The Proceeds of Crime (Northern Ireland) Order 1996

Northern Ireland Order in Council 1996 No. 1299 — creates 21 criminal offences.

Made

15 May 1996

In force from

25 August 1996

Extent

Not stated

Subject

Miscellaneous

Made under

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 amends and largely restates the law in relation to the confiscation of the proceeds of crime.

Offences created by this instrument

• SCHEDULE 2 SCHEDULE 2 · Status not determined · Mixed — some elements strict, some not
• SCHEDULE 2 SCHEDULE 2 · Status not determined · Objective fault
• Assessing the proceeds of drug trafficking article 10(4) · Status not determined · Strict liability
• Interpretation article 2(2) · Status not determined · Strict liability
• Interpretation article 2(4) · Status not determined · Strict liability
• Interpretation article 2(4)(b) · Status not determined · Strict liability
• Interpretation article 2(5) · Status not determined · Strict liability
• Interpretation article 2(5)(a) · Status not determined · Strict liability
• Interpretation article 2(5)(b) · Status not determined · Strict liability
• A person shall be guilty of an offence if— a he knows or suspects that another person is engaged in money laundering… article 44(1) · Status not determined · Mixed — some elements strict, some not
• In this Article “money laundering” means doing any act which constitutes an offence under Article 45,46 or 47 or, in… article 44(7) · Status not determined · Strict liability
• Acquisition, possession or use of proceeds of criminal conduct article 45(1) · Status not determined · Requires proof of a state of mind
• Acquisition, possession or use of proceeds of criminal conduct article 45(10) · Status not determined · Strict liability
• Assisting another to retain the benefit of criminal conduct article 46(1) · Status not determined · Strict liability
• Assisting another to retain the benefit of criminal conduct article 46(1)(b) · Status not determined · Strict liability
• Tipping-off article 48(2) · Status not determined · Requires proof of a state of mind
• Tipping-off article 48(3) · Status not determined · Requires proof of a state of mind
• Tipping-off article 48(9) · Status not determined · Strict liability
• Additional investigation powers article 49(4) · Status not determined · Strict liability
• Additional investigation powers article 49(4)(b) · Status not determined · Strict liability
• Where, in relation to an investigation into drug trafficking— a an order under Article 50 has been made or has been… article 53(1) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Proceeds Of Crime (Northern Ireland) Order 1996 Lords · Lords Chamber · 9 May 1996
• Proceeds Of Crime Bill Lords · Lords Chamber · 25 June 2002 · Lord Falconer of Thoroton

  My Lords, the point was raised in the Commons, where there was a Division on it, and it was raised in Committee in this House. My noble friend Lord Rooker agreed to reconsider the matter and one imagines that even as we speak he is still doing so. I am sure that it had nothing whatever to do with his move. As explained in the Explanatory Notes accompanying the Bill, the Human Rights Act 1998 requires a judge not to act in a way that is incompatible with the convention rights. After reconsidering the matter, we think it unnecessary to retain the present "public interest" test contained in the…

• Constitutional Reform Bill Hl Lords · Lords Chamber · 11 October 2004

  In the Proceeds of Crime (Northern Ireland) Order 1996, in paragraph (6)(b) of Article 13 (application of procedure for enforcing fines) for "House of Lords" substitute "Supreme Court"."

• Constitutional Reform Bill Hl Lords · Lords Chamber · 11 October 2004

  " Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I.9)

• Proceeds of Crime Act 2002 (Disclosure of Information) Order 2008 Lords · Grand Committee · 17 June 2008 · Baroness Hanham

  I thank the Minister for his introduction, although I am slightly confused. My understanding is that the orders would add to the functions of protecting public health and the Financial Services Authority. That is what the orders say, but the Minister did not give that addition. I assume that that addition under the orders is correct. If I am correct, room was left for that within the original proceeds of crime legislation and we have no objection to additions being made to it. My first question relates to the functions being designated under the orders with regard to the protecting of public…

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 1996