The Confiscation of the Proceeds of Drug Trafficking (Designated Countries and Territories) (Scotland) Amendment Order 1992

Statutory Instruments

1992 No. 1733 (S.165)

CRIMINAL LAW, SCOTLAND

The Confiscation of the Proceeds of Drug Trafficking (Designated Countries and Territories) (Scotland) Amendment Order 1992

Made

15th July 1992

Coming into force

20th July 1992

At the Court at Buckingham Palace, the 15th day of July 1992

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 30 of the Criminal Justice (Scotland) Act 1987(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.—(1) This Order may be cited as the Confiscation of the Proceeds of Drug Trafficking (Designated Countries and Territories) (Scotland) Amendment Order 1992 and shall come into force on 20th July 1992.

(2) In this Order “the principal Order” means the Confiscation of the Proceeds of Drug Trafficking (Designated Countries and Territories) (Scotland) Order 1991(2).

2.  Schedule 1 to the principal Order shall be amended by inserting, in the appropriate alphabetical position, the entries for those countries and territories specified in the Schedule to this Order.

3.  The Appendix set out at the end of Schedule 3 to the principal Order (which defines when proceedings are instituted for the purposes of section 47(5)(a)(i) of the Criminal Justice (Scotland) Act 1987 as modified by article 3(2) and Schedule 2 to the principal Order) shall be amended as follows:—

(a) after the entry relating to Anguilla, there shall be inserted the following:—

“Argentina

when a judge has ordered that aperson be detained for the purpose of testifying in connection with the commission of an offence”;

(b) after the entry relating to the Cayman Islands, there shall be inserted the following:—

“Germany

when a person is notified that he is accused of an offence and will be brought before a court”;

(c) after the following relating to Guernsey, there shall be inserted the following:—

“Guyana

when a charge has been laid against a person for an offence”; and

(d) after the entry relating to the United States of America, there shall be inserted the following:—

“Uruguay

when criminal proceedings are instituted by a judicial authority”;

G.I. de Deney

Clerk of the Privy Council

Article 2

SCHEDULE

Designated Country	Appropriate Authority
Afghanistan
Argentina	the Ministry of Foreign Affairs
Brazil
Burma
Cameroon
Czechoslovakia
Germany
Greece
Guyana	the Permanent Secretary, Ministry of Home Affairs
Honduras
Hungary
Ivory Coast
Monaco
Nepal
Pakistan
Peru
Portugal
Seychelles
Sri Lanka
Syria
Urguay	the Ministry of Education and Culture
Venezuela

Explanatory Note

(This note is not part of the Order)

This Order amends the Confiscation of the Proceeds of Drug Trafficking (Designated Countries and Territories) (Scotland) Order 1991 (S.I 1991/1467) which provides that, subject to certain modifications, the Criminal Justice (Scotland) Act 1987 applies to an order made by a court in a designated country or territory for the purpose of recovering payments or other rewards received in connection with drug trafficking or their value, and to proceedings which have been or are to be instituted in a designated country or territory and may result in such an order being made there.

Article 2 of this Order amends the list of designated countries in the 1991 Order to include Afghanistan, Argentina, Brazil, Burma, Cameroon, Czechoslovakia, Germany, Greece, Guyana, Honduras, Hungary, Ivory Coast, Monaco, Nepal, Pakistan, Peru, Portugal, Seychelles, Sri Lanka, Syria, Uruguay and Venezuela for the purposes of the 1987 Act.

Article 3 amends Schedule 3 to the 1991 Order to specify when, for the purposes of section 47(5)(a)(i) of the 1987 Act (as modified by article 3(2) of and Schedule 2 to that Order), proceedings are instituted in, respectively, Argentina, Germany, Guyana and Uruguay.

By virtue of article 1(1) this Order comes into force on 20th July 1992.

(1)

1987 c. 41; section 30 was substituted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), section 63.

(2)

S.I. 1991/1467.