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The Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 1997

S.I. 1997/1316 · Made 20 May 1997

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

CRIMINAL LAW, ENGLAND AND WALES

Made 20th May 1997

Laid before Parliament 30th May 1997

Coming into force 1st July 1997

At the Court at Buckingham Palace, the 20th day of May 1997

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 96 of the Criminal Justice Act 1988f1, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Annotations to the whole text

Footnotes

f1

1988 c. 33; section 96 was amended by section 21 of the Criminal Justice Act 1993 (c. 36).

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. 4Article 4
  5. Signature
  6. Schedule Schedule
  7. Explanatory note

1

(1)

This Order may be cited as the Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 1997 and shall come into force on 1st July 1997.

(2)

This Order extends to England and Wales only.

(3)

In this Order “the principal Order” means the Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991f1.

2

There shall be inserted in Schedule 1 to the principal Order, at the appropriate places in alphabetical order, the entries for those countries specified in the Schedule to this Order.

3

The Appendix set out at the end of paragraph 21(i) of Schedule 2 to the principal Order (institution of proceedings) shall be amended by the insertion, at the beginning, of the following—

“

Antigua & Barbudawhen a person has been charged with a scheduled offence
Colombiawhen a preliminary investigation or a formal process has begun and, in either case, a Resolution has been issued for a freezing or seizure order

”.

4

A like amendment to that in article 3 above shall be made to the Appendix to section 102 of the Criminal Justice Act 1988 as set out in Schedule 3 to the principal Order.

Signature

N. H. Nicholls

Clerk of the Privy Council

Designated countryAppropriate authority
Antigua & BarbudaThe Attorney General
ColombiaThe Fiscalia General de la Nacion and the Ministerio de Justicia del Derecho
Cyprus
Czech Republic
Denmark
France
Ireland

Explanatory note

(This note is not part of the Order)

This Order amends the Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991 (S.I. 1991/2873) (“the principal Order”) which provides that, subject to certain modifications, Part VI of the Criminal Justice Act 1988 applies to an order made by a court in a designated country or territory for the purpose of recovery of property obtained as a result of or in connection with an offence to which Part VI of the Act applies, recovering the value of property so obtained or depriving a person of a pecuniary advantage so obtained.

Article 2 of this Order and the Schedule add to the list of countries to which the principal Order applies. Article 3 amends the Appendix set out at the end of paragraph 21(i) of Schedule 2 to the principal Order so that the point of institution of proceedings for Antigua & Barbuda and Colombia are included. Article 4 makes the like amendment to article 3 in respect of the Appendix to section 102 of the 1988 Act set out in Schedule 3 to the principal Order.

The Order comes into force on 1st July 1997.