Statutory Instrument 1995 No. 3145

The Criminal Justice Act 1988 (Confiscation Orders) Order 1995

---

© Crown Copyright 1995

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Criminal Justice Act 1988 (Confiscation Orders) Order 1995, ISBN 0110537394. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1995 No. 3145

CRIMINAL LAW, ENGLAND AND WALES

The Criminal Justice Act 1988 (Confiscation Orders) Order 1995

In the exercise of the powers conferred upon me by paragraph 1 of Part II of Schedule 4 to the Criminal Justice Act 1988^[1], I hereby make the following Order:

    1.    This Order may be cited as the Criminal Justice Act 1988 (Confiscation Orders) Order 1995 and shall come into force on 1st January 1996.

    2.    Part I of Schedule 4 to the Criminal Justice Act 1988 (offences in respect of which magistrates' courts may make confiscation orders)^[2] shall be amended by the addition to the offences there listed of the following offences —
 (a) an offence under section 107(1), (2) or (3) of the Copyright, Designs and Patents Act 1988^[3];
 (b) an offence under section 198(1) or (2) of the Copyright, Designs and Patents Act 1988;
 (c) an offence under section 92(1), (2) or (3) of the Trade Marks Act 1994^[4].

    3.    Accordingly, the table of offences set out in Part I of Schedule 4 to the Criminal Justice Act 1988^[5] is amended by the addition, at the end, of the following:

COPYRIGHT, DESIGNS AND PATENTS ACT 1988 (c. 48)
Section 107(1), (2) and (3)	Criminal liability for making or dealing with infringing articles &c.
Section 198(1) and (2)	Criminal liability for making, dealing with or using illicit recordings.
TRADE MARKS ACT 1994 (c. 26)
Section 92(1), (2) and (3)	Offences relating to the unaurhorised use of trade marks, &c. in relation to goods.

    4.    The amendments made by article 2 above do not apply in relation to offences committed before the day on which this Order comes into force.

Michael Howard

One of Her Majesty's Principal Secretaries of State
Home Office

5th December 1995

This Order amends Part I of Schedule 4 to the Criminal Justice Act 1988 to add certain offences to the offences listed there in respect of which magistrates' courts may make confiscation orders under Part VI of that Act. The added offences are offences under sections 107 and 198 of the Copyright, Designs and Patents Act 1988 and section 92 of the Trade Marks Act 1994. By virtue of article 4, a magistrates' court may only make a confiscation order in relation to the offences listed in article 2 where those offences are committed on or after the day on which this Order enters into force.

[1] 1988 c. 33. back

[2] Part I of Schedule 4 was amended by the Criminal Justice Act 1988 (Confiscation Orders) Order 1990, S.I. 1990/1570. back

[3] 1988 c. 48. back

[4] 1994 c. 26. back

[5] The table of offences was substituted by article 3 of the Criminal Justice Act 1988 (Confiscation Orders) Order 1990. back