NCJ Number
174886
Journal
Journal of Financial Crime Volume: 5 Issue: 2 Dated: October 1997 Pages: 174-182
Date Published
1997
Length
9 pages
Annotation
This paper compares provisions of Britain's Criminal Justice Act 1988 (as amended by the Criminal Justice Act 1993 and the Proceeds of Crime Act 1995) and the Drug Trafficking Act 1994 that pertain to production orders and search warrants.
Abstract
This comparison is intended to assist practitioners when they are confronted with the main production order or search warrant provisions of legislation as they apply to crime and also to drug trafficking. The comparison presents comparable provisions of the two acts side-by-side. The presentation shows how Sections 93H-93J (pertinent to production orders and search warrants) of the Criminal Justice Act 1988 (CJA88) currently read with respect to equivalent sections or subsections of the Drug Trafficking Act 1994 (DTA94). Most sections of the two acts have the same or similar language. The DTA94 has an additional Section (58) not contained in the CJA88 that makes it an offense for a person to make any disclosure that is likely to prejudice an investigation once an order has been made or applied for and has not been refused, or a warrant has been issued. This section contains a provision that provides for a defense to such a charge; the defense must show that the defendant did not know or suspect that the disclosure was likely to prejudice the investigation or that he/she had lawful authority or reasonable excuse for making the disclosure. Further, Section 58 specifies that it is not an offense for a professional legal adviser to disclose any information or other matter in the course of representing a client or engaging in duties pertinent to legal proceedings.