The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014

Domestic restraint orders: certification

2.—(1) If any of the property to which an application for a domestic restraint order relates is property in a member State other than the United Kingdom, the prosecutor may apply to the court for a certificate under this paragraph to be made.

(2) The court may make a certificate under this paragraph if—

(a) it makes a domestic restraint order in relation to property in the other member State, and

(b) it is satisfied that there is a good arguable case that the property—

(i) has been or is likely to be used for the purposes of an offence, or

(ii) is the proceeds of an offence.

(3) A certificate under this paragraph is a certificate which—

(a) is made for the purposes of the 2003 Framework Decision, and

(b) gives the specified information.

(4) If the court makes a certificate under this paragraph, the domestic restraint order must provide for notice of the certificate to be given to the person affected by it.

(5) A court which has relevant powers in respect of a domestic restraint order is to have the same relevant powers in respect of a certificate under this paragraph.

(6) For that purpose “relevant powers” means the powers—

(a) to consider an appeal,

(b) to consider an application for reconsideration, variation or recall, and

(c) to make an order on any such appeal or application.