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The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014

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Changes over time for: Paragraph 7

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Version Superseded: 31/12/2020

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Point in time view as at 19/12/2020. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014, Paragraph 7. Help about Changes to Legislation

Domestic confiscation orders: certificationS

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7.—(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.

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