Drug Trafficking Act 1994

Cited authorities (174)

Cited in

Amendments (861)

Jurisdiction	UK Non-devolved
Citation	1994 c. 37
Year	1994

Contenidos

Drug Trafficking Act 1994
Part I: Confiscation orders

Introductory

^F1 1: Meaning of “drug trafficking” and “drug trafficking offence”

Confiscation orders

^F1 2: Confiscation orders
^F1 3: Postponed determinations
^F1 4: Assessing the proceeds of drug trafficking
^F1 5: Amount to be recovered under confiscation order
^F1 6: Meaning of “amount that might be realised” and “realisable property”
^F1 7: Value of property etc
^F1 8: Gifts caught by this Act
^F1 9: Application of procedure for enforcing fines
^F1 10: Interest on sums unpaid under confiscation orders

Statements etc in connection with confiscation orders

^F1 11: Statements relating to drug trafficking
^F1 12: Provision of information by defendant

Further proceedings in connection with confiscation orders

^F1 13: Reconsideration of case where court has not proceeded under section 2
^F1 14: Re-assessment of whether defendant has benefited from drug trafficking
^F1 15: Revised assessment of proceeds of drug trafficking
^F1 16: Increase in realisable property
^F1 17: Inadequacy of realisable property
^F1 18: Compensation

Confiscation orders where defendant has absconded or died

^F1 19: Powers of High Court where defendant has absconded or died
^F1 20: Effect of conviction where High Court has acted under section 19
^F1 21: Variation of confiscation orders made by virtue of section 19
^F1 22: Compensation etc where absconder is acquitted
^F1 23: Power to discharge confiscation order and order compensation where absconder returns
^F1 24: Provisions supplementary to sections 21, 22 and 23

Restraint orders and charging orders

^F1 25: Cases in which restraint orders and charging orders may be made
^F1 26: Restraint orders
^F1 27: Charging orders in respect of land, securities etc
^F1 28: Charging orders: supplementary provisions

Realisation of property

^F1 29: Realisation of property
^F1 30: Application of proceeds of realisation and other sums

Exercise of powers for the realisation of property

^F1 31: Exercise by High Court, county court or receiver of powers for the realisation of property

Insolvency of defendants etc

^F1 32: Bankruptcy of defendant etc
^F1 33: Sequestration in Scotland of defendant etc
^F1 34: Winding up of company holding realisable property

Protection for insolvency officers etc

^F1 35: Insolvency officers dealing with property subject to restraint order
^F1 36: Receivers: supplementary provisions

Enforcement of orders made outside England and Wales

^F1 37: Recognition and enforcement of orders and functions under Part I of the Criminal Justice (Scotland) Act 1987
^F1 38: Enforcement of Northern Ireland orders
39: Enforcement of external confiscation orders
40: Registration of external confiscation orders

Interpretation

^F1 41: Interpretation of Part I

Part II: Drug trafficking money imported or exported in cash

42: Seizure and detention
43: Forfeiture
44: Appeal against forfeiture order made by a magistrates’ court
45: Appeal against forfeiture order made by sheriff
46: Rules of court
47: Receipts
48: Interpretation of Part II

Part III: Offences in connection with proceeds of drug trafficking

^F1 49: Concealing or transferring proceeds of drug trafficking
^F1 50: Assisting another person to retain the benefit of drug trafficking
^F1 51: Acquisition, possession or use of proceeds of drug trafficking
^F1 52: Failure to disclose knowledge or suspicion of money laundering
^F1 53: Tipping-off
^F1 54: Penalties

Part IV: Miscellaneous and supplemental

Investigations into drug trafficking

55: Order to make material available
56: Authority for search
57: Provisions supplementary to sections 55 and 56
58: Offence of prejudicing investigation
59: Disclosure of information held by government departments
^F16 59A: Construction of sections 55 to 59

Prosecution of offences etc

^F17 60: Revenue and Customs prosecutions
61: Extension of certain offences to Crown servants and exemptions for regulators etc

Interpretation of Act

^F31 62: Meaning of “property” and related expressions
63: General interpretation
^F34 64: Index of defined expressions

Supplemental

65: Consequential amendments and modifications of other Acts
66: Transitional provisions and savings
67: Repeals etc
68: Extent
69: Short title and commencement

SCHEDULES

SCHEDULE 1: (Section 65)

Land Registration Act 1925 (c 21)
Criminal Appeal Act 1968 (c 19)
Misuse of Drugs Act 1971 (c 38)
Civil Jurisdiction and Judgments Act 1982 (c 27)
Criminal Justice Act 1982 (c 48)
Police and Criminal Evidence Act 1984 (c 60)
Bankruptcy (Scotland) Act 1985 (c 66)
Drug Trafficking Offences Act 1986 (c 32)
Criminal Justice (Scotland) Act 1987 (c 41)
Criminal Justice Act 1988 (c 33)
Extradition Act 1989 (c 33)
Criminal Justice (International Co-operation) Act 1990 (c 5)
Criminal Justice Act 1993 (c 36)

SCHEDULE 2: (Section 66) Transitional provisions etc

General transitional provisions and savings
Provision in relation to section 32 of this Act
Provision in relation to section 34 of this Act
Provision in relation to Part II of this Act
Provision in relation to section 21(3) of the Criminal Justice Act 1993
Provision in relation to section 26(1) of the Criminal Justice Act 1993
Provision in relation to Schedule 4 to the Criminal Justice Act 1993
Further transitional provision

SCHEDULE 3: (Section 67) Repeals

TABLE OF DERIVATIONS

Drug Trafficking Act 1994

1994 CHAPTER 37

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]

Be 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:—

Commencement Information

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 Information

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

Part I: Confiscation orders

Introductory

^F1 1: Meaning of “drug trafficking” and “drug trafficking offence”

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments (Textual)

Ss. 1-54 repealed (30.12.2002 for the repeal of ss. 42-48; 24.2.2003 for the repeal of ss. 49-54; 24.3.2003 for the repeal ss. 1-38, 41) by Proceeds of Crime Act 2002 (c. 29), ss. 456, 457, 458(1), Sch. 11 para. 25(1)(2)(a), Sch. 12; S.I. 2002/3015, art. 2, Sch. (with art. 3); S.I. 2003/120, art. 2, Sch. (with arts. 3-6) (as amended (20.2.2003) by S.I. 2003/333, art. 14); S.I. 2003/333, art. 2, Sch. (with arts. 10-13); and ss. 26, 28 amended (13.10.2003) in so far as still in force by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 11 para. 32, Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)

Confiscation orders

^F1 2: Confiscation orders

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments (Textual)

^F1 3: Postponed determinations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments (Textual)

^F1 4: Assessing the proceeds of drug trafficking

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments (Textual)

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