INTERPRETATION OF CONFISCATION PROVISIONS

HC Deb 06 March 1991 vol 187 cc318-9

'.—(1) In this Part of this Act—

• "charging order" means an order made under paragraph 6 of Schedule (Confiscation orders: supplementary provisions) to this Act;
• "confiscation order" means an order made by a court under section (Confiscation orders) above;
• "defendant" means a person against whom proceedings have been instituted for a relevant offence (whether or not he has been convicted);
• "gift caught by this Part of this Act" has the meaning given in section (Realisable property, value and gifts)(8) above;
• "interest", in relation to property, includes right;
• "proceeds of terrorist-related activity" has the meaning given in section (Confiscation orders)(2) above;
• "property" includes, in addition to money, all other property, real or personal, heritable or moveable, including things in action and other intangible or incorporeal property;
• "realisable property" has the meaning given in section (Realisable property, value and gifts)(1) and (2) above;
• "relevant offence" has the meaning given in section (Relevant offences) above;
• "statutory provision" has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954;
• "terrorist-related activities" has the meaning given in section (Confiscation orders)(2) above.

(2) This Part of this Act applies to property wherever situated.

(3) References in this Part of this Act to offences include references to offences committed before the coming into force of this Part of this Act but nothing in this Part of this Act imposes any duty or confers any power on any court in or in connection with proceedings against a person for an offence if the proceedings were instituted before the coming into force of this Act.

(4) References in this Part of this Act to property obtained as a direct or indirect result of terrorist-related activities include references to property obtained partly in that manner.

(5) The following provisions also have effect for the interpretation of this Part of this Act.

(6) Property is held by any person if he holds any interest in it.

(7) References to property held by a person include a reference to property vested in his trustee in bankruptcy or liquidator; and references to an interest held by a person beneficially in property include a reference to an interest which would be held by him beneficially if the property were not so vested.

(8) Property is transferred by one person to another if the first person transfers or grants to the other any interest in the property.

(9) Proceedings for an offence are instituted—

1. (a) when a summons or warrant is issued under Article 20 of the Magistrates' Courts (Northern Ireland) Order 1981 in respect of that offence;
2. (b) when a person is charged with the offence after being taken into custody without a warrant;
3. (c) when an indictment is presented under section 2(2)(c), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969;

and where the application of this subsection would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.'—[Mr. Brooke.]

Brought up, read the First and Second time, and added to the Bill.