Criminal Justice (Proceeds of Crime) (Enforcement of Overseas Confiscation Orders) (Amendment) Ordinance, 2002

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The Criminal Justice (Proceeds of Crime) (Enforcement of Overseas Confiscation Orders) (Amendment) Ordinance, 2002

THE STATES, in exercise of the powers conferred upon them by sections 35 and 54 of the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999[a] and on the representations of the States Advisory and Finance Committee, hereby order:-

 

Amendments to Schedule 1 to the Ordinance of 1999.

1.      Schedule 1 to the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) (Enforcement of Overseas Confiscation Orders) Ordinance, 1999[b] ("the Ordinance of 1999") shall be amended as follows -

 

(a)      by the insertion, at the appropriate places in alphabetical order, of the entries for the countries and territories specified in the Schedule to this Ordinance;

 

(b)      by the insertion, opposite the entry for Ireland, of the following entry -

 

"The Department of Justice, Equality and Law Reform".

 

 

Amendments to the Appendix to the Ordinance of 1999.

2.      The Appendix to the Ordinance of 1999, which describes when proceedings are instituted in a designated country, shall be amended by the insertion after the entry for Switzerland of the following -

 

"Thailand      When a court or the Asset Examination Committee issues a restraint order.

 

Trinidad and Tobago      (a)      When an information or complaint is laid before the magistrate;

 

(b)      when a person is charged with an offence;

 

(c)      when a bill of indictment is preferred; or

 

(d)      when a warrant of arrest is executed against a person.

 

Ukraine                        When a criminal case is brought.

 

United Kingdom      (a)      When an information is laid before a justice of the peace;

 

(b)      when a person is charged with an offence;

 

(c)      when a bill of indictment is preferred; or

 

(d)      when a petition warrant is granted.

 

United Mexican States      When criminal proceedings are instituted by a judicial authority.

 

United States of America      When an indictment, information or complaint has been filed against a person in respect of an offence."

 

Citation.

3.      This Ordinance may be cited as the Criminal Justice (Proceeds of Crime) (Enforcement of Overseas Confiscation Orders) (Amendment) Ordinance, 2002.

 

SCHEDULE

Section 1

DESIGNATED COUNTRIES AND TERRITORIES

 

Albania

Andorra

Bhutan

Croatia

Djibouti

Estonia

Greece

Hungary

Kuwait

Latvia

Liechtenstein

Lithuania

Macedonia, the former Yugoslavia Republic of

The Maldives

Malta

Mauritius

The Netherlands Antilles and Aruba

Poland

Russia

San Marino

Slovakia


[a]

Order in Council No. VIII of 1999.

[b]

Ordinance No. XXXIII of 1999.





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