C1C2C3 Part 3 Confiscation: Scotland

Annotations:
Modifications etc. (not altering text)
C2

Pt. 3 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 17(4A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(4)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.

C3

Pt. 3 applied by 2000 c. 11, Sch. 8 para. 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7))

Enforcement abroad

I1C2C3141C2C3 Enforcement abroad

1

This section applies if—

a

any of the conditions in section 119 are satisfied,

b

the prosecutor believes that realisable property is situated in a country or territory outside the United Kingdom (the receiving country), and

c

the prosecutor sends a request for assistance to the Secretary of State with a view to it being forwarded under this section.

2

In a case where no confiscation order has been made, a request for assistance is a request to the government of the receiving country to secure that any person is prohibited from dealing with realisable property.

3

In a case where a confiscation order has been made and has not been satisfied, discharged or quashed, a request for assistance is a request to the government of the receiving country to secure that—

a

any person is prohibited from dealing with realisable property,

b

realisable property is realised and the proceeds are applied in accordance with the law of the receiving country.

4

No request for assistance may be made for the purposes of this section in a case where a confiscation order has been made and has been satisfied, discharged or quashed.

5

If the Secretary of State believes it is appropriate to do so he may forward the request for assistance to the government of the receiving country.

6

If property is realised in pursuance of a request under subsection (3) the amount ordered to be paid under the confiscation order must be taken to be reduced by an amount equal to the proceeds of the realisation.

7

A certificate purporting to be issued by or on behalf of the requested government is sufficient evidence of the facts it states if it states—

a

that the property has been realised in pursuance of a request under subsection (3),

b

the date of realisation, and

c

the proceeds of realisation.

8

If the proceeds of realisation made in pursuance of a request under subsection (3) are expressed in a currency other than sterling, they must be taken to be the sterling equivalent calculated in accordance with the rate of exchange prevailing at the end of the day of realisation.