Criminal Justice Act 1988 (Enforcement of Northern Ireland Confiscation Orders) Order 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/1968 |
| Year | 1995 |
1995 No. 1968
CRIMINAL LAW, ENGLAND AND WALES
The Criminal Justice Act 1988 (Enforcement of Northern Ireland Confiscation Orders) Order 1995
Made 26th July 1995
Laid before Parliament 7th August 1995
Coming into force 1st September 1995
At the Court at Buckingham Palace, the 26th day of July 1995
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by section 94 of the Criminal Justice Act 19881, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
1.—(1) This Order may be cited as the Criminal Justice Act 1988 (Enforcement of Northern Ireland Confiscation Orders) Order 1995 and shall come into force on 1st September 1995.
(2) In this Order, “the Act” means the Criminal Justice Act 1988, “the Northern Ireland Order” means the Criminal Justice (Confiscation) (Northern Ireland) Order 19902and “Northern Ireland confiscation order” means an order made by a court in Northern Ireland under Article 4 of the Northern Ireland Order (confiscation of proceeds of offences other than drug trafficking offences).
(3) This Order extends to England and Wales only.
2.—(1) For the purposes of sections 76 to 88 of the Act (which make provision in connection with the enforcement of confiscation orders made in England and Wales), Part VI of the Act (confiscation of the proceeds of an offence) shall have effect as if—
(a)
(a) references to confiscation orders included a reference to Northern Ireland confiscation orders;
(b)
(b) references to proceedings in England and Wales or to the institution or conclusion in England and Wales of proceedings included a reference to proceedings in Northern Ireland or to the institution or conclusion in Northern Ireland of proceedings, as the case may be;
(c)
(c) the references to the laying of an information in section 76(2) and (4) included references to making a complaint under Article 20 of the Magistrates' Courts (Northern Ireland) Order 19813;
(d)
(d) subsections (3) to (10) of section 81 were omitted; and
(e)
(e) any sums in the hands of a receiver which are to be applied on the defendant’s behalf towards the satisfaction of the confiscation order were required to be paid to the proper officer as defined in Article 18(10) of the Northern Ireland Order.
(2) ...
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