PART 2Proceeds of Crime (Foreign Property and Foreign Orders)
CHAPTER 2England and Wales
Domestic confiscation orders: certification11
1
If any of the property to which an application for a domestic confiscation order relates is property in a member State other than the United Kingdom, the prosecutor may ask the Crown Court to make a certificate under this regulation.
2
The Crown Court may make a certificate under this regulation if—
a
it makes a domestic confiscation order in relation to property in the other member State, and
b
it is satisfied that there is a good arguable case that the property—
i
was used or was intended to be used for the purposes of an offence, or
ii
is the proceeds of an offence.
3
A certificate under this regulation is a certificate which—
a
is made for the purposes of the 2006 Framework Decision, and
b
gives the specified information.
4
If the Crown Court makes a certificate under this regulation, the domestic confiscation order must provide for notice of the certificate to be given to the person affected by it.
5
A court which has relevant powers in respect of a domestic confiscation order is to have the same relevant powers in respect of a certificate under this regulation.
6
For that purpose “relevant powers” means the powers—
a
to consider an appeal,
b
to consider an application for reconsideration, variation or discharge, and
c
to make an order on any such appeal or application.