SCHEDULES
SCHEDULE 4 Forfeiture Orders
Part III Northern Ireland
F1Overseas freezing orders
41D
1
Paragraph 41E applies where an overseas freezing order made by an appropriate court or authority in a participating country is received by the Secretary of State from the court or authority which made or confirmed the order.
2
An overseas freezing order is an order prohibiting dealing with property—
a
which is in the United Kingdom,
b
which the appropriate court or authority considers is likely to be used for the purposes of a listed offence or is the proceeds of the commission of such an offence, and
c
in respect of which an order has been or may be made by a court exercising criminal jurisdiction in the participating country for the forfeiture of the property,
and in respect of which the following requirements of this paragraph are met.
3
The action which the appropriate court or authority considered would constitute or, as the case may be, constituted the listed offence is action done as an act of terrorism or for the purposes of terrorism.
4
The order must relate to—
a
criminal proceedings instituted in the participating country, or
b
a criminal investigation being carried on there.
5
The order must be accompanied by a certificate which gives the specified information; but a certificate may be treated as giving any specified information which is not given in it if the Secretary of State has the information in question.
6
The certificate must—
a
be signed by or on behalf of the court or authority which made or confirmed the order,
b
include a statement as to the accuracy of the information given in it,
c
if it is not in English, include a translation of it into English.
The signature may be an electronic signature.
7
The order must be accompanied by an order made by a court exercising criminal jurisdiction in that country for the forfeiture of the property, unless the certificate indicates when such an order is expected to be sent.
8
An appropriate court or authority in a participating country in relation to an overseas freezing order is—
a
a court exercising criminal jurisdiction in the country,
b
a prosecuting authority in the country,
c
any other authority in the country which appears to the Secretary of State to have the function of making such orders.
9
References in paragraphs 41E to 41G to an overseas freezing order include its accompanying certificate.
Sch. 4 paras. 41A-41G and cross-headings inserted (3.12.2014) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 4 para. 7; S.I. 2014/3192, art. 2(b)