Criminal Justice (Confiscation) (Northern Ireland) Order 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/3146 |
1993No. 3146 (N.I. 13)
NORTHERN IRELAND
The Criminal Justice (Confiscation)
(Northern Ireland) Order 1993
16thDecember1993
13thJanuary1994
At the Court at Buckingham Palace, the 16th day of December 1993
Present,
The Queen's Most Excellent Majesty in Council
Whereas this Order is only made for purposes corresponding to the purposes of sections 16, 18 and 29 to 32 of the Criminal Justice Act 1993 ( a):
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974 ( b) (as modified by section 79(12) of the said Act of 1993) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order and it is hereby ordered as follows:-
Title and commencement
1.-(1) This Order may be cited as the Criminal Justice (Confiscation) (Northern Ireland) Order 1993.
(2) This Order shall come into operation on such day or days as the Secretary of State may by order appoint.
Interpretation
2.-(1) The Interpretation Act (Northern Ireland) 1954 ( c) shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order "the principal Order" means the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 ( d).
Money laundering
3. After Article 28 of the principal Order and the heading "Drug trafficking offences" there shall be inserted-
1954 c. 33 (N.I.)
1990 NI 17
"Failure to disclose knowledge or suspicion of money laundering proceeds of drug trafficking
28A.-(1) A person is guilty of an offence if-
(a) he knows, or suspects, that another person is engaged in money laundering proceeds of drug trafficking;
(b) the information, or other matter, on which that knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment, and
(c) he does not disclose the information or other matter to a constable as soon as is reasonably practicable after it comes to his attention.
(2) Paragraph (1) does not make it an offence for a professional legal adviser to fail to disclose any information or other matter which has come to him in privileged circumstances.
(3) It is a defence to a charge of committing an offence under this Article that the person charged had a reasonable excuse for not disclosing the information or other matter in question.
(4) Where a person discloses to a constable-
(a) his suspicion or belief that another person is engaged in money laundering proceeds of drug trafficking, or
(b) any information or other matter on which that suspicion or belief is based,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
(5) Without prejudice to paragraph (3) or (4), in the case of a person who was in employment at the relevant time, it is a defence to a charge of committing an offence under this Article that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.
(6) A disclosure to which paragraph (5) applies shall not be treated as a breach of any restriction imposed by statute or otherwise.
(7) In this Article "money laundering" means doing any act which constitutes an offence under Article 28B, 29 or 30 or, in the case of an act done otherwise than in Northern Ireland, would constitute such an offence if done in Northern Ireland.
(8) For the purposes of paragraph (7), having possession of any property shall be taken to be doing an act in relation to it.
(9) For the purposes of this Article, any information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated, or given, to him-
(a) by, or by a representative of, a client of his in connection with the giving by the adviser of legal advice to the client;
(b) by, or by a representative of, a person seeking legal advice from the adviser; or
(c) by any person-
(i) in contemplation of, or in connection with, legal proceedings; and
(ii) for the purpose of those proceedings.
(10) No information or other matter shall be treated as coming to a professional legal adviser in privileged circumstances if it is communicated or given with a view to furthering any criminal purpose.
(11) A person guilty of an offence under this Article shall be liable-
(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine or to both; and
(b) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or...
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