Article 8 Part VI of the Criminal Justice Act 1988

After Order 115, rule 21, there shall be inserted the following new Part –

“II. PART VI OF THE CRIMINAL JUSTICE ACT 1988

Interpretation

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(1)

In this Part of this Order, “the 1988 Act” means the Criminal Justice Act 1988 and a section referred to by number means the section so numbered in that Act.

(2)

Expressions which are used in this Part of this Order which are used in the 1988 Act have the same meanings in this Part of this Order as in the 1988 Act.

Application of Part I of Order 115

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Part I of Order 115 (except rule 11) shall apply for the purposes of proceedings under Part VI of the 1988 Act with the necessary modifications and, in particular, –

(a)

references to drug trafficking offences and to drug trafficking shall be construed as references to offences to which Part VI of the 1988 Act applies and to committing such an offence;

(b)

references to the Drug Trafficking Offences Act 1986 shall be construed as references to the 1988 Act and references to sections 4(2), 8, 9, 11, 12(1), 14(1), 19, 19(4), 26 and 26A of the 1986 Act shall be construed as references to sections 73(6), 77, 78, 80, 81(1), 83(1), 89, 89(5), 96 and 97 of the 1988 Act respectively;

(c)

rule 3(2) shall have effect as if the following sub-paragraphs were substituted for sub-paragraphs (a) and (b) –

“(a)

state, as the case may be, either that proceedings have been instituted against the defendant for an offence to which Part VI of the 1988 Act applies (giving particulars of the offence) and that they have not been concluded or that, whether by the laying of an information or otherwise, a person is to be charged with such an offence;

(b)

state, as the case may be, either that a confiscation order has been made or the grounds for believing that such an order may be made;” and

(d)

rule 7(3) shall have effect as if the words “certificate issued by a magistrates' court or the Crown Court” were substituted for the words “certificate issued by the Crown Court”.”