro>
<p>Any order under this section may, in particular, specify the following cases for the purposes of subsection (1) of this section—</p>
</intro>
<paragraph eId="d4e9618">
<num>a</num>
<content>
<p>where consent is given by a Minister of the Republic;</p>
</content>
</paragraph>
<paragraph eId="d4e9624">
<num>b</num>
<content>
<p>where the defendant, having had an opportunity to leave the United Kingdom, has not done so within 45 days of his final discharge in respect of the offence for which he was delivered up;</p>
</content>
</paragraph>
<paragraph eId="d4e9630">
<num>c</num>
<content>
<p>where the defendant has, after being returned to the United Kingdom, left the United Kingdom and subsequently returned to it.</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="d4e9639">
<num>6C</num>
<heading>Provisions supplementing sections 2(5), 6A and 6B</heading>
<subsection eId="d4e9643">
<num>1</num>
<content>
<p>The power to make an order under section 2(5), 6A or 6B of this Act shall be exercisable by statutory instrument.</p>
</content>
</subsection>
<subsection eId="d4e9649">
<num>2</num>
<content>
<p>Any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.</p>
</content>
</subsection>
<subsection eId="d4e9655">
<num>3</num>
<intro>
<p>Any such order may—</p>
</intro>
<paragraph eId="d4e9661">
<num>a</num>
<content>
<p>make different provision for different cases; and</p>
</content>
</paragraph>
<paragraph eId="d4e9667">
<num>b</num>
<content>
<p>make such incidental or supplemental provision as the Secretary of State considers appropriate.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e9673">
<num>4</num>
<intro>
<p>Any incidental or supplemental provision may, in particular, include—</p>
</intro>
<paragraph eId="d4e9679">
<num>a</num>
<content>
<p>in the case of an order under section 2(5) of this Act, provision as to the circumstances in which, and the presumptions which may be applied in considering whether, provision made by the law of the Republic is to be treated as corresponding to provision made by or under section 6A or 6B of this Act;</p>
</content>
</paragraph>
<paragraph eId="d4e9685">
<num>b</num>
<intro>
<p>in the case of an order under section 6A or 6B of this Act—</p>
</intro>
<subparagraph eId="d4e9691">
<num>i</num>
<content>
<p>provision as to the notification of any consent;</p>
</content>
</subparagraph>
<subparagraph eId="d4e9697">
<num>ii</num>
<content>
<p>provision as to the drawing up of any document to support a request for consent.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="d4e9703">
<num>5</num>
<intro>
<p>Where any consent is notified in accordance with the provisions of an order under section 6A or 6B of this Act—</p>
</intro>
<paragraph eId="d4e9709">
<num>a</num>
<content>
<p>judicial notice shall be taken of that consent; and</p>
</content>
</paragraph>
<paragraph eId="d4e9715">
<num>b</num>
<content>
<p>a certificate of the Secretary of State to the effect that that consent was given in accordance with those provisions shall be evidence without further proof (or in Scotland sufficient evidence).</p>
</content>
</paragraph>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
<section eId="section-73">
<num>73</num>
<heading>Power of Secretary of State to make grants in relation to combating drug misuse</heading>
<subsection eId="section-73-1">
<num>1</num>
<intro>
<p>The Secretary of State may, with the consent of the Treasury, pay such grants, to such persons, as he considers appropriate in connection with measures intended—</p>
</intro>
<paragraph eId="section-73-1-a">
<num>a</num>
<content>
<p>to combat or deal with drug trafficking or the misuse of drugs; or</p>
</content>
</paragraph>
<paragraph eId="section-73-1-b">
<num>b</num>
<content>
<p>to deal with consequences of the misuse of drugs.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-73-2">
<num>2</num>
<content>
<p>Any such grant may be made subject to such conditions as the Secretary of State may, with the agreement of the Treasury, see fit to impose.</p>
</content>
</subsection>
<subsection eId="section-73-3">
<num>3</num>
<content>
<p>Payments under this section shall be made out of money provided by Parliament.</p>
</content>
</subsection>
</section>
<section eId="section-74">
<num>74</num>
<heading>Persons not eligible for early release</heading>
<subsection eId="section-74-1">
<num>1</num>
<content>
<p>
Part II of Schedule 1 to the
<noteRef href="#m00104" placement="inline" class="margin-note"/>
Criminal Justice Act 1982 (persons convicted of offences under certain enactments not eligible for early release) shall be amended as follows.
</p>
</content>
</subsection>
<subsection eId="section-74-2">
<num>2</num>
<content>
<p>
In the entry relating to the
<noteRef href="#m00105" placement="inline" class="margin-note"/>
Drug Trafficking Offences Act 1986, the following paragraph shall be inserted before paragraph 26—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule default" startQuote="" endQuote="">
<paragraph eId="d4e9785">
<num>25A</num>
<content>
<p>Section 23A (acquisition, possession or use of proceeds of drug trafficking).</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-74-3">
<num>3</num>
<content>
<p>
In the entry relating to the
<noteRef href="#m00106" placement="inline" class="margin-note"/>
Criminal Justice Act 1988, the following paragraphs shall be inserted before paragraph 30—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule default" startQuote="" endQuote="">
<paragraph eId="d4e9802">
<num>29A</num>
<content>
<p>Section 93A (assisting another to retain the benefit of criminal conduct).</p>
</content>
</paragraph>
<paragraph eId="d4e9808">
<num>29B</num>
<content>
<p>Section 93B (acquisition, possession or use of proceeds of criminal conduct).</p>
</content>
</paragraph>
<paragraph eId="d4e9814">
<num>29C</num>
<content>
<p>Section 93C (concealing or transferring proceeds of criminal conduct).</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
<section eId="section-75">
<num>75</num>
<heading>Compassionate release of certain children and other persons in Scotland</heading>
<subsection eId="section-75-1">
<num>1</num>
<content>
<p>
In section 7(5) of the
<noteRef href="#m00107" placement="inline" class="margin-note"/>
Prisoners and Criminal Proceedings (Scotland) Act 1993 (which applies provisions of that Act to certain children), for “Sections”, where it first occurs, substitute “Without prejudice to section 6(1)(b)(ii) of this Act, sections 3,”.
</p>
</content>
</subsection>
<subsection eId="section-75-2">
<num>2</num>
<content>
<p>In paragraph 2(2) of Schedule 6 to that Act (which makes transitional provision as respects release on licence on compassionate grounds) after “Act” insert “, and sections 12 and 17 of this Act in so far as relating to a licence granted, or person released, by virtue of this sub-paragraph,”.</p>
</content>
</subsection>
</section>
<section eId="section-76">
<num>76</num>
<heading>Life prisoners transferred to Scotland</heading>
<subsection eId="section-76-1">
<num>1</num>
<content>
<p>The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall be amended as follows.</p>
</content>
</subsection>
<subsection eId="section-76-2">
<num>2</num>
<intro>
<p>In section 10 (life prisoners transferred to Scotland)—</p>
</intro>
<paragraph eId="section-76-2-a">
<num>a</num>
<content>
<p>in subsection (1), the words “(whether before or after the commencement of this section)” shall cease to have effect;</p>
</content>
</paragraph>
<paragraph eId="section-76-2-b">
<num>b</num>
<content>
<p>in subsection (2), after “life prisoner” insert “, except such case as is mentioned in paragraph 7 of Schedule 6 to this Act,”; and</p>
</content>
</paragraph>
<paragraph eId="section-76-2-c">
<num>c</num>
<intro>
<p>in subsection (4)—</p>
</intro>
<subparagraph eId="section-76-2-c-i">
<num>i</num>
<content>
<p>in paragraph (a), after “has” insert “(whether before or after the commencement of this section)”; and</p>
</content>
</subparagraph>
<subparagraph eId="section-76-2-c-ii">
<num>ii</num>
<content>
<p>in paragraph (b), after “Scotland” insert “(whether before or after that commencement)”.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="section-76-3">
<num>3</num>
<intro>
<p>In Schedule 6 (transitional provisions and savings)—</p>
</intro>
<paragraph eId="section-76-3-a">
<num>a</num>
<content>
<p>in paragraph 1, in the definition of “existing life prisoner”, after “person” insert “(other than a transferred life prisoner)”;</p>
</content>
</paragraph>
<paragraph eId="section-76-3-b">
<num>b</num>
<content>
<p>in paragraph 2(1), for “paragraph 7 below” substitute “to section 10(4) of this Act”; and</p>
</content>
</paragraph>
<paragraph eId="section-76-3-c">
<num>c</num>
<content>
<p>for paragraph 7 substitute—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule default" startQuote="" endQuote="">
<paragraph eId="d4e9917">
<num>7</num>
<content>
<p>
In the case of a transferred life prisoner who is a discretionary life prisoner for the purposes of Part II of the
<noteRef href="#m00108" placement="inline" class="margin-note"/>
Criminal Justice Act 1991 by virtue of section 48 of or paragraph 9 of Schedule 12 to that Act, subsection (3) of section 10 of this Act applies and the certificate mentioned in paragraph (b) of that subsection is the certificate under the said section 48 or paragraph 9.
</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="section-77">
<num>77</num>
<heading>Power to extend certain offences to Crown servants and to exempt regulators etc</heading>
<content>
<p>Schedule 4, which confers power on the Secretary of State to make regulations extending certain provisions to Crown servants and to make regulations exempting persons from certain offences, shall have effect.</p>
</content>
</section>
</part>
<part eId="part-VII">
<num>PART VII</num>
<heading>SUPPLEMENTARY</heading>
<section eId="section-78">
<num>78</num>
<heading>Commencement etc</heading>
<subsection eId="section-78-1">
<num>1</num>
<content>
<p>Sections 70 and 71 shall come into force at the end of the period of two months beginning with the day on which this Act is passed.</p>
</content>
</subsection>
<subsection eId="section-78-2">
<num>2</num>
<content>
<p>
Sections 68, 69, 75, 76 and 79(1) to (12), paragraph 2 of Schedule 5 and, in so far as relating to the
<noteRef href="#m00109" placement="inline" class="margin-note"/>
Criminal Procedure (Scotland) Act 1975 and the
<noteRef href="#m00110" placement="inline" class="margin-note"/>
Prisoners and Criminal Proceedings (Scotland) Act 1993, Schedule 6, shall come into force on the passing of this Act.
</p>
</content>
</subsection>
<subsection eId="section-78-3">
<num>3</num>
<content>
<p>The other provisions of 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.</p>
</content>
</subsection>
<subsection eId="section-78-4">
<num>4</num>
<content>
<p>Different days may be appointed under subsection (3) for different provisions and different purposes.</p>
</content>
</subsection>
<subsection eId="section-78-5">
<num>5</num>
<content>
<p>Nothing in any provision in Part I applies to any act, omission or other event occurring before the coming into force of that provision.</p>
</content>
</subsection>
<subsection eId="section-78-6">
<num>6</num>
<content>
<p>Where a person is charged with a relevant offence which was committed before the coming into force of a provision of Part II, Part III, or (as the case may be) Part IV, that provision shall not affect the question whether or not that person is guilty of the offence or the powers of the court in the event of his being convicted of that offence.</p>
</content>
</subsection>
<subsection eId="section-78-7">
<num>7</num>
<intro>
<p>
Section 4A(3) and (4) of the
<noteRef href="#m00111" placement="inline" class="margin-note"/>
Drug Trafficking Offences Act 1986 (inserted by section 14) shall not apply to any proceedings—
</p>
</intro>
<paragraph eId="section-78-7-a">
<num>a</num>
<content>
<p>for an offence committed before the commencement of section 14; or</p>
</content>
</paragraph>
<paragraph eId="section-78-7-b">
<num>b</num>
<content>
<p>for one or more offences, any one of which was so committed.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-78-8">
<num>8</num>
<intro>
<p>
Section 52B(3) and (4) of the
<noteRef href="#m00112" placement="inline" class="margin-note"/>
Northern Ireland (Emergency Provisions) Act 1991 (inserted by section 42) shall not apply to any proceedings—
</p>
</intro>
<paragraph eId="section-78-8-a">
<num>a</num>
<content>
<p>for an offence committed before the commencement of section 42; or</p>
</content>
</paragraph>
<paragraph eId="section-78-8-b">
<num>b</num>
<content>
<p>for one or more offences, any one of which was so committed.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-78-9">
<num>9</num>
<content>
<p>In subsection (6) “relevant offence” means an offence in relation to which provision is made by Part II, Part III or Part IV, other than an offence created by that Part.</p>
</content>
</subsection>
<subsection eId="section-78-10">
<num>10</num>
<content>
<p>An order under subsection (3) may contain such transitional provisions and savings as the Secretary of State considers appropriate.</p>
</content>
</subsection>
<subsection eId="section-78-11">
<num>11</num>
<content>
<p>
For the purposes of section 27 of the
<noteRef href="#m00113" placement="inline" class="margin-note"/>
Prevention of Terrorism (Temporary Provisions) Act 1989 (temporary provisions), any amendment made in that Act by a provision of Part IV of, or paragraph 15 of Schedule 5 to, this Act shall be treated, as from the time when that provision comes into force, as having been continued in force by the order under subsection (6) of that section which has effect at that time.
</p>
</content>
</subsection>
<subsection eId="section-78-12">
<num>12</num>
<content>
<p>
For the purposes of section 69 of the
<noteRef href="#m00114" placement="inline" class="margin-note"/>
Northern Ireland (Emergency Provisions) Act 1991 (temporary provisions), any amendment made in that Act by a provision of Part IV of, or paragraph 17(1), (2), (5), (6) and (7) of Schedule 5 to, this Act (other than sections 43 and 45) shall be treated, as from the time when that provision comes into force, as having been continued in force by the order under section 69(3) of the Act of 1991 which has effect at that time.
</p>
</content>
</subsection>
</section>
<section eId="section-79">
<num>79</num>
<heading>Short title, extent etc</heading>
<subsection eId="section-79-1">
<num>1</num>
<content>
<p>This Act may be cited as the Criminal Justice Act 1993.</p>
</content>
</subsection>
<subsection eId="section-79-2">
<num>2</num>
<content>
<p>The following provisions of this Act extend to the United Kingdom—</p>
<blockList class="unordered">
<item>
<p>Part V;</p>
</item>
<item>
<p>sections 21(1) and (3)(h), 23, 24, 45 to 51, 70 to 72, 77, 78 and this section;</p>
</item>
<item>
<p>Schedules 1 and 2; and</p>
</item>
<item>
<p>paragraphs 4, 5 and 6 of Schedule 4.</p>
</item>
</blockList>
</content>
</subsection>
<subsection eId="section-79-3">
<num>3</num>
<content>
<p>The following provisions of this Act extend only to Great Britain—</p>
<blockList class="unordered">
<item>
<p>sections 13(9) to (11), 21(3)(e), 24(2), (3) and (7) to (10), 29 to 32, 34(1), 35, 67(1) and 73; and</p>
</item>
<item>
<p>paragraph 3 of Schedule 4.</p>
</item>
</blockList>
</content>
</subsection>
<subsection eId="section-79-4">
<num>4</num>
<content>
<p>The following provisions of this Act extend only to Scotland—</p>
<blockList class="unordered">
<item>
<p>sections 17, 19, 20(2), 21(3)(c) and (d), 22(2), 24(12) to (15), 26(2), 33, 68, 69, 75 and 76; and</p>
</item>
<item>
<p>paragraph 2 of Schedule 4.</p>
</item>
</blockList>
</content>
</subsection>
<subsection eId="section-79-5">
<num>5</num>
<content>
<p>Sections 21(3)(f) and 34(2) extend to Scotland and Northern Ireland only.</p>
</content>
</subsection>
<subsection eId="section-79-6">
<num>6</num>
<content>
<p>Sections 36 to 44 extend only to Northern Ireland.</p>
</content>
</subsection>
<subsection eId="section-79-7">
<num>7</num>
<content>
<p>Section 72 also extends to the Channel Islands and the Isle of Man.</p>
</content>
</subsection>
<subsection eId="section-79-8">
<num>8</num>
<content>
<p>The provisions of Schedules 5 and 6 have the same extent as the provisions on which they operate.</p>
</content>
</subsection>
<subsection eId="section-79-9">
<num>9</num>
<content>
<p>Otherwise, this Act extends to England and Wales only.</p>
</content>
</subsection>
<subsection eId="section-79-10">
<num>10</num>
<content>
<p>Her Majesty may by Order in Council direct that such provisions of this Act as may be specified in the Order shall extend, with such exceptions and modifications as appear to Her Majesty to be appropriate, to any colony.</p>
</content>
</subsection>
<subsection eId="section-79-11">
<num>11</num>
<content>
<p>
Subject to any Order made after the passing of this Act by virtue of subsection (1)(a) of section 3 of the
<noteRef href="#m00115" placement="inline" class="margin-note"/>
Northern Ireland Constitution Act 1973, the regulation of insider dealing shall not be a transferred matter for the purposes of that Act but shall for the purposes of subsection (2) of that section be treated as specified in Schedule 3 to that Act.
</p>
</content>
</subsection>
<subsection eId="section-79-12">
<num>12</num>
<intro>
<p>
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the
<noteRef href="#m00116" placement="inline" class="margin-note"/>
Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to purposes of any of sections 16, 18 and 29 to 32—
</p>
</intro>
<paragraph eId="section-79-12-a">
<num>a</num>
<content>
<p>shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but</p>
</content>
</paragraph>
<paragraph eId="section-79-12-b">
<num>b</num>
<content>
<p>shall be subject to annulment in pursuance of a resolution of either House of Parliament.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-79-13">
<num>13</num>
<content>
<p>Schedule 5 (consequential amendments) shall have effect.</p>
</content>
</subsection>
<subsection eId="section-79-14">
<num>14</num>
<content>
<p>The repeals and revocations set out in Schedule 6 (which include the repeal of two enactments which are spent) shall have effect.</p>
</content>
</subsection>
</section>
</part>
<hcontainer name="schedules" eId="d4e10200">
<heading>SCHEDULES</heading>
<hcontainer name="schedule" eId="schedule-1">
<num>
SCHEDULE 1
<authorialNote class="referenceNote" placement="right">
<p>Section 53(4).</p>
</authorialNote>
</num>
<heading>Special defences</heading>
<hcontainer name="crossheading" eId="schedule-1-crossheading-market-makers">
<heading>Market makers</heading>
<paragraph eId="schedule-1-paragraph-1">
<num>1</num>
<subparagraph eId="schedule-1-paragraph-1-1">
<num>1</num>
<intro>
<p>An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows that he acted in good faith in the course of—</p>
</intro>
<paragraph eId="schedule-1-paragraph-1-1-a">
<num>a</num>
<content>
<p>his business as a market maker, or</p>
</content>
</paragraph>
<paragraph eId="schedule-1-paragraph-1-1-b">
<num>b</num>
<content>
<p>his employment in the business of a market maker.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-1-paragraph-1-2">
<num>2</num>
<intro>
<p>A market maker is a person who—</p>
</intro>
<paragraph eId="schedule-1-paragraph-1-2-a">
<num>a</num>
<content>
<p>holds himself out at all normal times in compliance with the rules of a regulated market or an approved organisation as willing to acquire or dispose of securities; and</p>
</content>
</paragraph>
<paragraph eId="schedule-1-paragraph-1-2-b">
<num>b</num>
<content>
<p>is recognised as doing so under those rules.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-1-paragraph-1-3">
<num>3</num>
<content>
<p>
In this paragraph “approved organisation” means an international securities self-regulating organisation approved under paragraph 25B of Schedule 1 to the
<noteRef href="#m00117" placement="inline" class="margin-note"/>
Financial Services Act 1986.
</p>
</content>
</subparagraph>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-1-crossheading-market-information">
<heading>Market information</heading>
<paragraph eId="schedule-1-paragraph-2">
<num>2</num>
<subparagraph eId="schedule-1-paragraph-2-1">
<num>1</num>
<intro>
<p>An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows that—</p>
</intro>
<paragraph eId="schedule-1-paragraph-2-1-a">
<num>a</num>
<content>
<p>the information which he had as an insider was market information; and</p>
</content>
</paragraph>
<paragraph eId="schedule-1-paragraph-2-1-b">
<num>b</num>
<content>
<p>it was reasonable for an individual in his position to have acted as he did despite having that information as an insider at the time.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-1-paragraph-2-2">
<num>2</num>
<intro>
<p>In determining whether it is reasonable for an individual to do any act despite having market information at the time, there shall, in particular, be taken into account—</p>
</intro>
<paragraph eId="schedule-1-paragraph-2-2-a">
<num>a</num>
<content>
<p>the content of the information;</p>
</content>
</paragraph>
<paragraph eId="schedule-1-paragraph-2-2-b">
<num>b</num>
<content>
<p>the circumstances in which he first had the information and in what capacity; and</p>
</content>
</paragraph>
<paragraph eId="schedule-1-paragraph-2-2-c">
<num>c</num>
<content>
<p>the capacity in which he now acts.</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
<paragraph eId="schedule-1-paragraph-3">
<num>3</num>
<intro>
<p>An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows—</p>
</intro>
<paragraph eId="schedule-1-paragraph-3-a">
<num>a</num>
<intro>
<p>that he acted—</p>
</intro>
<subparagraph eId="schedule-1-paragraph-3-a-i">
<num>i</num>
<content>
<p>in connection with an acquisition or disposal which was under consideration or the subject of negotiation, or in the course of a series of such acquisitions or disposals; and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-1-paragraph-3-a-ii">
<num>ii</num>
<content>
<p>with a view to facilitating the accomplishment of the acquisition or disposal or the series of acquisitions or disposals; and</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-1-paragraph-3-b">
<num>b</num>
<content>
<p>that the information which he had as an insider was market information arising directly out of his involvement in the acquisition or disposal or series of acquisitions or disposals.</p>
</content>
</paragraph>
</paragraph>
<paragraph eId="schedule-1-paragraph-4">
<num>4</num>
<intro>
<p>For the purposes of paragraphs 2 and 3 market information is information consisting of one or more of the following facts—</p>
</intro>
<paragraph eId="schedule-1-paragraph-4-a">
<num>a</num>
<content>
<p>that securities of a particular kind have been or are to be acquired or disposed of, or that their acquisition or disposal is under consideration or the subject of negotiation;</p>
</content>
</paragraph>
<paragraph eId="schedule-1-paragraph-4-b">
<num>b</num>
<content>
<p>that securities of a particular kind have not been or are not to be acquired or disposed of;</p>
</content>
</paragraph>
<paragraph eId="schedule-1-paragraph-4-c">
<num>c</num>
<content>
<p>the number of securities acquired or disposed of or to be acquired or disposed of or whose acquisition or disposal is under consideration or the subject of negotiation;</p>
</content>
</paragraph>
<paragraph eId="schedule-1-paragraph-4-d">
<num>d</num>
<content>
<p>the price (or range of prices) at which securities have been or are to be acquired or disposed of or the price (or range of prices) at which securities whose acquisition or disposal is under consideration or the subject of negotiation may be acquired or disposed of;</p>
</content>
</paragraph>
<paragraph eId="schedule-1-paragraph-4-e">
<num>e</num>
<content>
<p>the identity of the persons involved or likely to be involved in any capacity in an acquisition or disposal.</p>
</content>
</paragraph>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-1-crossheading-price-stabilisation">
<heading>Price stabilisation</heading>
<paragraph eId="schedule-1-paragraph-5">
<num>5</num>
<subparagraph eId="schedule-1-paragraph-5-1">
<num>1</num>
<content>
<p>An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows that he acted in conformity with the price stabilisation rules.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-1-paragraph-5-2">
<num>2</num>
<intro>
<p>In this paragraph “the price stabilisation rules” means rules which—</p>
</intro>
<paragraph eId="schedule-1-paragraph-5-2-a">
<num>a</num>
<content>
<p>
are made under section 48 of the
<noteRef href="#m00118" placement="inline" class="margin-note"/>
Financial Services Act 1986 (conduct of business rules); and
</p>
</content>
</paragraph>
<paragraph eId="schedule-1-paragraph-5-2-b">
<num>b</num>
<content>
<p>make provision of a description mentioned in paragraph (i) of subsection (2) of that section (price stabilisation rules).</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
</hcontainer>
</hcontainer>
<hcontainer name="schedule" eId="schedule-2">
<num>
SCHEDULE 2
<authorialNote class="referenceNote" placement="right">
<p>Section 54.</p>
</authorialNote>
</num>
<heading>Securities</heading>
<hcontainer name="crossheading" eId="schedule-2-crossheading-shares">
<heading>Shares</heading>
<paragraph eId="schedule-2-paragraph-1">
<num>1</num>
<content>
<p>Shares and stock in the share capital of a company (“shares”).</p>
</content>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-2-crossheading-debt-securities">
<heading>Debt securities</heading>
<paragraph eId="schedule-2-paragraph-2">
<num>2</num>
<content>
<p>Any instrument creating or acknowledging indebtedness which is issued by a company or public sector body, including, in particular, debentures, debenture stock, loan stock, bonds and certificates of deposit (“debt securities”).</p>
</content>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-2-crossheading-warrants">
<heading>Warrants</heading>
<paragraph eId="schedule-2-paragraph-3">
<num>3</num>
<content>
<p>Any right (whether conferred by warrant or otherwise) to subscribe for shares or debt securities (“warrants”).</p>
</content>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-2-crossheading-depositary-receipts">
<heading>Depositary receipts</heading>
<paragraph eId="schedule-2-paragraph-4">
<num>4</num>
<subparagraph eId="schedule-2-paragraph-4-1">
<num>1</num>
<content>
<p>The rights under any depositary receipt.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-4-2">
<num>2</num>
<intro>
<p>For the purposes of sub-paragraph (1) a “depositary receipt” means a certificate or other record (whether or not in the form of a document)—</p>
</intro>
<paragraph eId="schedule-2-paragraph-4-2-a">
<num>a</num>
<content>
<p>which is issued by or on behalf of a person who holds any relevant securities of a particular issuer; and</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-4-2-b">
<num>b</num>
<content>
<p>which acknowledges that another person is entitled to rights in relation to the relevant securities or relevant securities of the same kind.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-4-3">
<num>3</num>
<content>
<p>In sub-paragraph (2) “relevant securities” means shares, debt securities and warrants.</p>
</content>
</subparagraph>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-2-crossheading-options">
<heading>Options</heading>
<paragraph eId="schedule-2-paragraph-5">
<num>5</num>
<content>
<p>Any option to acquire or dispose of any security falling within any other paragraph of this Schedule.</p>
</content>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-2-crossheading-futures">
<heading>Futures</heading>
<paragraph eId="schedule-2-paragraph-6">
<num>6</num>
<subparagraph eId="schedule-2-paragraph-6-1">
<num>1</num>
<content>
<p>Rights under a contract for the acquisition or disposal of relevant securities under which delivery is to be made at a future date and at a price agreed when the contract is made.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-6-2">
<num>2</num>
<intro>
<p>In sub-paragraph (1)—</p>
</intro>
<paragraph eId="schedule-2-paragraph-6-2-a">
<num>a</num>
<content>
<p>the references to a future date and to a price agreed when the contract is made include references to a date and a price determined in accordance with terms of the contract; and</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-6-2-b">
<num>b</num>
<content>
<p>“relevant securities” means any security falling within any other paragraph of this Schedule.</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-2-crossheading-contracts-for-differences">
<heading>Contracts for differences</heading>
<paragraph eId="schedule-2-paragraph-7">
<num>7</num>
<subparagraph eId="schedule-2-paragraph-7-1">
<num>1</num>
<intro>
<p>Rights under a contract which does not provide for the delivery of securities but whose purpose or pretended purpose is to secure a profit or avoid a loss by reference to fluctuations in—</p>
</intro>
<paragraph eId="schedule-2-paragraph-7-1-a">
<num>a</num>
<content>
<p>a share index or other similar factor connected with relevant securities;</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-7-1-b">
<num>b</num>
<content>
<p>the price of particular relevant securities; or</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-7-1-c">
<num>c</num>
<content>
<p>the interest rate offered on money placed on deposit.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-7-2">
<num>2</num>
<content>
<p>In sub-paragraph (1) “relevant securities” means any security falling within any other paragraph of this Schedule.</p>
</content>
</subparagraph>
</paragraph>
</hcontainer>
</hcontainer>
<hcontainer name="schedule" eId="schedule-3">
<num>
SCHEDULE 3
<authorialNote class="referenceNote" placement="right">
<p>Section 65(3).</p>
</authorialNote>
</num>
<heading>Financial penalties</heading>
<hcontainer name="crossheading" eId="schedule-3-crossheading-increases-in-certain-maximum-fines">
<heading>Increases in certain maximum fines</heading>
<paragraph eId="schedule-3-paragraph-1">
<num>1</num>
<subparagraph eId="schedule-3-paragraph-1-1">
<num>1</num>
<content>
<p>
In section 17 of the
<noteRef href="#m00119" placement="inline" class="margin-note"/>
Criminal Justice Act 1991 (increases in certain maximum fines), subsection (3)(e) shall cease to have effect.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-1-2">
<num>2</num>
<content>
<p>In Schedule 4 to that Act (increase of certain maxima) Part V shall cease to have effect.</p>
</content>
</subparagraph>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-3-crossheading-statements-as-to-offenders-financial-circumstances">
<heading>Statements as to offenders' financial circumstances</heading>
<paragraph eId="schedule-3-paragraph-2">
<num>2</num>
<subparagraph eId="schedule-3-paragraph-2-1">
<num>1</num>
<content>
<p>In section 20 of the Act of 1991 (statements as to offenders' means) the following shall be substituted for subsection (1)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e10605">
<num>1</num>
<content>
<p>Where a person has been convicted of an offence, the court may, before sentencing him, make a financial circumstances order with respect to him.</p>
</content>
</subsection>
<subsection eId="d4e10611">
<num>1A</num>
<content>
<p>
Where a magistrates' court has been notified in accordance with section 12(2) of the
<noteRef href="#m00120" placement="inline" class="margin-note"/>
Magistrates' Courts Act 1980 that a person desires to plead guilty without appearing before the court, the court may make a financial circumstances order with respect to him.
</p>
</content>
</subsection>
<subsection eId="d4e10619">
<num>1B</num>
<content>
<p>
Before exercising its powers under section 55 of the
<noteRef href="#m00121" placement="inline" class="margin-note"/>
Children and Young Persons Act 1933 against the parent or guardian of any person who has been convicted of an offence, the court may make a financial circumstances order with respect to the parent or (as the case may be) guardian.
</p>
</content>
</subsection>
<subsection eId="d4e10627">
<num>1C</num>
<content>
<p>In this section “a financial circumstances order” means, in relation to any person, an order requiring him to give to the court, within such period as may be specified in the order, such a statement of his financial circumstances as the court may require.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-2-2">
<num>2</num>
<content>
<p>In subsections (2) and (3) of section 20 of the Act of 1991, for the words “an order under subsection (1) above” there shall be substituted “a financial circumstances order”.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-2-3">
<num>3</num>
<content>
<p>Section 20(5) of the Act of 1991 shall cease to have effect.</p>
</content>
</subparagraph>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-3-crossheading-remission-of-fines">
<heading>Remission of fines</heading>
<paragraph eId="schedule-3-paragraph-3">
<num>3</num>
<content>
<p>The following section shall be substituted for section 21 of the Act of 1991 (remission of fines)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e10660">
<num>21</num>
<heading>Remission of fines. </heading>
<subsection eId="d4e10664">
<num>1</num>
<content>
<p>This section applies where a court has, in fixing the amount of a fine, determined the offender’s financial circumstances under section 18(4) above.</p>
</content>
</subsection>
<subsection eId="d4e10670">
<num>2</num>
<intro>
<p>If, on subsequently inquiring into the offender’s financial circumstances, the court is satisfied that had it had the results of that inquiry when sentencing the offender it would—</p>
</intro>
<paragraph eId="d4e10676">
<num>a</num>
<content>
<p>have fixed a smaller amount; or</p>
</content>
</paragraph>
<paragraph eId="d4e10682">
<num>b</num>
<content>
<p>not have fined him,</p>
</content>
</paragraph>
<wrapUp>
<p>it may remit the whole or any part of the fine.</p>
</wrapUp>
</subsection>
<subsection eId="d4e10690">
<num>3</num>
<content>
<p>
Where under this section the court remits the whole or part of a fine after a term of imprisonment has been fixed under section 82(5) of the
<noteRef href="#m00122" placement="inline" class="margin-note"/>
Magistrates' Courts Act 1980 (issue of warrant of commitment for default) or section 31 of the
<noteRef href="#m00123" placement="inline" class="margin-note"/>
Powers of Criminal Courts Act 1973 (powers of Crown Court in relation to fines), it shall reduce the term by the corresponding proportion.
</p>
</content>
</subsection>
<subsection eId="d4e10700">
<num>4</num>
<content>
<p>In calculating any reduction required by subsection (3) above, any fraction of a day shall be ignored.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-3-crossheading-default-in-paying-unit-fines">
<heading>Default in paying unit fines</heading>
<paragraph eId="schedule-3-paragraph-4">
<num>4</num>
<content>
<p>Section 22 of the Act of 1991 (default in paying fines fixed under section 18 of that Act) shall cease to have effect.</p>
</content>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-3-crossheading-responsibility-of-parents-and-guardians">
<heading>Responsibility of parents and guardians</heading>
<paragraph eId="schedule-3-paragraph-5">
<num>5</num>
<content>
<p>In section 57 of the Act of 1991 (responsibility of parent or guardian for financial penalties), the following shall be substituted for subsections (3) and (4)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e10727">
<num>3</num>
<intro>
<p>For the purposes of any order under that section made against the parent or guardian of a child or young person—</p>
</intro>
<paragraph eId="d4e10733">
<num>a</num>
<content>
<p>sections 18 and 21 above; and</p>
</content>
</paragraph>
<paragraph eId="d4e10739">
<num>b</num>
<content>
<p>section 35(4)(a) of the 1973 Act (fixing amount of compensation order),</p>
</content>
</paragraph>
<wrapUp>
<p>shall have effect (so far as applicable) as if any reference to the financial circumstances of the offender, or (as the case may be) to the means of the person against whom the compensation order is made, were a reference to the financial circumstances of the parent or guardian.</p>
</wrapUp>
</subsection>
<subsection eId="d4e10747">
<num>4</num>
<intro>
<p>
For the purposes of any such order made against a local authority (as defined for the purposes of the
<noteRef href="#m00124" placement="inline" class="margin-note"/>
Children Act 1989)—
</p>
</intro>
<paragraph eId="d4e10755">
<num>a</num>
<content>
<p>section 18(1) above, and section 35(4)(a) of the 1973 Act, shall not apply, and</p>
</content>
</paragraph>
<paragraph eId="d4e10761">
<num>b</num>
<content>
<p>section 18(3) above shall apply as if the words from “including” to the end were omitted.</p>
</content>
</paragraph>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-3-crossheading-other-amendments">
<heading>Other amendments</heading>
<paragraph eId="schedule-3-paragraph-6">
<num>6</num>
<subparagraph eId="schedule-3-paragraph-6-1">
<num>1</num>
<content>
<p>
In section 15 of the
<noteRef href="#m00125" placement="inline" class="margin-note"/>
Children and Young Persons Act 1969 (variation and discharge of supervision orders), the following subsection shall be substituted for subsection (7)—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e10785">
<num>7</num>
<content>
<p>A fine imposed under subsection (3) or (4) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-6-2">
<num>2</num>
<content>
<p>
In section 27 of the
<noteRef href="#m00126" placement="inline" class="margin-note"/>
Powers of Criminal Courts Act 1973 (breach of requirement of suspended sentence supervision order), the following subsection shall be substituted for subsection (4)—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e10802">
<num>4</num>
<content>
<p>A fine imposed under subsection (3) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-6-3">
<num>3</num>
<content>
<p>
In section 97 of the
<noteRef href="#m00127" placement="inline" class="margin-note"/>
Magistrates' Courts Act 1980 (maximum fine for refusal to give evidence), the following subsection shall be substituted for subsection (5)—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e10819">
<num>5</num>
<content>
<p>A fine imposed under subsection (4) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-6-4">
<num>4</num>
<content>
<p>
In section 12 of the
<noteRef href="#m00128" placement="inline" class="margin-note"/>
Contempt of Court Act 1981 (maximum fine for contempt in face of magistrates' court), the following subsection shall be substituted for subsection (2A)—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e10836">
<num>2A</num>
<content>
<p>A fine imposed under subsection (2) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-6-5">
<num>5</num>
<content>
<p>
In section 14 of that Act (maximum fine for contempt in an inferior court), the following subsection shall be substituted for the subsection (2A) inserted by the
<noteRef href="#m00129" placement="inline" class="margin-note"/>
Criminal Justice Act 1991—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e10853">
<num>2A</num>
<content>
<p>A fine imposed under subsection (2) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-6-6">
<num>6</num>
<content>
<p>In section 58 of the Criminal Justice Act 1991 (binding over of parent or guardian), the following subsection shall be substituted for subsection (4)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e10868">
<num>4</num>
<content>
<p>A fine imposed under subsection (2)(b) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-6-7">
<num>7</num>
<content>
<p>In paragraph 6 of Schedule 2 to the Criminal Justice Act 1991 (miscellaneous supplemental provisions), the following sub-paragraph shall be substituted for sub-paragraph (2)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule default" startQuote="" endQuote="">
<subparagraph eId="d4e10883">
<num>2</num>
<content>
<p>A fine imposed under paragraph 3(1)(a) or 4(1)(a) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.</p>
</content>
</subparagraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subparagraph>
</paragraph>
</hcontainer>
</hcontainer>
<hcontainer name="schedule" eId="schedule-4">
<num>
Schedule 4
<authorialNote class="referenceNote" placement="right">
<p>Section 77.</p>
</authorialNote>
</num>
<heading>Extensions and Exemptions</heading>
<hcontainer name="crossheading" eId="schedule-4-crossheading-the-drug-trafficking-offences-act-1986-c-32">
<heading>
The Drug Trafficking Offences Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 (c. 32)</ref>
</heading>
<paragraph eId="schedule-4-paragraph-1">
<num>1</num>
<content>
<p>The following section shall be inserted in the Drug Trafficking Offences Act 1986, after section 36A—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e10915">
<num>36B</num>
<heading>Extension of certain offences to Crown servants and exemptions for regulators etc. </heading>
<subsection eId="d4e10919">
<num>1</num>
<content>
<p>The Secretary of State may by regulations provide that, in such circumstances as may be prescribed, sections 23A, 24, 26B, 26C and 31 of this Act shall apply to such persons in the public service of the Crown, or such categories of person in that service, as may be prescribed.</p>
</content>
</subsection>
<subsection eId="d4e10925">
<num>2</num>
<intro>
<p>Section 26B of this Act shall not apply to—</p>
</intro>
<paragraph eId="d4e10931">
<num>a</num>
<content>
<p>any person designated by regulations made by the Secretary of State for the purpose of this paragraph; or</p>
</content>
</paragraph>
<paragraph eId="d4e10937">
<num>b</num>
<content>
<p>in such circumstances as may be prescribed, any person who falls within such category of person as may be prescribed for the purpose of this paragraph.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e10943">
<num>3</num>
<content>
<p>The Secretary of State may designate, for the purpose of paragraph (a) of subsection (2) above, any person appearing to him to be performing regulatory, supervisory, investigative or registration functions.</p>
</content>
</subsection>
<subsection eId="d4e10949">
<num>4</num>
<content>
<p>The categories of person prescribed by the Secretary of State, for the purpose of paragraph (b) of subsection (2) above, shall be such categories of person connected with the performance by any designated person of regulatory, supervisory, investigative or registration functions as he considers it appropriate to prescribe.</p>
</content>
</subsection>
<subsection eId="d4e10955">
<num>5</num>
<content>
<p>In this section—</p>
<blockList class="unordered">
<item>
<p>“the Crown” includes the Crown in right of Her Majesty’s Government in Northern Ireland; and</p>
</item>
<item>
<p>“prescribed” means prescribed by regulations made by the Secretary of State.</p>
</item>
</blockList>
</content>
</subsection>
<subsection eId="d4e10970">
<num>6</num>
<content>
<p>The power to make regulations under this section shall be exercisable by statutory instrument.</p>
</content>
</subsection>
<subsection eId="d4e10976">
<num>7</num>
<content>
<p>Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-4-crossheading-the-criminal-justice-scotland-act-1987-c-41">
<heading>
The Criminal Justice (Scotland) Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1987/41">1987 (c. 41)</ref>
</heading>
<paragraph eId="schedule-4-paragraph-2">
<num>2</num>
<intro>
<p>The same section as is inserted in the Act of 1986 by paragraph 1 shall be inserted in the Criminal Justice (Scotland) Act 1987, after section 46, as section 46A, but with the substitution—</p>
</intro>
<paragraph eId="schedule-4-paragraph-2-a">
<num>a</num>
<content>
<p>in subsection (1), of “sections 42 to 43B of this Act” for “sections 23A, 24, 26B, 26C and 31 of this Act”; and</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-2-b">
<num>b</num>
<content>
<p>in subsection (2), of “43A” for “26B”.</p>
</content>
</paragraph>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-4-crossheading-the-criminal-justice-act-1988-c-33">
<heading>
The Criminal Justice Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1988/33">1988 (c. 33)</ref>
</heading>
<paragraph eId="schedule-4-paragraph-3">
<num>3</num>
<intro>
<p>The same section as is inserted in the Act of 1986 by paragraph 1 shall be inserted in the Criminal Justice Act 1988, after section 93F, as section 93G, but with—</p>
</intro>
<paragraph eId="schedule-4-paragraph-3-a">
<num>a</num>
<content>
<p>the substitution in subsection (1), of “sections 93A, 93B, 93C(2) and 93D above” for “sections 23A, 24, 26B, 26C and 31 of this Act”; and</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-3-b">
<num>b</num>
<content>
<p>the omission of subsections (2) to (4).</p>
</content>
</paragraph>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-4-crossheading-the-prevention-of-terrorism-temporary-provisions-act-1989-c-4">
<heading>
The Prevention of Terrorism (Temporary Provisions) Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1989/4">1989 (c. 4)</ref>
</heading>
<paragraph eId="schedule-4-paragraph-4">
<num>4</num>
<intro>
<p>The same section as is inserted in the Act of 1986 by paragraph 1 shall be inserted in the Prevention of Terrorism (Temporary Provisions) Act 1989, immediately after section 19, as section 19A, but with the substitution—</p>
</intro>
<paragraph eId="schedule-4-paragraph-4-a">
<num>a</num>
<content>
<p>in subsection (1), of “sections 9 to 11, 17 and 18A above” for “sections 23A, 24, 26B, 26C and 31 of this Act”; and</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-4-b">
<num>b</num>
<content>
<p>in subsection (2), of “18A” for “26B”.</p>
</content>
</paragraph>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-4-crossheading-the-criminal-justice-international-cooperation-act-1990-c-5">
<heading>
The Criminal Justice (International Co-operation) Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1990/5">1990 (c. 5)</ref>
</heading>
<paragraph eId="schedule-4-paragraph-5">
<num>5</num>
<intro>
<p>The same section as is inserted in the Act of 1986 by paragraph 1 shall be inserted in the Criminal Justice (International Co-operation) Act 1990, after section 23, as section 23A, but with—</p>
</intro>
<paragraph eId="schedule-4-paragraph-5-a">
<num>a</num>
<content>
<p>the substitution in subsection (1), of “section 14(2) above” for “sections 23A, 24, 26B, 26C and 31 of this Act”; and</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-5-b">
<num>b</num>
<content>
<p>the omission of subsections (2) to (4).</p>
</content>
</paragraph>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-4-crossheading-the-northern-ireland-emergency-provisions-act-1991-c-24">
<heading>
The Northern Ireland (Emergency Provisions) Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/24">1991 (c. 24)</ref>
</heading>
<paragraph eId="schedule-4-paragraph-6">
<num>6</num>
<intro>
<p>The same section as is inserted in the Act of 1986 by paragraph 1 shall be inserted in the Northern Ireland (Emergency Provisions) Act 1991, after section 55, as section 55A, but with the substitution—</p>
</intro>
<paragraph eId="schedule-4-paragraph-6-a">
<num>a</num>
<content>
<p>in subsection (1), of “sections 53, 54(2) to (6) and 54A above” for “sections 23A, 24, 26B, 26C and 31 of this Act”; and</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-6-b">
<num>b</num>
<content>
<p>in subsection (2), of “54A” for “26B”.</p>
</content>
</paragraph>
</paragraph>
</hcontainer>
</hcontainer>
<hcontainer name="schedule" eId="schedule-5">
<num>
SCHEDULE 5
<authorialNote class="referenceNote" placement="right">
<p>Section 79(13).</p>
</authorialNote>
</num>
<heading>Consequential Amendments</heading>
<part eId="schedule-5-part-I">
<num>Part I</num>
<heading>Enactments</heading>
<hcontainer name="crossheading" eId="schedule-5-part-I-crossheading-the-criminal-appeal-act-1968-c-19">
<heading>
The Criminal Appeal Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1968/19">1968 (c. 19)</ref>
</heading>
<paragraph eId="schedule-5-paragraph-1">
<num>1</num>
<content>
<p>In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), the following shall be substituted for subsection (1)—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e11125">
<num>1</num>
<intro>
<p>In this Act “sentence”, in relation to an offence, includes any order made by a court when dealing with an offender including, in particular—</p>
</intro>
<paragraph eId="d4e11131">
<num>a</num>
<content>
<p>
a hospital order under Part III of the
<noteRef href="#m00130" placement="inline" class="margin-note"/>
Mental Health Act 1983, with or without a restriction order;
</p>
</content>
</paragraph>
<paragraph eId="d4e11139">
<num>b</num>
<content>
<p>an interim hospital order under that Part;</p>
</content>
</paragraph>
<paragraph eId="d4e11145">
<num>c</num>
<content>
<p>a recommendation for deportation;</p>
</content>
</paragraph>
<paragraph eId="d4e11151">
<num>d</num>
<content>
<p>
a confiscation order under the
<noteRef href="#m00131" placement="inline" class="margin-note"/>
Drug Trafficking Offences Act 1986 other than one made by the High Court;
</p>
</content>
</paragraph>
<paragraph eId="d4e11159">
<num>e</num>
<content>
<p>
a confiscation order under Part VI of the
<noteRef href="#m00132" placement="inline" class="margin-note"/>
Criminal Justice Act 1988;
</p>
</content>
</paragraph>
<paragraph eId="d4e11167">
<num>f</num>
<content>
<p>an order varying a confiscation order of a kind which is included by virtue of paragraph (d) or (e) above;</p>
</content>
</paragraph>
<paragraph eId="d4e11173">
<num>g</num>
<content>
<p>an order made by the Crown Court varying a confiscation order which was made by the High Court by virtue of section 4A of the Act of 1986; and</p>
</content>
</paragraph>
<paragraph eId="d4e11179">
<num>h</num>
<content>
<p>
a declaration of relevance under the
<noteRef href="#m00133" placement="inline" class="margin-note"/>
Football Spectators Act 1989.
</p>
</content>
</paragraph>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-5-part-I-crossheading-the-criminal-procedure-scotland-act-1975-c-21">
<heading>
The Criminal Procedure (Scotland) Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1975/21">1975 (c. 21)</ref>
</heading>
<paragraph eId="schedule-5-paragraph-2">
<num>2</num>
<subparagraph eId="schedule-5-paragraph-2-1">
<num>1</num>
<content>
<p>The Criminal Procedure (Scotland) Act 1975 shall be amended as follows.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-2">
<num>2</num>
<content>
<p>In each of sections 181 and 382 (admonition in, respectively, solemn and summary proceedings), for “found guilty” substitute “convicted”.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-3">
<num>3</num>
<content>
<p>In section 191 (effects of probation and absolute discharge: solemn proceedings), for paragraph (a) of subsection (3) substitute—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<paragraph eId="d4e11217">
<num>a</num>
<content>
<p>any right to appeal;</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-4">
<num>4</num>
<intro>
<p>In section 233 (note of appeal)—</p>
</intro>
<paragraph eId="schedule-5-paragraph-2-4-a">
<num>a</num>
<intro>
<p>in subsection (1)—</p>
</intro>
<subparagraph eId="schedule-5-paragraph-2-4-a-i">
<num>i</num>
<content>
<p>in paragraph (a), for “against sentence alone” substitute “under section 228(1)(b), (bb), (bc) or (bd) of this Act” and after “sentence”, where it occurs for the second time, insert “(or as the case may be, of the making of the order disposing of the case or deferring sentence)”; and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-4-a-ii">
<num>ii</num>
<content>
<p>in paragraph (b), after “sentence” insert “(or as the case may be, of the making of the order disposing of the case or deferring sentence)”; and</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-5-paragraph-2-4-b">
<num>b</num>
<content>
<p>in subsection (4), for “against sentence alone” substitute “under section 228(1)(b), (bb), (bc) or (bd)”.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-5">
<num>5</num>
<content>
<p>In section 238(1) (admission to bail), for paragraph (b) substitute—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<paragraph eId="d4e11262">
<num>b</num>
<content>
<p>any relevant appeal by the Lord Advocate under section 228A of this Act.</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-6">
<num>6</num>
<intro>
<p>In section 244(2) (abandonment of appeal), after “sentence”—</p>
</intro>
<paragraph eId="schedule-5-paragraph-2-6-a">
<num>a</num>
<content>
<p>where it first occurs, insert “(or as the case may be against both conviction and disposal or order)”; and</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-2-6-b">
<num>b</num>
<content>
<p>where it occurs for the second time, insert “(or disposal or order)”.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-7">
<num>7</num>
<intro>
<p>In section 254 (disposal of appeals in solemn proceedings)—</p>
</intro>
<paragraph eId="schedule-5-paragraph-2-7-a">
<num>a</num>
<intro>
<p>in subsection (2)—</p>
</intro>
<subparagraph eId="schedule-5-paragraph-2-7-a-i">
<num>i</num>
<content>
<p>after “appellant” insert “(or as the case may be any disposal or order made)”;</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-7-a-ii">
<num>ii</num>
<content>
<p>in each of paragraphs (a) and (b), after “sentence” insert “(or disposal or order)”;</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-7-a-iii">
<num>iii</num>
<content>
<p>after “sentence”, where it occurs for the fourth time, insert “or make another (but not more severe) disposal or order”; and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-7-a-iv">
<num>iv</num>
<content>
<p>after “sentence”, where it occurs for the fifth time, insert “, disposal or order”;</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-5-paragraph-2-7-b">
<num>b</num>
<content>
<p>in subsection (4), after “appellant” insert “(or disposal or order made)”; and</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-2-7-c">
<num>c</num>
<content>
<p>after subsection (4) insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e11337">
<num>4A</num>
<content>
<p>In subsection (3) above, “appeal against sentence” shall, without prejudice to the generality of the expression, be construed as including an appeal under section 228(1)(bb), (bc) or (bd), and any appeal under section 228A, of this Act; and other references to sentence in that subsection shall be construed accordingly.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-8">
<num>8</num>
<content>
<p>In section 268 (reckoning of time spent in custody pending appeal), in each of subsections (1) and (2), for “appeal by the Lord Advocate against the sentence passed on conviction” substitute “relevant appeal by the Lord Advocate under section 228A of this Act”.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-9">
<num>9</num>
<content>
<p>In section 392 (effects of probation and absolute discharge: summary proceedings) for paragraph (a) of subsection (3) substitute—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<paragraph eId="d4e11358">
<num>a</num>
<content>
<p>any right to appeal;</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-10">
<num>10</num>
<intro>
<p>In section 442B (method of appeal against sentence alone in summary proceedings)—</p>
</intro>
<paragraph eId="schedule-5-paragraph-2-10-a">
<num>a</num>
<content>
<p>after “person” insert “, or as the case may be a person found to have committed an offence,”;</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-2-10-b">
<num>b</num>
<content>
<p>the words “against sentence alone” shall cease to have effect; and</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-2-10-c">
<num>c</num>
<content>
<p>after “442(1)(a)(ii)” insert “or (iia)”.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-11">
<num>11</num>
<content>
<p>In section 443A (suspension of disqualification, forfeiture, etc.), in each of subsections (1) and (2), at the end add “(or disposal or order)”.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-12">
<num>12</num>
<content>
<p>In section 444(1)(b) (contents of application for stated case), after “sentence” insert “or disposal or order”.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-13">
<num>13</num>
<intro>
<p>In section 452A (disposal of stated case)—</p>
</intro>
<paragraph eId="schedule-5-paragraph-2-13-a">
<num>a</num>
<content>
<p>in subsection (2), after “sentence”, where it first occurs, insert “(“sentence” being construed in this subsection and in subsection (3) below as including disposal or order)”; and</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-2-13-b">
<num>b</num>
<content>
<p>after subsection (4) insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e11422">
<num>4A</num>
<content>
<p>Any reference in subsection (4) above to convicting and sentencing shall be construed as including a reference to convicting and making some other disposal or convicting and deferring sentence.</p>
</content>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-14">
<num>14</num>
<intro>
<p>In section 453B (appeals against sentence only in summary proceedings)—</p>
</intro>
<paragraph eId="schedule-5-paragraph-2-14-a">
<num>a</num>
<content>
<p>in each of subsections (1), (2), (7) and (8), after “442(1)(a)(ii)” insert “or (iia)”;</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-2-14-b">
<num>b</num>
<intro>
<p>in subsection (2)—</p>
</intro>
<subparagraph eId="schedule-5-paragraph-2-14-b-i">
<num>i</num>
<content>
<p>in paragraph (a), after “sentence” insert “(or as the case may be of the making of the order disposing of the case or deferring sentence)”; and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-14-b-ii">
<num>ii</num>
<content>
<p>in paragraph (b), at the end add “(or making)”;</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-5-paragraph-2-14-c">
<num>c</num>
<content>
<p>in subsection (3)(b), at the end add “(or as the case may be who disposed of the case or deferred sentence)”; and</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-2-14-d">
<num>d</num>
<content>
<p>in subsection (4), after “sentence” add “(or within two weeks of the disposal or order)”.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-15">
<num>15</num>
<intro>
<p>In section 453C (disposal in summary proceedings of appeal by note of appeal)—</p>
</intro>
<paragraph eId="schedule-5-paragraph-2-15-a">
<num>a</num>
<content>
<p>in subsection (3), after “442(1)(a)(ii)” insert “or (iia)”; and</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-2-15-b">
<num>b</num>
<content>
<p>at the end add—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e11489">
<num>4</num>
<content>
<p>In subsection (1) above, “appeal against sentence” shall, without prejudice to the generality of the expression, be construed as including an appeal under section 442(1)(a)(iia), and any appeal under section 442(1)(c), of this Act; and without prejudice to subsection (5) below, other references to sentence in that subsection and in subsection (3) above shall be construed accordingly.</p>
</content>
</subsection>
<subsection eId="d4e11495">
<num>5</num>
<content>
<p>In disposing of any appeal in a case where the accused has not been convicted, the High Court may proceed to convict him; and where it does, the reference in subsection (3) above to the conviction in respect of which the sentence appealed against was imposed shall be construed as a reference to the disposal or order appealed against.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-5-part-I-crossheading-the-criminal-appeal-northern-ireland-act-1980-c-47">
<heading>
The Criminal Appeal (Northern Ireland) Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1980/47">1980 (c. 47)</ref>
</heading>
<paragraph eId="schedule-5-paragraph-3">
<num>3</num>
<content>
<p>The provisions of section 30 of the Criminal Appeal (Northern Ireland) Act 1980 (interpretation of Part I) shall become subsection (1) of that section and the following subsection shall be added—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e11515">
<num>2</num>
<intro>
<p>In this Part of this Act “sentence” also includes—</p>
</intro>
<paragraph eId="d4e11521">
<num>a</num>
<content>
<p>
a confiscation order made by the Crown Court under the
<noteRef href="#m00134" placement="inline" class="margin-note"/>
Northern Ireland (Emergency Provisions) Act 1991;
</p>
</content>
</paragraph>
<paragraph eId="d4e11529">
<num>b</num>
<content>
<p>an order varying such an order; and</p>
</content>
</paragraph>
<paragraph eId="d4e11535">
<num>c</num>
<content>
<p>an order made by the Crown Court varying a confiscation order made by the High Court by virtue of section 52B of the Act of 1991.</p>
</content>
</paragraph>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-5-part-I-crossheading-the-companies-act-1985-c-6">
<heading>
The Companies Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1985/6">1985 (c. 6)</ref>
</heading>
<paragraph eId="schedule-5-paragraph-4">
<num>4</num>
<subparagraph eId="schedule-5-paragraph-4-1">
<num>1</num>
<content>
<p>In section 744 of the Companies Act 1985 (interpretation), for the definition of “the Insider Dealing Act”, there shall be substituted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<p>“the insider dealing legislation” means Part V of the Criminal Justice Act 1993 (insider dealing).</p>
</quotedStructure>
</mod>
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-4-2">
<num>2</num>
<content>
<p>In the 1985 Act for “Insider Dealing Act”, wherever it occurs, there shall be substituted “insider dealing legislation”.</p>
</content>
</subparagraph>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-5-part-I-crossheading-the-drug-trafficking-offences-act-1986-c-32">
<heading>
The Drug Trafficking Offences Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 (c. 32)</ref>
</heading>
<paragraph eId="schedule-5-paragraph-5">
<num>5</num>
<content>
<p>In section 3(3) of the Drug Trafficking Offences Act 1986 (statements relating to drug trafficking) for “(2)” there shall be substituted “(1D)”.</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-6">
<num>6</num>
<content>
<p>In section 38(1) of the 1986 Act (interpretation), the following definitions shall be inserted at the appropriate places—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<p>“confiscation order” means an order under section 1 of this Act and includes, in particular, an order under that section which is made by virtue of section 4A, 5A or 5B;</p>
</quotedStructure>
</mod>
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<p>“defendant” means a person against whom proceedings have been instituted for a drug trafficking offence (whether or not he has been convicted);</p>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-5-part-I-crossheading-the-financial-services-act-1986-c-60">
<heading>
The Financial Services Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/60">1986 (c. 60)</ref>
</heading>
<paragraph eId="schedule-5-paragraph-7">
<num>7</num>
<content>
<p>The Financial Services Act 1986 shall be amended as follows.</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-8">
<num>8</num>
<content>
<p>
In section 128C(3)(b) (enforcement in support of overseas regulatory authority) for “the
<noteRef href="#m00135" placement="inline" class="margin-note"/>
Company Securities (Insider Dealing) Act 1985” there shall be substituted “Part V of the Criminal Justice Act 1993 (insider dealing)”.
</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-9">
<num>9</num>
<subparagraph eId="schedule-5-paragraph-9-1">
<num>1</num>
<intro>
<p>In section 177 (investigations into insider dealing), in subsection (1)—</p>
</intro>
<paragraph eId="schedule-5-paragraph-9-1-a">
<num>a</num>
<content>
<p>for the words “there may have been a contravention of section 1, 2, 4 or 5 of the Company Securities (Insider Dealing) Act 1985” there shall be substituted “an offence under Part V of the Criminal Justice Act 1993 (insider dealing) may have been committed”; and</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-9-1-b">
<num>b</num>
<content>
<p>for the words “contravention has occurred” there shall be substituted “offence has been committed”.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-9-2">
<num>2</num>
<intro>
<p>In subsection (3) of that section—</p>
</intro>
<paragraph eId="schedule-5-paragraph-9-2-a">
<num>a</num>
<content>
<p>for the word “contravention” there shall be substituted “offence”; and</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-9-2-b">
<num>b</num>
<content>
<p>in paragraph (a) for the words from “relating to” to the end there shall be substituted “which appear to them to be relevant to the investigation”.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-9-3">
<num>3</num>
<content>
<p>In subsection (4) of that section for the word “contravention” there shall be substituted “offence”.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-5-paragraph-10">
<num>10</num>
<subparagraph eId="schedule-5-paragraph-10-1">
<num>1</num>
<content>
<p>In section 178 (penalties for failure to co-operate with s. 177 investigations), in subsection (1) for the words “contravention has occurred” there shall be substituted “offence has been committed”.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-10-2">
<num>2</num>
<content>
<p>In subsection (6) of that section for the words “contravention or suspected contravention” there shall be substituted “offence or suspected offence”.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-5-paragraph-11">
<num>11</num>
<content>
<p>In subsection (1) of section 189 (restriction of Rehabilitation of Offenders Act 1974), in paragraph (b) “(including insider dealing)” shall be omitted and at the end there shall be inserted “or insider dealing”.</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-12">
<num>12</num>
<subparagraph eId="schedule-5-paragraph-12-1">
<num>1</num>
<content>
<p>In section 199 (powers of entry), in subsection (1) for paragraph (b) there shall be substituted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<paragraph eId="d4e11693">
<num>b</num>
<content>
<p>under Part V of the Criminal Justice Act 1993 (insider dealing).</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-12-2">
<num>2</num>
<content>
<p>After subsection (8) of that section there shall be inserted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e11708">
<num>8A</num>
<content>
<p>In the application of this section to Northern Ireland for the references to information on oath substitute references to complaint on oath.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subparagraph>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-5-part-I-crossheading-the-banking-act-1987-c-22">
<heading>
The Banking Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1987/22">1987 (c. 22)</ref>
</heading>
<paragraph eId="schedule-5-paragraph-13">
<num>13</num>
<content>
<p>In section 84(6)(b) of the Banking Act 1987 (disclosure for facilitating discharge of functions by other supervisory authorities) for “the Company Securities (Insider Dealing) Act 1985” there shall be substituted “Part V of the Criminal Justice Act 1993 (insider dealing)”.</p>
</content>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-5-part-I-crossheading-the-criminal-justice-act-1988-c-33">
<heading>
The Criminal Justice Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1988/33">1988 (c. 33)</ref>
</heading>
<paragraph eId="schedule-5-paragraph-14">
<num>14</num>
<subparagraph eId="schedule-5-paragraph-14-1">
<num>1</num>
<content>
<p>Section 98 of the Criminal Justice Act 1988 (disclosure of information subject to contractual restriction on disclosure) shall cease to have effect.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-14-2">
<num>2</num>
<intro>
<p>In section 172 of the 1988 Act (extent)—</p>
</intro>
<paragraph eId="schedule-5-paragraph-14-2-a">
<num>a</num>
<content>
<p>in subsection (2), after “84 to 88” there shall be inserted “sections 93A to 93D; sections 93F and 93G”; and</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-14-2-b">
<num>b</num>
<content>
<p>in subsection (4), after “sections 90 to 93” there shall be inserted “section 93E”.</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-5-part-I-crossheading-the-prevention-of-terrorism-temporary-provisions-act-1989-c-4">
<heading>
The Prevention of Terrorism (Temporary Provisions) Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1989/4">1989 (c. 4)</ref>
</heading>
<paragraph eId="schedule-5-paragraph-15">
<num>15</num>
<content>
<p>In section 19(1) of the Prevention of Terrorism (Temporary Provisions) Act 1989 (institution of proceedings) for the words “or 18” in both places where they occur there shall be substituted “, 18 or 18A”.</p>
</content>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-5-part-I-crossheading-the-companies-act-1989-c-40">
<heading>
The Companies Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1989/40">1989 (c. 40)</ref>
</heading>
<paragraph eId="schedule-5-paragraph-16">
<num>16</num>
<content>
<p>In section 82(2)(b) of the Companies Act 1989 (request for assistance by overseas regulatory authority) for “the Company Securities (Insider Dealing) Act 1985” there shall be substituted “Part V of the Criminal Justice Act 1993 (insider dealing)”.</p>
</content>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-5-part-I-crossheading-the-northern-ireland-emergency-provisions-act-1991-c-24">
<heading>
The Northern Ireland (Emergency Provisions) Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/24">1991 (c. 24)</ref>
</heading>
<paragraph eId="schedule-5-paragraph-17">
<num>17</num>
<subparagraph eId="schedule-5-paragraph-17-1">
<num>1</num>
<intro>
<p>In section 49(1)(a) of the Northern Ireland (Emergency Provisions) Act 1991 (relevant offences)—</p>
</intro>
<paragraph eId="schedule-5-paragraph-17-1-a">
<num>a</num>
<content>
<p>after “(c)” there shall be inserted “, (dd)”; and</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-17-1-b">
<num>b</num>
<content>
<p>after “(k)” there shall be inserted “, (kk);”.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-17-2">
<num>2</num>
<content>
<p>In section 56(1) of the 1991 Act (interpretation of confiscation provisions), at the end of the definition of “confiscation order”, there shall be added “and includes, in particular, an order under that section which is made by virtue of section 48A or 52B above”.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-17-3">
<num>3</num>
<content>
<p>In section 69(2)(c) of the 1991 Act, for “paragraph 20” there shall be substituted “paragraphs 20 to 20C”.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-17-4">
<num>4</num>
<content>
<p>In section 71(2) of the 1991 Act (extent), for “54” there shall be substituted “to 54A, 55A”.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-17-5">
<num>5</num>
<intro>
<p>In Part I of Schedule 1 (scheduled offences) to the 1991 Act—</p>
</intro>
<paragraph eId="schedule-5-paragraph-17-5-a">
<num>a</num>
<content>
<p>after paragraph 20(d) there shall be inserted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule default" startQuote="" endQuote="">
<subparagraph eId="d4e11841">
<num>d</num>
<content>
<p>section 18A (failure to disclose knowledge or suspicion of financial assistance for terrorism);</p>
</content>
</subparagraph>
</quotedStructure>
</mod>
<inline name="AppendText"> and</inline>
</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-17-5-b">
<num>b</num>
<content>
<p>after paragraph 22(k) there shall be inserted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule default" startQuote="" endQuote="">
<subparagraph eId="d4e11856">
<num>k</num>
<content>
<p>section 54A;</p>
</content>
</subparagraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-17-6">
<num>6</num>
<content>
<p>In paragraph 2(5) of Schedule 4 to the 1991 Act (application of procedure for enforcing fines), after “made by”, where those words first occur, there shall be inserted “the High Court, by virtue of section 52B of this Act, or by”.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-17-7">
<num>7</num>
<content>
<p>The following sub-paragraph shall be added at the end of paragraph 2 of Schedule 4 to the 1991 Act—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule default" startQuote="" endQuote="">
<subparagraph eId="d4e11877">
<num>7</num>
<content>
<p>Where the High Court makes a confiscation order by virtue of section 52B of this Act in relation to a defendant who has died, sub-paragraph (1) above shall be read as referring only to sections 35(1)(a), (b) and (d) and 35(4)(a) and (b) of the Act of 1945.</p>
</content>
</subparagraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subparagraph>
</paragraph>
</hcontainer>
</part>
<part eId="schedule-5-part-II">
<num>Part II</num>
<heading>Orders in Council under the Northern Ireland Act 1974</heading>
<hcontainer name="crossheading" eId="schedule-5-part-II-crossheading-the-companies-northern-ireland-order-1986-si-19861032-ni6">
<heading>
The Companies (Northern Ireland) Order 1986 (
<ref href="http://www.legislation.gov.uk/id/nisi/1986/1032">S.I. 1986/1032 (N.I.6)</ref>
)
</heading>
<paragraph eId="schedule-5-paragraph-18">
<num>18</num>
<subparagraph eId="schedule-5-paragraph-18-1">
<num>1</num>
<content>
<p>In Article 2(3) of the Companies (Northern Ireland) Order 1986 (interpretation), for the definition of “the Insider Dealing Order” there shall be substituted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="secondary order main default" startQuote="" endQuote="">
<p>“the insider dealing legislation” means Part V of the Criminal Justice Act 1993 (insider dealing)</p>
</quotedStructure>
</mod>
<inline name="AppendText">;</inline>
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-18-2">
<num>2</num>
<content>
<p>In the 1986 Order, for “Insider Dealing Order”, wherever it occurs, there shall be substituted “insider dealing legislation”.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-5-paragraph-19">
<num>19</num>
<subparagraph eId="schedule-5-paragraph-19-1">
<num>1</num>
<content>
<p>In Article 442 of that Order (provision for security of information obtained), in paragraph (1), in sub-paragraph (c) for “Article 16A of the Insider Dealing Order or section 94” there shall be substituted “section 94 or 177”.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-19-2">
<num>2</num>
<content>
<p>In paragraph (3) of that Article, in sub-paragraph (b) for “Article 16A of the Insider Dealing Order or section 94” there shall be substituted “section 94 or 177”.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-5-paragraph-20">
<num>20</num>
<content>
<p>In paragraph (3) of Article 444A of that Order (disclosure of information by Department or inspector) in sub-paragraph (a) for “Article 16A of the Insider Dealing Order or section 94” there shall be substituted “section 94 or 177”.</p>
</content>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-5-part-II-crossheading-the-companies-northern-ireland-order-1989-si-19892404-ni18">
<heading>
The Companies (Northern Ireland) Order 1989 (
<ref href="http://www.legislation.gov.uk/id/nisi/1989/2404">S.I. 1989/2404 (N.I.18)</ref>
)
</heading>
<paragraph eId="schedule-5-paragraph-21">
<num>21</num>
<content>
<p>In Article 3(1) of the Companies (Northern Ireland) Order 1989 (interpretation), in the definition of “the companies legislation”, for “the Insider Dealing Order” there shall be substituted “Part V of the Criminal Justice Act 1993 (insider dealing)”.</p>
</content>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-5-part-II-crossheading-the-insolvency-northern-ireland-order-1989-si-19892405-ni-19">
<heading>
The Insolvency (Northern Ireland) Order 1989 (
<ref href="http://www.legislation.gov.uk/id/nisi/1989/2405">S.I. 1989/2405 (N.I. 19)</ref>
)
</heading>
<paragraph eId="schedule-5-paragraph-22">
<num>22</num>
<content>
<p>In Article 104A(1)(c) of the Insolvency (Northern Ireland) Order 1989 (petition for winding-up on grounds of public interest) after “94” there shall be inserted “or 177”.</p>
</content>
</paragraph>
</hcontainer>
</part>
</hcontainer>
<hcontainer name="schedule" eId="schedule-6">
<num>
SCHEDULE 6
<authorialNote class="referenceNote" placement="right">
<p>Section 79(14).</p>
</authorialNote>
</num>
<heading>Repeals and Revocations</heading>
<part eId="schedule-6-part-I">
<num>Part I</num>
<heading>Repeals</heading>
<content>
<tblock class="tabular">
<table>
<tr>
<th colspan="1" rowspan="1">
<p>Chapter</p>
</th>
<th colspan="1" rowspan="1">
<p>Short title</p>
</th>
<th colspan="1" rowspan="1">
<p>Extent of repeal</p>
</th>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1975/21">1975 c. 21</ref>
.
</p>
</td>
<td colspan="1" rowspan="1">
<p>The Criminal Procedure (Scotland) Act 1975.</p>
</td>
<td colspan="1" rowspan="1">
<p>In section 442B, the words “against sentence alone”.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1980/43">1980 c. 43</ref>
.
</p>
</td>
<td colspan="1" rowspan="1">
<p>The Magistrates Courts Act 1980.</p>
</td>
<td colspan="1" rowspan="1">
<p>In section 12(1)(a) the words “and section 18 of the Criminal Justice Act 1991 (unit fines)”.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1985/8">1985 c. 8</ref>
.
</p>
</td>
<td colspan="1" rowspan="1">
<p>The Company Securities (Insider Dealing) Act 1985.</p>
</td>
<td colspan="1" rowspan="1">
<p>The whole Act.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="5">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/32">1986 c. 32</ref>
.
</p>
</td>
<td colspan="1" rowspan="5">
<p>The Drug Trafficking Offences Act 1986.</p>
</td>
<td colspan="1" rowspan="1">
<p>In section 1, in subsection (5)(b)(iii), the words from “section 39” to “bankruptcy orders)” and subsection (8).</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>In section 5(3), the words “sections 3 and 4 of”.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>In section 26A(3), the words from “or by” to the end.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>In section 27(5), the words “or, as the case may be, the sheriff”.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>In section 38(2), the entries relating to a confiscation order and a defendant.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="3">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1986/60">1986 c. 60</ref>
.
</p>
</td>
<td colspan="1" rowspan="3">
<p>The Financial Services Act 1986.</p>
</td>
<td colspan="1" rowspan="1">
<p>Sections 173 to 176.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>In section 189(1)(b), the words “(including insider dealing)”.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>In Schedule 16, paragraphs 28 and 43.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1987/22">1987 c. 22</ref>
.
</p>
</td>
<td colspan="1" rowspan="1">
<p>The Banking Act 1987.</p>
</td>
<td colspan="1" rowspan="1">
<p>In section 84(1), in the Table, in the entry beginning “An inspector appointed under Part XV of the Companies (Northern Ireland) Order” in the left-hand column the words “or under Article 16A of the Company Securities (Insider Dealing) (Northern Ireland) Order 1986” and in the right hand column the words “or that Article”.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1987/38">1987 c. 38</ref>
.
</p>
</td>
<td colspan="1" rowspan="1">
<p>The Criminal Justice Act 1987.</p>
</td>
<td colspan="1" rowspan="1">
<p>In section 3(6)(i), the words “or any corresponding enactment having effect in Northern Ireland”.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="2">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1988/33">1988 c. 33</ref>
.
</p>
</td>
<td colspan="1" rowspan="2">
<p>The Criminal Justice Act 1988.</p>
</td>
<td colspan="1" rowspan="1">
<p>Section 48.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>Section 98.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1989/4">1989 c. 4</ref>
.
</p>
</td>
<td colspan="1" rowspan="1">
<p>The Prevention of Terrorism (Temporary Provisions) Act 1989.</p>
</td>
<td colspan="1" rowspan="1">
<p>In section 9(1), the word “or” immediately before paragraph (b).</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1989/40">1989 c. 40</ref>
.
</p>
</td>
<td colspan="1" rowspan="1">
<p>The Companies Act 1989.</p>
</td>
<td colspan="1" rowspan="1">
<p>Section 209.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1990/5">1990 c. 5</ref>
.
</p>
</td>
<td colspan="1" rowspan="1">
<p>The Criminal Justice (International Co-operation) Act 1990.</p>
</td>
<td colspan="1" rowspan="1">
<p>Section 14(3) and (5).</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="4">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/24">1991 c. 24</ref>
.
</p>
</td>
<td colspan="1" rowspan="4">
<p>The Northern Ireland (Emergency Provisions) Act 1991.</p>
</td>
<td colspan="1" rowspan="1">
<p>In section 48(3), the words “during the period of postponement”.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>In section 50(2), the word “or” immediately before paragraph (c).</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>Section 51(3).</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>Section 67(6).</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="8">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/53">1991 c. 53</ref>
.
</p>
</td>
<td colspan="1" rowspan="8">
<p>The Criminal Justice Act 1991.</p>
</td>
<td colspan="1" rowspan="1">
<p>Section 17(3)(e).</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>Section 19.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>Section 20(5).</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>Section 22.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>Section 28(3).</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>In section 30(1), the words “or the Lord Chancellor”.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>In Schedule 4, Part V.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>In Schedule 11, paragraph 24.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1993/9">1993 c. 9</ref>
.
</p>
</td>
<td colspan="1" rowspan="1">
<p>The Prisoners and Criminal Proceedings (Scotland) Act 1993.</p>
</td>
<td colspan="1" rowspan="1">
<p>In section 10(1), the words “(whether before or after the commencement of this section)”.</p>
</td>
</tr>
</table>
</tblock>
</content>
</part>
<part eId="schedule-6-part-II">
<num>Part II</num>
<heading>Revocations</heading>
<content>
<tblock class="tabular">
<table>
<tr>
<th colspan="1" rowspan="1">
<p>Number</p>
</th>
<th colspan="1" rowspan="1">
<p>Title</p>
</th>
<th colspan="1" rowspan="1">
<p>Extent of revocation</p>
</th>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>
<ref href="http://www.legislation.gov.uk/id/nisi/1986/1034">S.I. 1986/1034 (N.I. 8)</ref>
.
</p>
</td>
<td colspan="1" rowspan="1">
<p>The Company Securities (Insider Dealing) (Northern Ireland) Order 1986.</p>
</td>
<td colspan="1" rowspan="1">
<p>The whole Order.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="4">
<p>
<ref href="http://www.legislation.gov.uk/id/nisi/1989/2404">S.I. 1989/2404 (N.I. 18)</ref>
.
</p>
</td>
<td colspan="1" rowspan="4">
<p>The Companies (Northern Ireland) Order 1989.</p>
</td>
<td colspan="1" rowspan="1">
<p>In Article 2(2), the definition of “the Insider Dealing Order”.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>In Article 11(1), the words “or Article 16A of the Insider Dealing Order”.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>Articles 27 to 34.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>Article 35(2) and (3).</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>
<ref href="http://www.legislation.gov.uk/id/nisi/1989/2405">S.I. 1989/2405 (N.I. 19)</ref>
.
</p>
</td>
<td colspan="1" rowspan="1">
<p>The Insolvency (Northern Ireland) Order 1989.</p>
</td>
<td colspan="1" rowspan="1">
<p>Article 104A(1)(b).</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="2">
<p>
<ref href="http://www.legislation.gov.uk/id/nisi/1990/1504">S.I. 1990/1504 (N.I. 10)</ref>
.
</p>
</td>
<td colspan="1" rowspan="2">
<p>The Companies (No.2) (Northern Ireland) Order 1990.</p>
</td>
<td colspan="1" rowspan="1">
<p>In Article 2(2), the definition of “the Insider Dealing Order”.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>Articles 21 to 23.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="2">
<p>
<ref href="http://www.legislation.gov.uk/id/uksi/1992/3218">S.I. 1992/3218</ref>
.
</p>
</td>
<td colspan="1" rowspan="2">
<p>The Banking Coordination (Second Council Directive) Regulations 1992.</p>
</td>
<td colspan="1" rowspan="1">
<p>In Schedule 8, paragraphs 8(3), 9(2) and 10(3).</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>In Schedule 10, paragraphs 17 and 25.</p>
</td>
</tr>
</table>
</tblock>
</content>
</part>
</hcontainer>
</hcontainer>
</body>
</act>
</akomaNtoso>