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Proceeds of Crime: Confiscation

NCJ Number
Journal of Financial Crime Volume: 4 Issue: 2 Dated: November 1996 Pages: 129-155
A Lambert
Date Published
27 pages
This comparison of the provisions of Great Britain's Criminal Justice Act 1988 and the Drug Trafficking Act 1994 is intended to assist practitioners when they are confronted with the main confiscation provisions of legislation as it applies to crime and also to drug trafficking.
The Criminal Justice Act 1988 is presented as amended by the Criminal Justice Act 1993 and the Proceeds of Crime Act 1995. It is difficult, if not impossible, to make a mental compilation of how the Criminal Justice Act 1988 (CJA88) should read when considering the original legislation, the amendments introduced by the Criminal Justice Act 1993, and the further amendments brought about by the Proceeds of Crime Act 1995 itself. There are three different versions of the CJA88 in force at this time, with the appropriate version dependent on the date on which the offense was committed or the date when proceedings were instituted. This comparison should not be viewed as a complete presentation of either Act. It is intended merely to serve as an accurate representation of how sections 71 to 74 of the CJA88 currently read, with equivalent sections or subsections of the Drug Trafficking Act 1994 (DTA94) shown alongside, where possible. In order to make this comparison, some sections of the DTA94 are presented out of sequence. Those crime offenses for which confiscation is available under Schedule 4 at Magistrates Court are also presented following the comparison of DTA94 and CJA88.