UNITED KINGDOM STATUTORY INSTRUMENT
1990 No. 1199
CRIMINAL LAW, ENGLAND AND WALES
The Drug Trafficking Offences Act 1986 (Designated Countries and Territories) Order 1990
Made 7th June 1990
Coming into force 21th June 1990
At the Court at Buckingham Palace, the 7th day of June 1990
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 26 of the Drug Trafficking Offences Act 1986, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
S-1
Title, Commencement and ExtentTitle, Commencement and Extent
1.—(1) This Order may be cited as the Drug Trafficking Offences Act 1986 (Designated Countries and Territories) Order 1990 and shall come into force on the fourteenth day following the date of making this Order.
(2) This Order extends to England and Wales only.
Interpretation
2. In this Order—
“the Act” means the Drug Trafficking Offences Act 1986;
“designated country” means a country or territory designated under article 3(1) of this Order;
“appropriate authority of a designated country” means an authority specified opposite that country in Schedule 1 to this Order;
“a court of a designated country” includes a court of any state or territory of a designated country.
S-3
Designation of and application of the Act to countries and territoriesDesignation of and application of the Act to countries and territories
3.—(1) Each of the countries and territories specified in Schedule 1 to this Order is hereby designated for the purposes of sections 26 and 26A of the Act.
(2) In relation to a designated country, the Act shall apply, subject to the modifications specified in Schedule 2 to this Order, 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 Act shall have effect as set out in Schedule 3 to this Order.
S-4
Proof of orders and judgment of court in a designated countryProof of orders and judgment of court in a designated country
4.—(1) For the purposes of sections 26 and 26A of the Act, and of the other provisions of the Act as applied under article 3(2) of this Order—
(a)
(a) any order made or judgment given by a court in 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)
(b) a document, duly authenticated, which purports to be a copy of any order made or judgment given by a court in 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 in a designated country is duly authenticated for the purpose of paragraph (1)(b) above 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.
S-5
Evidence in relation to proceedings and orders in a designated countryEvidence in relation to proceedings and orders in a designated country
5.—(1) For the purposes of sections 26 and 26A of the Act, and of the other provisions of the Act as applied under article 3(2) of this Order, a certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating —
(a)
(a) that proceedings have been instituted and have not been concluded, or that proceedings are to be instituted, there;
(b)
(b) that an external confiscation order is in force and is not subject to appeal;
(c)
(c) 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;
(d)
(d) that any person has been notified of any proceedings in accordance with the law of the designated country; or
(e)
(e) that an order (however described) made by a court of the designated country has the purpose of recovering payments or other rewards received in connection with drug trafficking or their value,
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 received, or to set out or summarise evidence given in proceedings in a court in a designated country, shall be admissible as evidence of any fact stated therein.
(3) A document is duly authenticated for the purposes of paragraph (2) above if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in the designated country, or by or on behalf of the appropriate authority of the designated country, to have been received in evidence or to be a copy of a document so received, or, as the case may be, to be the original document containing or summarising the evidence or a true copy of that document.
(4) Nothing in this article shall prejudice the admission of any evidence, whether contained in any document or otherwise, which is admissible apart from this article.
S-6
Representation of government of a designated countryRepresentation of government of a designated country
6. A request for assistance sent to the Secretary of State by the appropriate authority of a designated country shall, unless the contrary is shown, be deemed to constitute the authority of the government of that country for the Crown Prosecution Service or the Commissioners of Customs and Excise to act on its behalf in any proceedings in the High Court under section 26A of the Act or any other provision of the Act as applied by article 3(2) of this Order.
S-7
Satisfaction of confiscation order in a designated countrySatisfaction of confiscation order in a designated country
7.—(1) Where—
(a)
(a) a confiscation order has been made under section 1 of the Act; and
(b)
(b) a request has been sent by the Secretary of State to the appropriate authority of a designated country for assistance in enforcing that order; and
(c)
(c) in execution of that request property is recovered in that country,
the amount payable under the confiscation order shall be treated as reduced by the value of the property so recovered.
(2) For the purposes of this article, and without prejudice to the admissibility of any evidence which may be admissible apart from this paragraph, a certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating that property has been recovered there in execution of a request by the Secretary of State, stating the value of the property so recovered and the date on which it was recovered shall, in any proceedings in a court in England and Wales, be admissible as evidence of the facts so stated.
Currency conversion
8.—(1) Where the value of property recovered as described in article 7(1) of this Order is expressed in a currency other than that of the United Kingdom, the extent to which the amount payable under the confiscation order is to be reduced under that paragraph shall be calculated on the basis of the exchange rate prevailing on the date on which the property was recovered in the designated country concerned.
(2) Where an amount of money payable or remaining to be paid under an external confiscation order registered in the High Court under section 26A of the Act is expressed in a currency other than that of the United Kingdom, for the purpose of any action taken in relation to that order under the Act as applied under article 3(2) of this Order the amount shall be converted into the currency of the United Kingdom on the basis of the exchange rate prevailing on the date of registration of the order.
(3) For the purposes of this article a written certificate purporting to be signed by any person acting in his capacity as an officer of any bank in the United Kingdom and stating the exchange rate prevailing on a specified date shall be admissible as evidence of the facts so stated.
G. I. de Deney
Clerk of the Privy Council
SCHEDULE 1
Article 3(1)
SCHEDULE 1
Designated country |
Appropriate authority |
Anguilla |
the Attorney General of Anguilla |
Australia |
the Attorney General’s Department |
the Bahamas |
the Attorney General of the Bahamas |
Bermuda |
the Attorney General of Bermuda |
Canada |
the Minister of Justice or officials designated by that Minister |
Gibraltar |
the Attorney General of Gibraltar |
Guernsey |
Her Majesty’s Attorney General for the Bailiwick of Guernsey |
Isle of Man |
Her Majesty’s Attorney General for the Isle of Man |
Jersey |
Her Majesty’s Attorney General for the Bailiwick of Jersey |
Malaysia |
the Inspector General of Police, Malaysia |
Nigeria |
the Attorney General of the Federation of the Republic of Nigeria |
Spain |
the Ministerio de Justicia, Madrid |
Sweden |
the Ministry for Foreign Affairs |
Switzerland |
the Eidgenössisches Justiz und Polizeidepartement |
United Mexican States |
the Office of the Attorney General |
United States of America |
the Attorney General of the United States of America |
SCHEDULE 2
Article 3(2)
MODIFICATIONS OF THE DRUG TRAFFICKING OFFENCES ACT 1986
1. For section 1 there shall be substituted the following section:
“External confiscation orders
1.—(1) An order made by a court in a designated country for the purpose of recovering payments or other rewards received in connection with drug trafficking or...
