The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 No. 3181

PART 4 GIVING EFFECT IN NORTHERN IRELAND TO EXTERNAL REQUESTS IN CONNECTION WITH CRIMINAL INVESTIGATIONS OR PROCEEDINGS AND TO EXTERNAL ORDERS ARISING FROM SUCH PROCEEDINGS

CHAPTER 4 INTERPRETATION

Tainted gifts

136.—(1) In this Part, a gift is tainted if it was made by the defendant at any time after—

(a) the date on which the offence to which the external order or external request relates was committed, or

(b) if his criminal conduct consists of two or more such offences and they were committed on different dates, the date of the earliest.

(2) For the purposes of paragraph (1), an offence which is a continuing offence is committed on the first occasion when it is committed.

(3) A gift may be a tainted gift whether it was made before or after the coming into force of this Order.