COMMENTED by
The Proceeds of Crime (Countries and Territories designated under the Criminal Justice Act 1988) Order (Northern Ireland) 1998 (Note)

The Proceeds of Crime (Countries and Territories designated under the Criminal Justice Act 1988) Order (Northern Ireland) 1998

STATUTORY RULES OF NORTHERN IRELAND

1998 No. 88

CRIMINAL PROCEDURE

The Proceeds of Crime (Countries and Territories designated under the Criminal Justice Act 1988) Order (Northern Ireland) 1998

Made 10th March 1998

To be laid before Parliament

Coming into operation 27th April 1998

The Secretary of State, in pursuance of Article 42 of the Proceeds of Crime (Northern Ireland) Order 1996[1], hereby makes the following Order: -

Citation, commencement and interpretation

1. - (1) This Order may be cited as the Proceeds of Crime (Countries and Territories designated under the Criminal Justice Act 1988) Order (Northern Ireland) 1998 and shall come into operation on 27th April 1998.

(2) In this Order -

"the Order" means the Proceeds of Crime (Northern Ireland) Order 1996;

"designated country" means a country or territory designated by an Order in Council under section 96 of the Criminal Justice Act 1988[2] and specified in the first column of Schedule 1;

"appropriate authority of a designated country" means -

(a) the authority specified opposite that country in Schedule 1; or

(b) where no authority is so specified, the authority appearing to the court to be the appropriate authority of that country for the purposes of this Order;

"a court of a designated country" includes a court of any state or territory of a designated country.

Application of the Order to designated countries and territories

2. - (1) The Order shall apply, subject to paragraph (2), to each of the countries and territories specified in Schedule 1, being countries and territories designated under section 96 of the Criminal Justice Act 1988.

(2) In relation to a designated country, the Order shall apply, subject to the modifications specified in Schedule 2, to external confiscation orders and to proceedings which have been or are to be instituted in the designated country and may result in an external confiscation order being made there, and accordingly in relation to such orders and such proceedings, the Order shall have effect as set out in Schedule 3.

Proof of orders and judgments of court of a designated country

3. - (1) For the purposes of Articles 42 and 43 of the Order and of the other provisions of the Order as applied under Article 2(2) -

(a) any order made or judgment given by a court of a designated country purporting to bear the seal of that court or to be signed by any person in his capacity as a judge, magistrate or officer of the court, shall be deemed without further proof to have been duly sealed or, as the case may be, to have been signed by that person; and

(b) a document, duly authenticated, which purports to be a copy of any order made or judgment given by a court of a designated country shall be deemed without further proof to be a true copy.

(2) A document purporting to be a copy of any order made or judgment given by a court of a designated country is duly authenticated for the purpose of paragraph (1)(b) if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in question or by or on behalf of the appropriate authority of the designated country.

Evidence in relation to proceedings and orders in a designated country

4. - (1) For the purposes of Articles 42 and 43 of the Order, and of the other provisions of the Order as applied under Article 2(2), a certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating -

(a) that proceedings have been instituted and have not been concluded, or that proceedings are to be instituted, there;

(b) in a case to which sub-paragraph (b) of Article 4(2) of the Order, as modified by Schedule 2 to this Order, applies, that the defendant has been notified as specified in that sub-paragraph;

(c) that an external confiscation order is in force and is not subject to appeal;

(d) that all or a certain amount of the sum payable under an external confiscation order remains unpaid in the designated country, or that other property recoverable under an external confiscation order remains unrecovered there;

(e) that any person has been notified of any proceedings in accordance with the laws of the designated country; or

(f) that an order (however described) made or to be made by a court of the designated country has the purpose or, as the case may be, will have the purpose -

(i) of recovering property obtained as a result of or in connection with conduct corresponding to an offence to which the Order applies other than a drug trafficking offence or the value of property so obtained; or

(ii) of depriving a person of a pecuniary advantage so obtained, shall, in any proceedings in the High Court, be admissible as evidence of the facts so stated.

(2) In any such proceedings a statement contained in a document, duly authenticated, which purports to have been received in evidence or to be a copy of a document so ...

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