Section 95: Enforcement of overseas forfeiture orders
210.This section amends section 9 of the Criminal Justice (International Co-operation) Act 1990 which provides for the enforcement of overseas forfeiture orders. Section 9 allows an Order in Council to be made for the enforcement of orders, made by courts outside the United Kingdom designated for this purpose, for the forfeiture of anything used (or intended for use) in connection with the commission of an offence to which that section applies. Such items are known as instrumentalities of crime. Section 9(6) sets out the scope of the offences covered by that section. The effect of the amendment is to extend the scope of section 9 to any offence. This provision extends to England, Wales, Scotland and Northern Ireland.
211.The amendment will enable the United Kingdom to give effect to international conventions requiring the enforcement of foreign orders for the forfeiture of instrumentalities in relevant offences. These conventions are the United Nations Convention against Transnational Organised Crime (UNTOC), which was agreed in 2000, and the United Nations Convention against Corruption (UNCAC), which was agreed in 2003.
212.The current Order made under section 9 (the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991) is limited to forfeiture orders in respect of drugs offences. The United Kingdom is unable to ratify the Conventions until all legislative requirements have been met.