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

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Changes over time for: Paragraph 3

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Version Superseded: 31/12/2020

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Point in time view as at 03/12/2014. This version of this provision has been superseded.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 3. Help about Changes to Legislation

Sending domestic restraint orders and certificates overseasN.I.

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3.—(1) If a certificate is made under paragraph 2, the domestic restraint order and the certificate are to be forwarded by the relevant prosecutor to—

(a)a court exercising jurisdiction in the other member State where the property is situated, or

(b)any authority recognised by the government of the other member State as the appropriate authority for receiving orders of that kind.

(2) The domestic restraint order and the certificate must be accompanied by a domestic confiscation order, unless the certificate indicates when the court expects a domestic confiscation order to be sent.

(3) The certificate must include a translation of it into an appropriate language of the other member State (if that language is not English).

(4) The certificate must be signed by or on behalf of the court and must include a statement as to the accuracy of the information given in it.

(5) The signature may be an electronic signature.

(6) If the domestic restraint order and the certificate are not accompanied by a domestic confiscation order, but a domestic confiscation order is subsequently made, it is to be sent to the relevant prosecutor for forwarding as mentioned in sub-paragraph (1).

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