Explanatory note
(This note is not part of the Order)
This Order amends the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991 (S.I. 1991/1463) and the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland) Order 1991 (S.I. 1991/1464). These provide for the enforcement in England and Wales and Northern Ireland of orders made by a court in a designated country or territory for the forfeiture and destruction or other disposal of property used in connection with the commission of a drug trafficking offence. The powers in each of the 1991 Orders also apply 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. The Orders were extended by the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) Order 1993 (S.I. 1993/1791) to include offences corresponding to indictable offences to which Part VI of the Criminal Justice Act 1988 (c. 33) applies and corresponding offences under the law of Northern Ireland.
This Order makes amendments in respect of the countries and territories to which the 1991 Orders apply. It also amends articles 3(1) and 12(1) of the 1991 Orders to enable an external order for the forfeiture of anything which was intended for use in the commission of a relevant offence to be enforced in England and Wales and Northern Ireland.