The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005

Conditions for court to give effect to external request

57.—(1) The court may exercise the powers conferred by article 58 if either of the following conditions is satisfied.

(2) The first condition is that—

(a) relevant property within Scotland is identified in the external request;

(b) a criminal investigation has been instituted in the country from which the external request was made with regard to an offence; and

(c) there is reasonable cause to believe that the alleged offender named in the request has benefited from his criminal conduct.

(3) The second condition is that—

(a) relevant property within Scotland is identified in the external request;

(b) proceedings for an offence have been instituted in the country from which the external request was made and not concluded, and

(c) there is reasonable cause to believe that the accused named in the request has benefited from his criminal conduct.

(4) In determining whether the conditions are satisfied and whether the request is an external request within the meaning of the Act, the court must have regard to the definitions in subsections (1), (4) to (8) and (11) of section 447 of the Act.

(5) If the first condition is satisfied references in this Chapter to the accused are to the alleged offender.