OpenLegislation

Drug Trafficking Act 1994

1994 c. 37 · Enacted 3 November 1994 · Extends to United Kingdom

Not fully up to date. 9 changes made by later legislation have not yet been written into this text, which is revised to 30 November 2016.

See the changes not yet applied
ProvisionChangeMade by
s. 9—Criminal Justice and Courts Services Act 2000 Sch. 8
s. 10—Criminal Justice and Courts Services Act 2000 Sch. 8
s. 15—Criminal Justice and Courts Services Act 2000 Sch. 8
s. 16—Criminal Justice and Courts Services Act 2000 Sch. 8
s. 17—Criminal Justice and Courts Services Act 2000 Sch. 8
s. 21—Criminal Justice and Courts Services Act 2000 Sch. 8
s. 41—Criminal Justice and Courts Services Act 2000 Sch. 8
s. 60(6)words substitutedCriminal Justice Act 2003 Sch. 36 para. 12(2)
s. 60(6A)(aa)insertedCriminal Justice Act 2003 Sch. 36 para. 12(3)

An Act to consolidate the Drug Trafficking Offences Act 1986 and certain provisions of the Criminal Justice (International Co-operation) Act 1990 relating to drug trafficking.

[3rd November 1994]

I1E1Be 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:—

Annotations to the whole text

Commencement

I1

Act not in force at Royal Assent; Act wholly in force at 3.2.1995 see s.69(2)

Act modified (E.W.)(1.9.1995) by S.I. 1995/1967, art. 2(1)

Extent

E1

For extent see s. 68 (and ss. 26, 29, 30)

Contents

  1. Part I: Confiscation orders
  2. Introductory
  3. 1Meaning of “drug trafficking” and “drug trafficking offence”. Repealed
  4. Confiscation orders
  5. 2Confiscation orders. Repealed
  6. 3Postponed determinations. Repealed
  7. 4Assessing the proceeds of drug trafficking. Repealed
  8. 5Amount to be recovered under confiscation order. Repealed
  9. 6Meaning of “amount that might be realised” and “realisable property”. Repealed
  10. 7Value of property etc. Repealed
  11. 8Gifts caught by this Act. Repealed
  12. 9Application of procedure for enforcing fines. Repealed
  13. 10Interest on sums unpaid under confiscation orders. Repealed
  14. Statements etc in connection with confiscation orders
  15. 11Statements relating to drug trafficking. Repealed
  16. 12Provision of information by defendant. Repealed
  17. Further proceedings in connection with confiscation orders
  18. 13Reconsideration of case where court has not proceeded under section 2. Repealed
  19. 14Re-assessment of whether defendant has benefited from drug trafficking. Repealed
  20. 15Revised assessment of proceeds of drug trafficking. Repealed
  21. 16Increase in realisable property. Repealed
  22. 17Inadequacy of realisable property. Repealed
  23. 18Compensation. Repealed
  24. Confiscation orders where defendant has absconded or died
  25. 19Powers of High Court where defendant has absconded or died. Repealed
  26. 20Effect of conviction where High Court has acted under section 19. Repealed
  27. 21Variation of confiscation orders made by virtue of section 19. Repealed
  28. 22Compensation etc where absconder is acquitted. Repealed
  29. 23Power to discharge confiscation order and order compensation where absconder returns. Repealed
  30. 24Provisions supplementary to sections 21, 22 and 23. Repealed
  31. Restraint orders and charging orders
  32. 25Cases in which restraint orders and charging orders may be made. Repealed
  33. 26Restraint orders. Repealed
  34. 27Charging orders in respect of land, securities etc. Repealed
  35. 28Charging orders: supplementary provisions. Repealed
  36. Realisation of property
  37. 29Realisation of property. Repealed
  38. 30Application of proceeds of realisation and other sums. Repealed
  39. Exercise of powers for the realisation of property
  40. 31Exercise by High Court, county court or receiver of powers for the realisation of property. Repealed
  41. Insolvency of defendants etc
  42. 32Bankruptcy of defendant etc. Repealed
  43. 33Sequestration in Scotland of defendant etc. Repealed
  44. 34Winding up of company holding realisable property. Repealed
  45. Protection for insolvency officers etc
  46. 35Insolvency officers dealing with property subject to restraint order. Repealed
  47. 36Receivers: supplementary provisions. Repealed
  48. Enforcement of orders made outside England and Wales
  49. 37Recognition and enforcement of orders and functions under Part I of the Criminal Justice (Scotland) Act 1987. Repealed
  50. 38Enforcement of Northern Ireland orders. Repealed
  51. 39Enforcement of external confiscation orders.
  52. 40Registration of external confiscation orders.
  53. Interpretation
  54. 41Interpretation of Part I. Repealed
  55. Part II: Drug trafficking money imported or exported in cash
  56. 42Seizure and detention. Repealed
  57. 43Forfeiture. Repealed
  58. 44Appeal against forfeiture order made by a magistrates’ court. Repealed
  59. 45Appeal against forfeiture order made by sheriff. Repealed
  60. 46Rules of court. Repealed
  61. 47Receipts. Repealed
  62. 48Interpretation of Part II. Repealed
  63. Part III: Offences in connection with proceeds of drug trafficking
  64. 49Concealing or transferring proceeds of drug trafficking. Repealed
  65. 50Assisting another person to retain the benefit of drug trafficking. Repealed
  66. 51Acquisition, possession or use of proceeds of drug trafficking. Repealed
  67. 52Failure to disclose knowledge or suspicion of money laundering. Repealed
  68. 53Tipping-off. Repealed
  69. 54Penalties. Repealed
  70. Part IV: Miscellaneous and supplemental
  71. Investigations into drug trafficking
  72. 55Order to make material available.
  73. 56Authority for search.
  74. 57Provisions supplementary to sections 55 and 56.
  75. 58Offence of prejudicing investigation.
  76. 59Disclosure of information held by government departments.
  77. 59AConstruction of sections 55 to 59
  78. Prosecution of offences etc
  79. 60Revenue and Customs prosecutions
  80. 61Extension of certain offences to Crown servants and exemptions for regulators etc.
  81. Interpretation of Act
  82. 62Meaning of “property” and related expressions. Repealed
  83. 63General interpretation.
  84. 64Index of defined expressions. Repealed
  85. Supplemental
  86. 65Consequential amendments and modifications of other Acts.
  87. 66Transitional provisions and savings.
  88. 67Repeals etc.
  89. 68Extent.
  90. 69Short title and commencement.
  91. Schedule 1Schedule 1
  92. Land Registration Act 1925 (c. 21)
  93. 1Paragraph 1 Repealed
  94. Criminal Appeal Act 1968 (c. 19)
  95. 2Paragraph 2
  96. Misuse of Drugs Act 1971 (c. 38)
  97. 3Paragraph 3 Repealed
  98. 4Paragraph 4
  99. 5Paragraph 5
  100. Civil Jurisdiction and Judgments Act 1982 (c. 27)
  101. 6Paragraph 6
  102. Criminal Justice Act 1982 (c. 48)
  103. 7Paragraph 7
  104. Police and Criminal Evidence Act 1984 (c. 60)
  105. 8Paragraph 8 Repealed
  106. 9Paragraph 9 Repealed
  107. Bankruptcy (Scotland) Act 1985 (c. 66)
  108. 10Paragraph 10 Repealed
  109. Drug Trafficking Offences Act 1986 (c. 32)
  110. 11Paragraph 11
  111. Criminal Justice (Scotland) Act 1987 (c. 41)
  112. 12Paragraph 12
  113. 13Paragraph 13
  114. 14Paragraph 14
  115. 15Paragraph 15
  116. 16Paragraph 16
  117. 17Paragraph 17
  118. 18Paragraph 18
  119. 19Paragraph 19
  120. 20Paragraph 20
  121. Criminal Justice Act 1988 (c. 33)
  122. 21Paragraph 21 Repealed
  123. 22Paragraph 22
  124. Extradition Act 1989 (c. 33)
  125. 23Paragraph 23
  126. 24Paragraph 24
  127. Criminal Justice (International Co-operation) Act 1990 (c. 5)
  128. 25Paragraph 25
  129. 26Paragraph 26 Repealed
  130. 27Paragraph 27
  131. 28Paragraph 28
  132. 29Paragraph 29
  133. Criminal Justice Act 1993 (c. 36)
  134. 30Paragraph 30
  135. Schedule 2: Transitional provisions etc
  136. General transitional provisions and savings
  137. 1Paragraph 1
  138. 2Paragraph 2
  139. 3Paragraph 3
  140. 4Paragraph 4
  141. Provision in relation to section 32 of this Act
  142. 5Paragraph 5
  143. Provision in relation to section 34 of this Act
  144. 6Paragraph 6
  145. Provision in relation to Part II of this Act
  146. 7Paragraph 7
  147. Provision in relation to section 21(3) of the Criminal Justice Act 1993
  148. 8Paragraph 8
  149. Provision in relation to section 26(1) of the Criminal Justice Act 1993
  150. 9Paragraph 9
  151. Provision in relation to Schedule 4 to the Criminal Justice Act 1993
  152. 10Paragraph 10
  153. Further transitional provision
  154. 11Paragraph 11
  155. Schedule 3Repeals
  156. TABLE OF DERIVATIONS
  157. 1Paragraph 1
  158. 2Paragraph 2