Chwilio Deddfwriaeth

The Confiscation of the Proceeds of Crime (Designated Countries and Territories) (Scotland) Order 1999

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  • Y Diweddaraf sydd Ar Gael (Diwygiedig)
  • Gwreiddiol (a wnaed Fel)

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Article 2(2)

SCHEDULE 2INSTITUTION OF PROCEEDINGS IN DESIGNATED COUNTRIES

Designated countryPoint at which proceedings are instituted
Anguilla

(a)when a summons or warrant is issued in respect of an offence;

(b)when a person is charged with an offence after being taken into custody without a warrant;

(c)when a bill of indictment is preferred

Antigua and Barbudawhen a person has been charged with a scheduled offence
Argentinawhen a judge has ordered that a person be detained for the purpose of testifying in connection with the commission of an offence
Australia

(a)when an information or a complaint has been laid before a justice of the peace or a magistrate;

(b)when a person has been charged with an offence;

(c)when an indictment or a presentment has been preferred

Bahamas, The

(a)when an information has been laid before a justice of the peace;

(b)when a person is charged with an offence after having been taken into custody without a warrant;

(c)when a bill of indictment is preferred

Bahrainwhen a bill of indictment is lodged in court against any person for an offence
Barbados

(a)when an information has been laid before a magistrate;

(b)when a person is charged with an offence;

(c)when a bill of indictment is preferred

Bermudawhen an information is laid charging a person with an offence
Boliviawhen a warrant is issued by a competent judge or an order to institute proceedings, containing the preventive annotation of property liable to registration or the bank deposit of the monies, assets and property of the accused
British Virgin Islands

(a)when a summons or warrant is issued in respect of an offence;

(b)when a person is charged with an offence after being taken into custody without a warrant;

(c)when an indictment is preferred

Cayman Islands, The

(a)when a charge has been signed under subsection (3) or (4) of section 13 of the Criminal Procedure Code in respect of the offence;

(b)when a person is charged with the offence after being arrested without a warrant under subsection (5) of that section

Chilewhen an application for a decision from the competent judicial authority is made
Colombiawhen a preliminary investigation or a formal process has begun and, in either case, a Resolution has been issued for a freezing or seizure order
Ecuadorwhen a writ is issued by a judge initiating criminal proceedings
Gibraltarwhen a person is charged with an offence, whether by the laying of an information or otherwise
Grenada

(a)when an information is laid before a justice of the peace;

(b)when a person is charged with an offence;

(c)when a bill of indictment is preferred

Guernseywhen a person is charged with an offence
Guyanawhen a charge has been laid against a person for an offence
Hong Kong

(a)when a magistrate issues a warrant or summons;

(b)when a person is charged with an offence;

(c)when an indictment is preferred

India

(a)when information relating to commission of any crime is received by any law enforcement agency empowered to investigate such crime under the law for the time being in force and laid before a court of law;

(b)when any allegation is made orally or in writing to a court of law that a person has committed an offence;

(c)when a person is charged with an offence;

(d)when any investigation or inquiry into the commission of any offence is directed by a court of law

Isle of Man

(a)where a justice of the peace issues a summons under section 4 of the Summary Jurisdiction Act 1989, when the complaint in relation to the offence is made to him;

(b)where a justice of the peace issues a warrant for the arrest of any person under that section, when the complaint in relation to the offence is made to him;

(c)where a person is charged with the offence after being taken into custody without a warrant, when he is taken into custody;

(d)where an information is preferred by the Attorney General in a case where there have been no committal proceedings, when the information is lodged in the General Registry in accordance with section 4(1) of the Criminal Code Amendment Act 1917

Italy

(a)when a person is notified, in accordance with article 369 of the Italian Code of Criminal Procedure, that a prosecution against him is in process;

(b)when a proposal for the application of a preventative measure (“misura di prevenzione”) is laid before a court

Jersey

(a)when the Bailiff issues a warrant in respect of an offence for the arrest of a person who is out of the Island;

(b)when a person is arrested and charged with an offence;

(c)when a summons in respect of an offence is served on a person at the instance of the Attorney General;

(d)when a summons in respect of the offence is served on a person in accordance with the provisions of Article 8 of the Police Court (Miscellaneous Provisions) (Jersey) Law, 1949

Malaysiawhen a person is charged with an offence
Montserrat

(a)when a judge issues a summons or warrant in respect of an offence;

(b)when a person is charged with an offence after being taken into custody without a warrant

Netherlands, The

(a)when a pre-trial financial investigation has been initiated;

(b)when the provisional measure has been ordered by an investigating magistrate;

(c)when a public prosecutor has requested a pre-trial criminal investigation by an investigating magistrate to be instituted;

(d)when a public prosecutor has laid an indictment

Panamawhen a person has been charged with an offence
Paraguaywhen a judge has ordered the restraint of property and a preventative detention order has been made
Romania

(a)when the start of a penal pursuit is ordered;

(b)when penal proceedings start in respect of an offender

Saudi Arabiawhen an information has been laid before a judicial authority
South Africa

(a)when a summons is issued in respect of an offence;

(b)when a person is charged with an offence;

(c)when a bill of indictment is preferred

Spainwhen by virtue of a judicial resolution it is decided to proceed against a person for an offence
Swedenwhen a public prosecutor has established that there are reasonable grounds to suspect that a person has committed an offence and accordingly is obliged under the Code of Judicial Procedure to notify the person of the suspicion
Switzerlandwhen proceedings for an offence are brought before an examining magistrate
Thailandwhen a court or the Asset Examination Committee issues a restraint order
Ukrainewhen a criminal case is brought
United Mexican Stateswhen criminal proceedings are instituted by a judicial authority or, as the case may be when the Ministerio Publico has established that there is probable cause to suspect that a person has committed an offence
United States of Americawhen an indictment, information or complaint has been filed against a person in respect of an offence
Uruguaywhen criminal proceedings are instituted by a judicial authority

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