SCHEDULE 1Proceeds of Crime (Foreign Property and Foreign Orders): Scotland

Domestic confiscation orders: certification7

1

If any of the property to which an application for a domestic confiscation order relates is property in a member State other than the United Kingdom, the prosecutor may apply to the court for a certificate under this paragraph to be made.

2

The court may make a certificate under this paragraph if—

a

it makes a domestic confiscation order in relation to property in the other member State, and

b

it is satisfied that there is a good arguable case that the property—

i

was used or was intended to be used for the purposes of an offence, or

ii

is the proceeds of an offence.

3

A certificate under this paragraph is a certificate which—

a

is made for the purposes of F1Chapter III of the 2018 Regulation, and

b

gives the specified information.

4

If the court makes a certificate under this paragraph, the domestic confiscation order must provide for notice of the certificate to be given to the person affected by it.

5

A court which has relevant powers in respect of a domestic confiscation order is to have the same relevant powers in respect of a certificate under this paragraph.

6

For that purpose “relevant powers” means the powers—

a

to consider an appeal,

b

to consider an application for reconsideration, variation or discharge, and

c

to make an order on any such appeal or application.