The Criminal Justice (International Co operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 2005

Conditions for the court to give effect to external forfeiture orders

15.—(1) The court must decide to give effect to an external forfeiture order where all of the following conditions are satisfied.

(2) The first condition is that the external forfeiture order was made consequent on the conviction of the person named in the order and no appeal is outstanding in respect of that conviction.

(3) The second condition is that the external forfeiture order is in force and no appeal is outstanding in respect of it.

(4) The third condition is that giving effect to the external forfeiture order would not be incompatible with any of the Convention rights (within the meaning of the Human Rights Act 1998(1)) of any person affected by it.

(5) The fourth condition is that the specified property must not be subject to a charge under–

(a) section 9 of the Drug Trafficking Offences Act 1986(2);

(b) section 78 of the Criminal Justice Act 1988(3);

(c) article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990(4);

(d) section 27 of the Drug Trafficking Act 1994(5);

(e) article 32 of the Proceeds of Crime (Northern Ireland) Order 1996(6).

(6) In paragraph (3) “appeal” includes–

(a) any proceedings by way of discharging or setting aside the order; and

(b) an application for a new trial or suspension or delay in execution of any penalty or sentence.

(1)

1998 c. 42.

(2)

1986 c. 32.

(3)

1988 c. 33.

(4)

S.I. 1990/2588 (N.I. 17).

(5)

1994 c. 37.

(6)

S.I. 1996/1299 (N.I. 9).