Azerbaijan, Statement
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This section has effect where the Secretary of State receives from the government of, or other authority in, a country or territory outside the United Kingdom— together with a request for it to be served on a person in the United Kingdom.
a summons or other process requiring a person to appear as defendant or attend as a witness in criminal proceedings in that country or territory; or
a document issued by a court exercising criminal jurisdiction in that country or territory and recording a decision of the court made in the exercise of that jurisdiction,
The Secretary of State or, where the person to be served is in Scotland, the Lord Advocate may cause the process or document to be served by post or, if the request is for personal service, direct the chief officer of police for the area in which that person appears to be to cause it to be personally served on him.
Service by virtue of this section of any such process as is mentioned in subsection (1)(a) above shall not impose any obligation under the law of any part of the United Kingdom to comply with it.
Any such process served by virtue of this section shall be accompanied by a notice—
stating the effect of subsection (3) above;
indicating that the person on whom it is served may wish to seek advice as to the possible consequences of his failing to comply with the process under the law of the country or territory where it was issued; and
indicating that under that law he may not, as a witness, be accorded the same rights and privileges as would be accorded to him in criminal proceedings in the United Kingdom.
Where a chief officer of police is directed under this section to cause any process or document to be served he shall after it has been served forthwith inform the Secretary of State or, as the case may be, the Lord Advocate when and how it was served and (if possible) furnish him with a receipt signed by the person on whom it was served; and if the chief officer has been unable to cause the process or document to be served he shall forthwith inform the Secretary of State or, as the case may be, the Lord Advocate of that fact and of the reason.
In the application of this section to Northern Ireland for references to a chief officer of police there shall be substituted references to the Chief Constable of the Royal Ulster Constabulary.
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Process of the following descriptions, that is to say— may be issued or made notwithstanding that the person in question is outside the United Kingdom and may be served outside the United Kingdom in accordance with arrangements made by the Secretary of State.
a summons requiring a person charged with an offence to appear before a court in the United Kingdom; and
a summons or order requiring a person to attend before a court in the United Kingdom for the purpose of giving evidence in criminal proceedings,
In relation to Scotland subsection (1) above applies to any document which may competently be served on any accused person or on any person who may give evidence in criminal proceedings.
Service of any process outside the United Kingdom by virtue of this section shall not impose any obligation under the law of any part of the United Kingdom to comply with it and accordingly failure to do so shall not constitute contempt of any court or be a ground for issuing a warrant to secure the attendance of the person in question or, in Scotland, for imposing any penalty.
Subsection (3) above is without prejudice to the service of any process (with the usual consequences for non-compliance) on the person in question if subsequently effected in the United Kingdom.
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Where on an application made in accordance with subsection (2) below it appears to a justice of the peace or a judge or, in Scotland, to a sheriff or a judge— he may issue a letter (“a letter of request”) requesting assistance in obtaining outside the United Kingdom such evidence as is specified in the letter for use in the proceedings or investigation.
that an offence has been committed or that there are reasonable grounds for suspecting that an offence has been committed; and
that proceedings in respect of the offence have been instituted or that the offence is being investigated,
An application under subsection (1) above may be made by a prosecuting authority or, if proceedings have been instituted, by the person charged in those proceedings.
A prosecuting authority which is for the time being designated for the purposes of this section by an order made by the Secretary of State by statutory instrument may itself issue a letter of request if—
it is satisfied as to the matters mentioned in subsection (1)(a) above; and
the offence in question is being investigated or the authority has instituted proceedings in respect of it.
Subject to subsection (5) below, a letter of request shall be sent to the Secretary of State for transmission either—
to a court or tribunal specified in the letter and exercising jurisdiction in the place where the evidence is to be obtained; or
to any authority recognised by the government of the country or territory in question as the appropriate authority for receiving requests for assistance of the kind to which this section applies.
In cases of urgency a letter of request may be sent direct to such a court or tribunal as is mentioned in subsection (4)(a) above.
In this section “evidence” includes documents and other articles.
Evidence obtained by virtue of a letter of request shall not without the consent of such an authority as is mentioned in subsection (4)(b) above be used for any purpose other than that specified in the letter; and when any document or other article obtained pursuant to a letter of request is no longer required for that purpose (or for any other purpose for which such consent has been obtained), it shall be returned to such an authority unless that authority indicates that the document or article need not be returned.
In exercising the discretion conferred by section 25 of the Criminal Justice Act 1988 (exclusion of evidence otherwise admissible) in relation to a statement contained in evidence taken pursuant to a letter of request the court shall have regard—
to whether it was possible to challenge the statement by questioning the person who made it; and
if proceedings have been instituted, to whether the local law allowed the parties to the proceedings to be legally represented when the evidence was being taken.
In Scotland evidence obtained by virtue of a letter of request shall, without being sworn to by witnesses, be received in evidence in so far as that can be done without unfairness to either party.
In the application of this section to Northern Ireland for the reference in subsection (1) to a justice of the peace there shall be substituted a reference to a resident magistrate and for the reference in subsection (8) to section 25 of the Criminal Justice Act 1988 there shall be substituted a reference to Article 5 of the Criminal Justice (Evidence, Etc.)(Northern Ireland) Order 1988.
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This section has effect where the Secretary of State receives— a request for assistance in obtaining evidence in the United Kingdom in connection with criminal proceedings that have been instituted, or a criminal investigation that is being carried on, in that country or territory.
from a court or tribunal exercising criminal jurisdiction in a country or territory outside the United Kingdom or a prosecuting authority in such a country or territory; or
from any other authority in such a country or territory which appears to him to have the function of making requests of the kind to which this section applies,
If the Secretary of State or, if the evidence is to be obtained in Scotland, the Lord Advocate is satisfied— he may, if he thinks fit, by a notice in writing nominate a court in England, Wales or Northern Ireland or, as the case may be, Scotland to receive such of the evidence to which the request relates as may appear to the court to be appropriate for the purpose of giving effect to the request.
that an offence under the law of the country or territory in question has been committed or that there are reasonable grounds for suspecting that such an offence has been committed; and
that proceedings in respect of that offence have been instituted in that country or territory or that an investigation into that offence is being carried on there,
Where it appears to the Secretary of State or, as the case may be, the Lord Advocate that the request relates to a fiscal offence in respect of which proceedings have not yet been instituted he shall not exercise his powers under subsection (2) above unless—
the request is from a country or territory which is a member of the Commonwealth or is made pursuant to a treaty to which the United Kingdom is a party; or
he is satisfied that the conduct constituting the offence would constitute an offence of the same or a similar nature if it had occurred in the United Kingdom.
For the purpose of satisfying himself as to the matters mentioned in subsection (2)(a) and (b) above the Secretary of State or, as the case may be, the Lord Advocate shall regard as conclusive a certificate issued by such authority in the country or territory in question as appears to him to be appropriate.
In this section “evidence” includes documents and other articles.
Schedule 1 to this Act shall have effect with respect to the proceedings before a nominated court in pursuance of a notice under subsection (2) above.
The Secretary of State may, if he thinks fit, issue a warrant providing for any person (“a prisoner”) serving a sentence in a prison or other institution to which the Prison Act 1952 or the Prisons (Scotland) Act 1989 applies to be transferred to a country or territory outside the United Kingdom for the purpose—
of giving evidence in criminal proceedings there; or
of being identified in, or otherwise by his presence assisting, such proceedings or the investigation of an offence.
No warrant shall be issued under this section in respect of any prisoner unless he has consented to being transferred as mentioned in subsection (1) above and that consent may be given either— but a consent once given shall not be capable of being withdrawn after the issue of the warrant.
by the prisoner himself; or
in circumstances in which it appears to the Secretary of State inappropriate, by reason of the prisoner’s physical or mental condition or his youth, for him to act for himself, by a person appearing to the Secretary of State to be an appropriate person to act on his behalf;
The effect of a warrant under this section shall be to authorise—
the taking of the prisoner to a place in the United Kingdom and his delivery at a place of departure from the United Kingdom into the custody of a person representing the appropriate authority of the country or territory to which the prisoner is to be transferred; and
the bringing of the prisoner back to the United Kingdom and his transfer in custody to the place where he is liable to be detained under the sentence to which he is subject.
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Where a warrant has been issued in respect of a prisoner under this section he shall be deemed to be in legal custody at any time when, being in the United Kingdom or on board a British ship, British aircraft or British hovercraft, he is being taken under the warrant to or from any place or being kept in custody under the warrant.
A person authorised by or for the purposes of the warrant to take the prisoner to or from any place or to keep him in custody shall have all the powers, authority, protection and privileges—
of a constable in the part of the United Kingdom in which that person is for the time being; or
if he is outside the United Kingdom, of a constable in the part of the United Kingdom to or from which the prisoner is to be taken under the warrant.
If the prisoner escapes or is unlawfully at large, he may be arrested without warrant by a constable and taken to any place to which he may be taken under the warrant issued under this section.
In subsection (4) above— and in this subsection references to Her Majesty’s aircraft, hovercraft or ships are references to aircraft, hovercraft or, as the case may be, ships belonging to or exclusively employed in the service of Her Majesty in right of the Government of the United Kingdom.
“British aircraft” means a British-controlled aircraft within the meaning of section 92 of the Civil Aviation Act 1982 (application of criminal law to aircraft) or one of Her Majesty’s aircraft;
“the Vienna Convention” means the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances which was signed in Vienna on 20th December 1988.
“British hovercraft” means a British-controlled hovercraft within the meaning of that section as applied in relation to hovercraft by virtue of provisions made under the Hovercraft Act 1968 or one of Her Majesty’s hovercraft;
“British ship” means a British ship for the purposes of the Merchant Shipping Acts 1894 to 1988 or one of Her Majesty’s ships;
“the territorial sea of the United Kingdom” includes the territorial sea adjacent to any of the Channel Islands, the Isle of Man or any colony;
In subsection (6) above “constable”, in relation to any part of the United Kingdom, means any person who is a constable in that or any other part of the United Kingdom or any person who, at the place in question has, under any enactment including subsection (5) above, the powers of a constable in that or any other part of the United Kingdom.
This section applies to a person in custody awaiting trial or sentence and a person committed to prison for default in paying a fine as it applies to a prisoner and the reference in subsection (3)(b) above to a sentence shall be construed accordingly.
In the application of this section to Northern Ireland for the reference in subsection (1) to the Prison Act 1952 there shall be substituted a reference to the Prison Act (Northern Ireland) 1953.
This section has effect where—
a witness order has been made or a witness summons or citation issued in criminal proceedings in the United Kingdom in respect of a person (“a prisoner”) who is detained in custody in a country or territory outside the United Kingdom by virtue of a sentence or order of a court or tribunal exercising criminal jurisdiction in that country or territory; or
it appears to the Secretary of State that it is desirable for a prisoner to be identified in, or otherwise by his presence to assist, such proceedings or the investigation in the United Kingdom of an offence.
If the Secretary of State is satisfied that the appropriate authority in the country or territory where the prisoner is detained will make arrangements for him to come to the United Kingdom to give evidence pursuant to the witness order, witness summons or citation or, as the case may be, for the purpose mentioned in subsection (1)(b) above, he may issue a warrant under this section.
No warrant shall be issued under this section in respect of any prisoner unless he has consented to being brought to the United Kingdom to give evidence as aforesaid or, as the case may be, for the purpose mentioned in subsection (1)(b) above but a consent once given shall not be capable of being withdrawn after the issue of the warrant.
The effect of the warrant shall be to authorise—
the bringing of the prisoner to the United Kingdom;
the taking of the prisoner to, and his detention in custody at, such place or places in the United Kingdom as are specified in the warrant; and
the returning of the prisoner to the country or territory from which he has come.
Subsections (4) to (8) of section 5 above shall have effect in relation to a warrant issued under this section as they have effect in relation to a warrant issued under that section.
A person shall not be subject to the Immigration Act 1971 in respect of his entry into or presence in the United Kingdom in pursuance of a warrant under this section but if the warrant ceases to have effect while he is still in the United Kingdom—
he shall be treated for the purposes of that Act as if he has then illegally entered the United Kingdom; and
the provisions of Schedule 2 to that Act shall have effect accordingly except that paragraph 20(1) (liability of carrier for expenses of custody etc. of illegal entrant) shall not have effect in relation to directions for his removal given by virtue of this subsection.
This section applies to a person detained in custody in a country or territory outside the United Kingdom in consequence of — as it applies to a person detained as mentioned in subsection (1) above.
from the United Kingdom under the Repatriation of Prisoners Act 1984; or
having been transferred there, or responsibility for his detention and release having been transferred there, from the United Kingdom under the Repatriation of Prisoners Act 1984;
having been transferred there, or responsibility for his detention and release having been transferred there, under any similar provision or arrangement from any other country or territory,
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Part II of the Police and Criminal Evidence Act 1984 (powers of entry, search and seizure) shall have effect as if references to serious arrestable offences in section 8 of and Schedule 1 to that Act included any conduct which is an offence under the law of a country or territory outside the United Kingdom and would constitute a serious arrestable offence if it had occurred in any part of the United Kingdom.
If, on an application made by a constable, a justice of the peace is satisfied— he may issue a warrant authorising a constable to enter and search those premises and to seize any such evidence found there.
that criminal proceedings have been instituted against a person in a country or territory outside the United Kingdom or that a person has been arrested in the course of a criminal investigation carried on there;
that the conduct constituting the offence which is the subject of the proceedings or investigation would constitute an arrestable offence within the meaning of the said Act of 1984 if it had occurred in any part of the United Kingdom; and
that there are reasonable grounds for suspecting that there is on premises in the United Kingdom occupied or controlled by that person evidence relating to the offence other than items subject to legal privilege within the meaning of that Act,
The power to search conferred by subsection (2) above is only a power to search to the extent that is reasonably required for the purpose of discovering such evidence as is there mentioned.
No application for a warrant or order shall be made by virtue of subsection (1) or (2) above except in pursuance of a direction given by the Secretary of State in response to a request received— and any evidence seized by a constable by virtue of this section shall be furnished by him to the Secretary of State for transmission to that court, tribunal or authority.
from a court or tribunal exercising criminal jurisdiction in the overseas country or territory in question or a prosecuting authority in that country or territory; or
from any other authority in that country or territory which appears to him to have the function of making requests for the purposes of this section;
If in order to comply with the request it is necessary for any such evidence to be accompanied by any certificate, affidavit or other verifying document the constable shall also furnish for transmission such document of that nature as may be specified in the direction given by the Secretary of State.
Where the evidence consists of a document the original or a copy shall be transmitted, and where it consists of any other article the article itself or a description, photograph or other representation of it shall be transmitted, as may be necessary in order to comply with the request.
The Treasury may by order direct that any powers which by virtue of this section are exercisable by a constable shall also be exercisable by, or by any person acting under the direction of, an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979; and the Secretary of State may by order direct that any of those powers shall also be exercisable by a person of any other description specified in the order.
An order under subsection (7) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
In the application of this section to Northern Ireland for references to the Police and Criminal Evidence Act 1984, to Part II and section 8 of and to Schedule 1 to that Act there shall be substituted references to the Police and Criminal Evidence (Northern Ireland) Order 1989, to Part III and Article 10 of and to Schedule 1 to that Order.
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If, on an application made by the procurator fiscal, it appears to the sheriff— the sheriff shall have the like power to grant warrant authorising entry, search and seizure by any constable as he would have at common law in respect of any offence punishable at common law in Scotland.
that there are reasonable grounds for believing that an offence under the law of a country or territory outside the United Kingdom has been committed; and
that the conduct constituting that offence would constitute an offence punishable by imprisonment if it had occurred in Scotland,
No application for a warrant shall be made by virtue of subsection (1) above except in pursuance of a direction given by the Lord Advocate in response to a request received by the Secretary of State— and any evidence seized by the constable by virtue of this section shall be furnished by him to the Lord Advocate for transmission to that court, tribunal or authority.
from a court or tribunal exercising criminal jurisdiction in the overseas country or territory in question or a prosecuting authority in that country or territory; or
from any other authority in that country or territory which appears to him to have the function of making requests for the purpose of this section,
If in order to comply with the request it is necessary for any such evidence to be accompanied by any certificate, affidavit or other verifying document the constable shall also furnish for transmission such document of that nature as may be specified in the direction given by the Lord Advocate.
Where the evidence consists of a document the original or a copy shall be transmitted, and where it consists of any other article the article itself or a description, photograph or other representation of it shall be transmitted, as may be necessary in order to comply with the request.
The Treasury may by order direct that any powers to enter, search or seize granted by virtue of subsection (1) above which may be exercised by a constable shall also be exercisable by, or by any person acting under the direction of, an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979; and the Secretary of State may by order direct that any of those powers shall also be exercisable by a person of any other description specified in the order.
An order under subsection (5) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Her Majesty may by Order in Council provide for the enforcement in the United Kingdom of any order which—
is made by a court in a country or territory outside the United Kingdom designated for the purposes of this section by the Order in Council; and
is for the forfeiture and destruction, or the forfeiture and other disposal, of anything in respect of which an offence to which this section applies has been committed or which was used or intended for use in connection with the commission of such an offence.
Without prejudice to the generality of subsection (1) above the provision that may be made by virtue of that subsection includes provision which, for the purpose of facilitating the enforcement of any order that may be made, has effect at times before there is an order to be enforced.
Without prejudice to the generality of subsection (1) above an Order in Council under this section may provide for the registration by a court in the United Kingdom of any order as a condition of its enforcement and prescribe requirements to be satisfied before an order can be registered.
An Order in Council under this section may include such supplementary and incidental provisions as appear to Her Majesty to be necessary or expedient and may apply for the purposes of the Order (with such modifications as appear to Her Majesty to be appropriate) any provisions relating to confiscation or forfeiture orders under any other enactment.
An Order in Council under this section may make different provision for different cases.
An Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This section applies to any offence that corresponds to or is similar to—
an offence under the law of England and Wales;
an offence under the law of Scotland; or
an offence under the law of Northern Ireland.
Provision may be made by rules of court for any purpose for which it appears to the authority having power to make the rules that it is necessary or expedient that provision should be made in connection with any of the provisions of this Part of this Act.
Rules made for the purposes of Schedule 1 to this Act may, in particular, make provision with respect to the persons entitled to appear or take part in the proceedings to which that Schedule applies and for excluding the public from any such proceedings.
An Order in Council under section 9 above may authorise the making of rules of court for any purpose specified in the Order.
Rules of court made under this section by the High Court in Scotland shall be made by Act of Adjournal.
This section is without prejudice to the generality of any existing power to make rules.
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Section 2 above applies also to a summons requiring a person charged with a civil offence to appear before a service court (whether or not in the United Kingdom) or to attend before such a court for the purpose of giving evidence in proceedings for such an offence; and a warrant may be issued under section 6 above where—
such a summons has been issued in respect of a prisoner within the meaning of that section; or
it appears to the Secretary of State that it is desirable for such a prisoner to be identified in, or otherwise by his presence to assist, such proceedings or the investigation of such an offence.
Section 5 above applies also to a person serving a sentence of detention imposed by a service court or detained in custody awaiting trial by such a court.
In this section “a civil offence” has the same meaning as in the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957 and “service court” means a court-martial constituted under any of those Acts or a Standing Civilian Court.
It is an offence for a person— knowing or suspecting that the substance is to be used in or for the unlawful production of a controlled drug.
to manufacture a scheduled substance; or
to supply such a substance to another person,
A person does not commit an offence under subsection (1) above if he manufactures or, as the case may be, supplies the scheduled substance with the express consent of a constable.
A person guilty of an offence under subsection (1) above is liable—
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or both.
In this section “a controlled drug” has the same meaning as in the Misuse of Drugs Act 1971 and “unlawful production of a controlled drug” means the production of such a drug which is unlawful by virtue of section 4(1)(a) of that Act.
In this section and elsewhere in this Part of this Act “a scheduled substance” means a substance for the time being specified in Schedule 2 to this Act.
Her Majesty may by Order in Council amend that Schedule (whether by addition, deletion or transfer from one Table to the other) but—
no such Order shall add any substance to the Schedule unless—
it appears to Her Majesty to be frequently used in or for the unlawful production of a controlled drug; or
it has been added to the Annex to the Vienna Convention under Article 12 of that Convention; and
no such Order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
The Secretary of State may by regulations make provision—
imposing requirements as to the documentation of transactions involving scheduled substances;
requiring the keeping of records and the furnishing of information with respect to such substances;
for the inspection of records kept pursuant to the regulations;
for the labelling of consignments of scheduled substances.
Regulations made by virtue of subsection (1)(b) may, in particular, require— and for the purposes of section 68 of the Customs and Excise Management Act 1979 (offences relating to exportation of prohibited or restricted goods) any such substance shall be deemed to be exported contrary to a restriction for the time being in force with respect to it under this Act if it is exported without the requisite notification having been given.
the notification of the proposed exportation of substances specified in Table I in Schedule 2 to this Act to such countries as may be specified in the regulations; and
the production, in such circumstances as may be so specified, of evidence that the required notification has been given;
Regulations under this section may make different provision in relation to the substances specified in Table I and Table II in Schedule 2 to this Act respectively and in relation to different cases or circumstances.
The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Any person who fails to comply with any requirement imposed by the regulations or, in purported compliance with any such requirement, furnishes information which he knows to be false in a material particular or recklessly furnishes information which is false in a material particular is guilty of an offence and liable—
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
No information obtained pursuant to the regulations shall be disclosed except for the purposes of criminal proceedings or of proceedings under the provisions of ... relating to the confiscation of the proceeds of drug trafficking or corresponding provisions in force in Northern Irelandor of proceedings under Part 2, 3 or 4 of the Proceeds of Crime Act 2002.
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A person is guilty of an offence if he— for the purpose of avoiding prosecution for a drug trafficking offence or the making or enforcement in his case of a confiscation order.
conceals or disguises any property which is, or in whole or in part directly or indirectly represents, his proceeds of drug trafficking; or
converts or transfers that property or removes it from the jurisdiction,
A person is guilty of an offence if, knowing or having reasonable grounds to suspect that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, he— for the purpose of assisting any person to avoid prosecution for a drug trafficking offence or the making or enforcement of a confiscation order.
conceals or disguises that property; or
converts or transfers that property or removes it from the jurisdiction,
A person is guilty of an offence if, knowing or having reasonable grounds to suspect that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, he acquires that property for no, or for inadequate, consideration.
In subsections (1)(a) and (2)(a) above the references to concealing or disguising any property include references to concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it.
For the purposes of subsection (3) above consideration given for any property is inadequate if its value is significantly less than the value of that property, and there shall not be treated as consideration the provision for any person of services or goods which are of assistance to him in drug trafficking.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or both.
If any sum required to be paid by a person under a confiscation order is not paid when it is required to be paid (whether forthwith on the making of the order or at a time specified . . . under section 396(1) of the Criminal Procedure (Scotland) Act 1975) that person shall be liable to pay interest on that sum for the period for which it remains unpaid and the amount of the interest shall for the purposes of enforcement be treated as part of the amount to be recovered from him under the confiscation order.
The sheriff may, on the application of the prosecutor, increase the term of imprisonment or detention fixed in respect of the confiscation order under section 396(2) of the said Act of 1975 (imprisonment in default of payment) if the effect of subsection (1) above is to increase the maximum period applicable in relation to the order under section 407(1A) of the said Act of 1975.
The rate of interest under subsection (1) above . . . shall be the rate payable under a decree of the Court of Session.
This section has effect where by virtue of section 4(3) of the Drug Trafficking Offences Act 1986 (insufficient realisable property) the amount which a person is ordered to pay by a confiscation order is less than the amount assessed to be the value of his proceeds of drug trafficking.
If, on an application made in accordance with subsection (3) below, the High Court is satisfied that the amount that might be realised in the case of the person in question is greater than the amount taken into account in making the confiscation order (whether it was greater than was thought when the order was made or has subsequently increased) the court shall issue a certificate to that effect, giving the court’s reasons.
An application under subsection (2) above may be made either by the prosecutor or by a receiver appointed under the said Act of 1986 in relation to the realisable property of the person in question.
Where a certificate has been issued under subsection (2) above the prosecutor may apply to the Crown Court for an increase in the amount to be recovered under the confiscation order; and on that application the court may—
substitute for that amount such amount (not exceeding the amount assessed as the value referred to in subsection (1) above) as appears to the court to be appropriate having regard to the amount now shown to be realisable; and
increase the term of imprisonment or detention fixed in respect of the confiscation order under subsection (2) of section 31 of the Powers of Criminal Courts Act 1973 (imprisonment in default of payment) if the effect of the substitution is to increase the maximum period applicable in relation to the order under subsection (3A) of that section.
This section has effect where by virtue of section 1(1)(b) of the Criminal Justice (Scotland) Act 1987 (insufficient realisable property) the amount which a person is ordered to pay by a confiscation order is less than the amount assessed to be the value of his proceeds of drug trafficking.
If, on an application made in accordance with subsection (3) below, the Court of Session is satisfied that the amount that might be realised in the case of the person in question is greater than the amount taken into account in making the confiscation order (whether it was greater than was thought when the order was made or has subsequently increased) the court shall issue a certificate to that effect, giving the court’s reasons.
An application under subsection (2) above may be made either by the prosecutor or by an administrator appointed under section 13(1) of the said Act of 1987 in relation to the realisable property of the person in question.
Where a certificate has been issued under subsection (2) above the prosecutor may apply to the High Court of Justiciary for an increase in the amount to be recovered under the confiscation order; and on that application the court may—
substitute for that amount such amount (not exceeding the amount assessed as the value referred to in subsection (1) above) as appears to the court to be appropriate having regard to the amount now shown to be realisable; and
increase the term of imprisonment or detention fixed in respect of the confiscation order under subsection (2) of section 396 of the Criminal Procedure (Scotland) Act 1975 (imprisonment in default of payment) if the effect of the substitution is to increase the maximum period applicable in relation to the order under subsection (1A) of section 407 of that Act.
Anything which would constitute a drug trafficking offence if done on land in any part of the United Kingdom shall constitute that offence if done on a British ship.
This section applies to a British ship, a ship registered in a state other than the United Kingdom which is a party to the Vienna Convention (a “Convention state”) and a ship not registered in any country or territory.
A person is guilty of an offence if on a ship to which this section applies, wherever it may be, he— knowing or having reasonable grounds to suspect that the drug is intended to be imported or has been exported contrary to section 3(1) of the Misuse of Drugs Act 1971 or the law of any state other than the United Kingdom.
has a controlled drug in his possession; or
is in any way knowingly concerned in the carrying or concealing of a controlled drug on the ship,
A certificate purporting to be issued by or on behalf of the government of any state to the effect that the importation or export of a controlled drug is prohibited by the law of that state shall be evidence, and in Scotland sufficient evidence, of the matters stated.
A person guilty of an offence under this section is liable—
in a case where the controlled drug is a Class A drug—
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for life or a fine or both;
in a case where the controlled drug is a Class B drug or a temporary class drug—
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or both;
in a case where the controlled drug is a Class C drug—
on summary conviction, to imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or both.
In this section “a controlled drug” and the references to controlled drugs of a specified Class have the same meaning as in the said Act of 1971; and an offence under this section shall be included in the offences to which section 28 of that Act (defences) applies.
The powers conferred on an enforcement officer by Schedule 3 to this Act shall be exercisable in relation to any ship to which section 18 or 19 above applies for the purpose of detecting and the taking of appropriate action in respect of the offences mentioned in those sections.
Those powers shall not be exercised outside the landward limits of the territorial sea of the United Kingdom in relation to a ship registered in a Convention state except with the authority of the Commissioners of Customs and Excise; and they shall not give their authority unless that state has in relation to that ship—
requested the assistance of the United Kingdom for the purpose mentioned in subsection (1) above; or
authorised the United Kingdom to act for that purpose.
In giving their authority pursuant to a request or authorisation from a Convention state the Commissioners of Customs and Excise shall impose such conditions or limitations on the exercise of the powers as may be necessary to give effect to any conditions or limitations imposed by that state.
The Commissioners of Customs and Excise may, either of their own motion or in response to a request from a Convention state, authorise a Convention state to exercise, in relation to a British ship, powers corresponding to those conferred on enforcement officers by Schedule 3 to this Act but subject to such conditions or limitations, if any, as they may impose.
Subsection (4) above is without prejudice to any agreement made, or which may be made, on behalf of the United Kingdom whereby the United Kingdom undertakes not to object to the exercise by any other state in relation to a British ship of powers corresponding to those conferred by that Schedule.
The powers conferred by that Schedule shall not be exercised in the territorial sea of any state other than the United Kingdom without the authority of the Commissioners of Customs and Excise and they shall not give their authority unless that state has consented to the exercise of those powers.
Proceedings under this Part of this Act or Schedule 3 in respect of an offence on a ship may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
No such proceedings shall be instituted—
in England or Wales except by or with the consent of the Director of Public Prosecutions ...
in Northern Ireland except by or with the consent of the Director of Public Prosecutions for Northern Ireland or those Commissioners.
Without prejudice to subsection (2) above no proceedings for an offence under section 19 above alleged to have been committed outside the landward limits of the territorial sea of the United Kingdom on a ship registered in a Convention state shall be instituted except in pursuance of the exercise with the authority of the Commissioners of Customs and Excise of the powers conferred by Schedule 3 to this Act; and section 3 of the Territorial Waters Jurisdiction Act 1878 (consent of Secretary of State for certain prosecutions) shall not apply to those proceedings.
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The offences to which an Order in Council under section 2 of the Extradition Act 1870 can apply shall include drug trafficking offences.
In paragraph 15 of Schedule 1 to the Extradition Act 1989 (extradition offences treated as within jurisdiction of foreign states) after paragraph (i) there shall be inserted—.
At the end of subsection (2) of section 22 of the said Act of 1989 (extradition offences under Conventions) there shall be inserted— and at the end of subsection (4) of that section there shall be insertedand.
The Misuse of Drugs Act 1971 shall be amended as follows.
In section 12(1) (prohibition direction on practitioner etc. in consequence of conviction) after paragraph (b) there shall be inserted—.
In section 21 (offences by bodies corporate) after the words “any offence under this Act” there shall be inserted the words “ or Part II of the Criminal Justice (International Co-operation) Act 1990 ”.
In section 23 (power to search and obtain evidence) after subsection (3) there shall be inserted—
The Secretary of State may by regulations provide that, in such circumstances as may be prescribed, section 14(2) above shall apply to such persons in the public service of the Crown, or such categories of person in that service, as may be prescribed.
In this section—
“scheduled substance” has the meaning given in section 12(4) above;
The power to make regulations under this section shall be exercisable by statutory instrument.
Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part of this Act—
“exported”, in relation to any cash, includes its being brought to any place in the United Kingdom for the purpose of being exported;
“the Crown” includes the Crown in right of Her Majesty’s Government in Northern Ireland; and
“scheduled substance” has the meaning given in section 12(4) above;
“British hovercraft” means a British-controlled hovercraft within the meaning of that section as applied in relation to hovercraft by virtue of provisions made under the Hovercraft Act 1968 or one of Her Majesty’s hovercraft;
“ship” includes any vessel used in navigation;
“the territorial sea of the United Kingdom” includes the territorial sea adjacent to any of the Channel Islands, the Isle of Man or any colony;
Any expression used in this Part of this Act which is also used in the Drug Trafficking Act 1994 has the same meaning as in that Act and, in section 22(1), “drug trafficking offences” includes drug trafficking offences within the meaning of the Proceeds of Crime (Northern Ireland) Order 1996.
In relation to Scotland, any expression used in this Part of this Act which is also used in the Criminal Justice (Scotland) Act 1987 has the same meaning as in that Act and “drug trafficking offence” means an offence to which section 1 of that Act relates.
If in any proceedings under this Part of this Act any question arises whether any country or territory is a state or is a party to the Vienna Convention, a certificate issued by or under the authority of the Secretary of State shall be conclusive evidence on that question.
A customs officer or constable may seize and, in accordance with this section, detain any cash which is being imported into or exported from the United Kingdom if its amount is not less than the prescribed sum and he has reasonable grounds for suspecting that it directly or indirectly represents any person’s proceeds of, or is intended by any person for use in, drug trafficking.
Cash seized by virtue of this section shall not be detained for more than forty-eight hours unless its continued detention is authorised by an order made by a justice of the peace or in Scotland the sheriff; and no such order shall be made unless the justice or, as the case may be, the sheriff is satisfied—
that there are reasonable grounds for the suspicion mentioned in subsection (1) above; and
that continued detention of the cash is justified while its origin or derivation is further investigated or consideration is given to the institution (whether in the United Kingdom or elsewhere) of criminal proceedings against any person for an offence with which the cash is connected.
Any order under subsection (2) above shall authorise the continued detention of the cash to which it relates for such period, not exceeding three months beginning with the date of the order, as may be specified in the order; and a magistrates' court or in Scotland the sheriff, if satisfied as to the matters mentioned in that subsection, may thereafter from time to time by order authorise the further detention of the cash but so that—
no period of detention specified in such an order shall exceed three months beginning with the date of the order; and
the total period of detention shall not exceed two years from the date of the order under subsection (2) above.
Any application for an order under subsection (2) or (3) above shall be made by the Commissioners of Customs and Excise or a constable if made to a justice or magistrates' court and by a procurator fiscal if made to the sheriff.
At any time while cash is detained by virtue of the foregoing provisions of this section—
a magistrates' court or in Scotland the sheriff may direct its release if satisfied—
on an application made by the person from whom it was seized or a person by or on whose behalf it was being imported or exported, that there are no, or are no longer, any such grounds for its detention as are mentioned in subsection (2) above; or
on an application made by any other person, that detention of the cash is not for that or any other reason justified; and
a customs officer or constable, or in Scotland a procurator fiscal, may release the cash if satisfied that its detention is no longer justified but shall first notify the justice, magistrates' court or sheriff under whose order it is being detained.
If at a time when any cash is being detained by virtue of the foregoing provisions of this section— the cash shall not be released until any proceedings pursuant to the application or, as the case may be, the proceedings for that offence have been concluded.
an application for its forfeiture is made under section 26 below; or
proceedings are instituted (whether in the United Kingdom or elsewhere) against any person for an offence with which the cash is connected,
A magistrates' court or in Scotland the sheriff may order the forfeiture of any cash which has been seized under section 25 above if satisfied, on an application made while the cash is detained under that section, that the cash directly or indirectly represents any person’s proceeds of, or is intended by any person for use in, drug trafficking.
Any application under this section to a magistrates' court shall be made by the Commissioners of Customs and Excise or a constable and to the sheriff by a procurator fiscal.
The standard of proof in proceedings on an application under this section shall be that applicable to civil proceedings; and an order may be made under this section whether or not proceedings are brought against any person for an offence with which the cash in question is connected.
An order under section 25(2) above shall provide for notice to be given to persons affected by the order.
Provision may be made by rules of court with respect to applications to any court under this Part of this Act, for the giving of notice of such applications to persons affected, for the joinder, or in Scotland sisting, of such persons as parties and generally with respect to the procedure under this Part of this Act before any court.
Subsection (2) above is without prejudice to the generality of any existing power to make rules.
In this Part of this Act—
“Convention state” has the meaning given in section 19(1) above;
“drug trafficking” has the same meaning as in the Drug Trafficking Offences Act 1986 or, as respects Scotland, in Part I of the Criminal Justice (Scotland) Act 1987;
“the proceeds of drug trafficking” has the same meaning as in the said Acts of 1986 and 1987 respectively and includes proceeds received by any person before as well as after the coming into force of this Part of this Act.
In section 25 above “the prescribed sum” means such sum in sterling as may for the time being be prescribed for the purposes of that section by an order made by the Secretary of State by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and in determining under that section whether an amount of currency other than sterling is not less than the prescribed sum that amount shall be converted at the prevailing rate of exchange.
For the avoidance of doubt it is hereby declared that notwithstanding sections 8 and 9 of the Isle of Man Act 1979 references in this Part of this Act to importation into or export from the United Kingdom include references to importation into the United Kingdom from the Isle of Man and exportation from the United Kingdom to the Isle of Man.
Any expenses incurred by the Secretary of State under this Act shall be defrayed out of money provided by Parliament.
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The enactments and instruments mentioned in Schedule 4 to this Act shall have effect with the amendments there specified, being amendments consequential on or otherwise relating to the provisions of this Act.
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The enactments mentioned in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
Article 9 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 is hereby revoked.
This Act may be cited as the Criminal Justice (International Co-operation) Act 1990.
This Act shall come into force on such day as may be appointed by the Secretary of State by an order made by statutory instrument and different days may be appointed for different provisions and different purposes and for different parts of the United Kingdom.
This Act extends to Northern Ireland.
Her Majesty may by Order in Council direct that the provisions of this Act and those provisions of the Drug Trafficking Act 1994 which re-enact provisions of this Act shall extend, with such exceptions and modifications as appear to Her Majesty to be appropriate, to any of the Channel Islands, the Isle of Man or any colony.
Section 4(6).
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Sections 12 and 13.
N-Acetylanthranilic Acid 4-Anilino-N-phenethylpiperidine (also referred to as ANPP) tert-Butyl 4-oxopiperidine-1-carboxylate (also referred to as 1-boc-4-piperidone) tert-Butyl 4-(phenylamino)piperidine-1-carboxylate (also referred to as 1-boc-4-AP) Ephedrine Ergometrine Ergotamine Isosafrole Lysergic acid 3,4-MDP-2-P methyl glycidic acid (also referred to as PMK glycidic acid) 3,4 Methylenedioxy-Phenyl-2-Propanone Methyl alpha-phenylacetoacetate (also referred to as MAPA) Norephedrine N-Phenethyl-4-piperidone (also referred to as NPP) N-phenyl-N-(piperidin-4-yl)propanamide (also referred to as norfentanyl) alpha-Phenylacetoacetamide (also referred to as APAA) alpha-Phenylacetoacetonitrile (also referred to as APAAN) N-Phenyl-4-piperidinamine (also referred to as 4-AP) 1-Phenyl-2-propanone P-2-P methyl glycidic acid (also referred to as BMK glycidic acid) 4-Piperidone Piperonal Pseudoephedrine Safrole The salts of the substances listed in this Table whenever the existence of such salts is possible. Note The entries for the following substances include their ethyl, methyl, propyl, isopropyl, butyl, isobutyl, sec-butyl and tert-butyl esters— 3,4-MDP-2-P methyl glycidic acid (also referred to as PMK glycidic acid) P-2-P methyl glycidic acid (also referred to as BMK glycidic acid).
Acetic anhydride Acetone Anthranilic acid Ethyl ether Hydrochloric Acid Methyl Ethyl Ketone (also referred to as 2-Butanone or M.E.K.) Phenylacetic acid Piperidine Potassium Permanganate Sulphuric Acid Toluene The salts of the substances listed in this Table except hydrochloric acid and sulphuric acid whenever the existence of such salts is possible.
Section 20.
In this Schedule “an enforcement officer” means— The power to make an order under sub-paragraph (1)(c) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. In this Schedule “the ship” means the ship in relation to which the powers conferred by this Schedule are exercised.
An enforcement officer may stop the ship, board it and, if he thinks it necessary for the exercise of his functions, require it to be taken to a port in the United Kingdom and detain it there. Where an enforcement officer is exercising his powers with the authority of the Commissioners of Customs and Excise given under section 20(2) of this Act the officer may require the ship to be taken to a port in the Convention state in question or, if that state has so requested, in any other country or territory willing to receive it. For any of those purposes he may require the master or any member of the crew to take such action as may be necessary. If an enforcement officer detains a vessel he shall serve on the master a notice in writing stating that it is to be detained until the notice is withdrawn by the service on him of a further notice in writing signed by an enforcement officer.
An enforcement officer may search the ship, anyone on it and anything on it including its cargo. An enforcement officer may require any person on the ship to give information concerning himself or anything on the ship. Without prejudice to the generality of those powers an enforcement officer may—
If an enforcement officer has reasonable grounds to suspect that an offence mentioned in section 18 or 19 of this Act has been committed on a ship to which that section applies he may—
arrest without warrant anyone whom he has reasonable grounds for suspecting to be guilty of the offence; and
seize and detain anything found on the ship which appears to him to be evidence of the offence.
An enforcement officer may take with him, to assist him in exercising his powers— A person whom an enforcement officer takes with him to assist him may perform any of the officer’s functions but only under the officer’s supervision.
An enforcement officer may use reasonable force, if necessary, in the performance of his functions.
An enforcement officer shall, if required, produce evidence of his authority.
An enforcement officer shall not be liable in any civil or criminal proceedings for anything done in the purported performance of his functions under this Schedule if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.
A person is guilty of an offence if he— A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Section 31(1).
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After section 97(2) of the Magistrates’ Courts Act 1980 there shall be inserted—
Criminal Justice (International Co-operation) Act 1990 (c. 5) Section 14 (concealing or transferring proceeds of drug trafficking).
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The Criminal Justice (Scotland) Act 1987 shall be amended as follows. In section 3(3) after the words “section 43 of this Act” there shall be inserted the words “ or section 14 of the Criminal Justice (International Co-operation) Act 1990 ”. In section 5(2) the words from “at the date” to “first occurs)”, the words “on that date” and the words “as at that date” shall cease to have effect.
The Criminal Justice Act 1988 shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In paragraph 6(1) of Schedule 13 for the words “In section 29 above “criminal proceedings” does not include proceedings before a Service court” there shall be substituted the words “ No application shall be made under section 3 of the Criminal Justice (International Co-operation) Act 1990 in relation to any offence which is or is to be the subject of proceedings before a Service court ”.
In Article 118(2) of the Magistrates’ Courts (Northern Ireland) Order 1981 after the words “a person” there shall be inserted the words “ in Northern Ireland ”.
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Section 31(3). Chapter Short title Extent of repeal 36 & 37 Vict. c. 60. The Extradition Act 1873. Section 5. 1975 c. 34. The Evidence (Proceedings in Other Jurisdictions) Act 1975. Section 5. 1978 c. 26. The Suppression of Terrorism Act 1978. In section 1, subsection (3)(d) together with the word “and” immediately preceding it, in subsection (4) the words from “and that subsection (3)(d)(ii)” onwards and subsection (5)(b) together with the word “and” immediately preceding it. 1987 c. 41. The Criminal Justice (Scotland) Act 1987. In section 5(2) the words from “at the date” to “first occurs)”, the words “on that date” and the words “as at that date”. 1988 c. 33. The Criminal Justice Act 1988. Section 29. 1989 c. 33. The Extradition Act 1989. In section 22(4)(f)(ii) the word “and”. In Schedule 1, in paragraph 15(h) the word “or” where it last occurs.