Part 8Investigations

C1Chapter 2England and Wales and Northern Ireland

Annotations:
Modifications etc. (not altering text)
C1

Pt. 8 Ch. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)

F1Unexplained wealth orders: enforcement abroad

Annotations:
Amendments (Textual)
F1

Ss. 362S, 362T and cross-heading inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 3, 58(1)(6); S.I. 2018/78, reg. 3(a)

362SEnforcement abroad: enforcement authority

1

This section applies if—

a

the High Court makes an unexplained wealth order in respect of any property,

b

it appears to the enforcement authority that the risk mentioned in section 362J(2) applies in relation to the property, and

c

the enforcement authority believes that the property is in a country outside the United Kingdom (the receiving country).

2

The enforcement authority may send a request for assistance in relation to the property to the Secretary of State with a view to it being forwarded under this section.

3

The Secretary of State may forward the request for assistance to the government of the receiving country.

4

A request for assistance under this section is a request to the government of the receiving country—

a

to secure that any person is prohibited from dealing with the property;

b

for assistance in connection with the management of the property, including with securing its detention, custody or preservation.