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Rule 37AA.2A Confiscation orders: certificationF1F2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A request by the prosecutor for a certificate under paragraph 7(1) of Schedule 1 to the 2014 Regulations must—

(a)

be made by minute prior to the making of a domestic confiscation order;

(b)

set out why the prosecutor considers that the property to which the application relates—

(i)

was used or was intended to be used for the purposes of an offence; or

(ii)

is the proceeds of an offence;

(c)

contain the specified information.

(2)

Where the court issues a certificate, it must—

(a)

do so in the form annexed to Council Framework Decision 2006/783/JHA of 6th October 2006 on the application of the principle of mutual recognition to confiscation orders;

(b)

provide in the domestic confiscation order for notice to be given in accordance with paragraph 7(4) of Schedule 1 to the 2014 Regulations.

(3)

In this rule, “domestic confiscation order” and “specified information” have the meanings given by paragraph 1 of Schedule 1 to the 2014 Regulations.

Annotations

Textual amendments

F1

Sch. 2 Ch. 37AA substituted for Sch. 2 Ch. 37 (24.2.2003 for specified purposes, 24.3.2003 in so far as not already in force) by Act of Adjournal (Criminal Procedure Rules Amendment) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/120), paras. 1(1), 2(2) (with para. 3)

F2

Sch. 2 rule 37AA.2A inserted (1.3.2016) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2016 (S.S.I. 2016/103), paras. 1(2), 3(3)