The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order makes provision in respect of the enforcement in England and Wales of orders made in designated countries for the forfeiture of anything in respect of which an offence has been committed or which was used in connection with the commission of such an offence.

Part 2 makes provisions for prohibitions (“restraint orders”) on dealing with property, situated in England and Wales, which is specified in a request by an overseas authority. In order to exercise the powers to make a restraint, the Crown Court must be satisfied that the conditions set out in article 4 are satisfied. The conditions include the requirement that a criminal investigation or proceedings have been started in the country from which the external request was made with regard to an offence. The persons responsible for applying to the Crown Court are those set out in article 3(1) and (3). Articles 6 to 11 make supplementary provision about the making of restraint orders, including provision for appeals. Articles 12 and 13 provide for the appointment and powers of receivers in respect of property subject to restraint orders.

Part 3 makes provision for the registration of external forfeiture orders, which arise from a criminal conviction in the country from which the order was sent and concern relevant property in England and Wales. An application for registration is to be made by the persons listed in article 15(1) and (3). The conditions set out in article 18 must be satisfied if the Crown Court is to give effect to the external forfeiture order by registering it. Where the conditions are satisfied, the Court must register the external forfeiture order (see article 18(1)). Articles 20 and 21 provide for appeals and article 24 sets out the circumstances when a registered external forfeiture order is to be taken as satisfied. Article 22 provides for the appointment of enforcement receivers by the Director of Public Prosecutions, Director of Revenue and Customs Prosecutions and Director of the Serious Fraud Office. The powers of receivers are in respect of the property specified in the registered external forfeiture order. Article 25 imposes restrictions on actions by persons other than receivers on property that is specified in a registered external forfeiture order.

Part 4 makes further provision about receivers. This includes provision protecting the receiver in respect of things done by him (article 26) and the discharge and variation of orders affecting receivers (articles 28 and 29). Articles 30 and 31 provide for the procedure on appeals about receivers to the Court of Appeal and the House of Lords.

Part 5 provides for interpretation.