Part 2

Confiscation: England and Wales

Enforcement abroad

Enforcement abroad
74
1
This section applies if—
a
any of the conditions in section 40 is satisfied,
b
the prosecutor or the Director believes that realisable property is situated in a country or territory outside the United Kingdom (the receiving country), and
c
the prosecutor or the Director (as the case may be) sends a request for assistance to the Secretary of State with a view to it being forwarded under this section.
2
In a case where no confiscation order has been made, a request for assistance is a request to the government of the receiving country to secure that any person is prohibited from dealing with realisable property.
3
In a case where a confiscation order has been made and has not been satisfied, discharged or quashed, a request for assistance is a request to the government of the receiving country to secure that—
a
any person is prohibited from dealing with realisable property;
b
realisable property is realised and the proceeds are applied in accordance with the law of the receiving country.
4
No request for assistance may be made for the purposes of this section in a case where a confiscation order has been made and has been satisfied, discharged or quashed.
5
If the Secretary of State believes it is appropriate to do so he may forward the request for assistance to the government of the receiving country.
6
If property is realised in pursuance of a request under subsection (3) the amount ordered to be paid under the confiscation order must be taken to be reduced by an amount equal to the proceeds of realisation.
7
A certificate purporting to be issued by or on behalf of the requested government is admissible as evidence of the facts it states if it states—
a
that property has been realised in pursuance of a request under subsection (3),
b
the date of realisation, and
c
the proceeds of realisation.
8
If the proceeds of realisation made in pursuance of a request under subsection (3) are expressed in a currency other than sterling, they must be taken to be the sterling equivalent calculated in accordance with the rate of exchange prevailing at the end of the day of realisation.