The Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991

Part VI – Interpretation

102.—(1) In this Part of this Act–

“constable” includes a person commissioned by the Commissioners of Customs and Excise;

“interest”, in relation to property, includes right;

“property” includes money and all other property, real or personal, heritable or moveable, including things in action and other intangible or incorporeal property.

(2) The expressions listed in the left-hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Act listed in the right-hand column in relation to those expressions.

Expression	Relevant provision
Charging order	Section 78(2)
External Confiscation Order	Section 71(1)
Dealing with property	Section 77(9)
Defendant	Section 74(1)(c)
Gift caught by this Part of this Act	Section 74(10)
Making a gift	Section 74(11)
Conduct to which this Part of this Act applies	Section 74(1)(b)
Realisable property	Section 74(2)
Restraint order	Section 77(1)
Value of gift	Section 74(8) and (9)
Value of property	Section 74(5) to (7)

(3) This Part of this Act applies to property wherever situated.

(5) References in this Part of this Act to property obtained, or to a pecuniary advantage derived, in connection with the commission of an offence include a reference to property obtained, or to a pecuniary advantage derived, both in that connection and in some other connection, and whether received before or after the commencement of the Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991.

(6) The following provisions shall have effect for the interpretation of this Part of this Act.

(7) Property is held by any person if he holds any interest in it.

(8) References to property held by a person include a reference to property vested in his trustee in bankruptcy, permanent or interim trustee within the meaning of the Bankruptcy (Scotland) Act 1985 or liquidator.

(9) References to an interest held by a person beneficially in property include a reference to an interest which would be held by him beneficially if the property were not so vested.

(10) Property is transferred by one person to another if the first person transfers or grants to the other any interest in the property.

(11) Proceedings are instituted in a designated country when–

(a) under the law of the designated country concerned one of the steps specified in relation to that country in the right-hand column of the Appendix hereto has been taken there in respect of alleged conduct by the defendant to which this Part of this Act applies; or

(b) an application has been made to a court in a designated country for an external confiscation order,

and where the application of this subsection would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.

(12) Proceedings are concluded–

(a) when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an external confiscation order being made in the proceedings;

(b) on the satisfaction of an external confiscation order made in the proceedings (whether by the recovery of all property liable to be recovered, or the payment of any amount due, or otherwise).

(13) An order is subject to appeal until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.