The Criminal Justice (Confiscation) (Northern Ireland) Order 1993

Northern Ireland Order in Council 1993 No. 3146 — creates 13 criminal offences.

Made

16 December 1993

In force from

Not determined

Extent

Not stated

Subject

Courts, police, prisons and the administration of justice

Made under

Criminal Justice Act 1993, Schedule 1 to the Northern Ireland Act 1974

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order is made only for purposes corresponding to those of sections 16, 18 and 29 to 32 of the Criminal Justice Act 1993. The principal provisions of the Order— a create offences— i of failing to disclose to a constable, as soon as reasonably practicable, knowledge or suspicion that another person is engaged in money laundering proceeds of drug trafficking, where that knowledge or suspicion is gained in the course of a person’s employment; ii of disclosing information likely to prejudice an investigation into money laundering proceeds of criminal conduct, knowing or suspecting that an investigation is being or is about to be carried out, or that a disclosure has been made to a constable; and iii of acquiring, possessing or using any property knowing that it is or represents another person’s proceeds of criminal conduct; b extend the offences— i of assisting another to retain or use another’s proceeds of drug trafficking knowing or suspecting that the other person is or has been engaged in or has benefited from drug trafficking; and ii of concealing or transferring the proceeds of drug trafficking whether one’s own or another person’s for the purpose of avoiding prosecution or the making or enforcing of a confiscation order, to other criminal conduct.

Offences created by this instrument

• A person is guilty of an offence if— a he knows, or suspects, that another person is engaged in money laundering… article 28A(1) · Status not determined · Objective fault
• In this Article “money laundering” means doing any act which constitutes an offence under Article 28B, 29 or 30 or, in… article 28A(7) · Status not determined · Strict liability
• Acquisition, possession or use of proceeds of criminal conduct article 28B(1) · Status not determined · Requires proof of a state of mind
• Acquisition, possession or use of proceeds of criminal conduct article 28B(10) · Status not determined · Strict liability
• Money laundering article 3 · Status not determined · Objective fault
• Money laundering article 3 · Status not determined · Requires proof of a state of mind
• Tipping-off article 30A(1) · Status not determined · Requires proof of a state of mind
• Tipping-off article 30A(2) · Status not determined · Requires proof of a state of mind
• Tipping-off article 30A(3) · Status not determined · Requires proof of a state of mind
• Tipping-off article 30A(9) · Status not determined · Strict liability
• Concealing or transferring proceeds of criminal conduct article 5(2) · Status not determined · Requires proof of a state of mind
• Miscellaneous article 6(1) · Status not determined · Strict liability
• Miscellaneous article 6(1)(a) · Status not determined · Strict liability

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 1993