Paragraph 3
In paragraph 5—
after sub-paragraph (a) there shall be inserted:
“(aa)for subsection (1)(b) there shall be substituted:
“(b)the proceedings have not been concluded;”,
(b)after sub-paragraph (b) there shall be inserted:
“(bb)subsection (1A) shall be omitted;”,
(c)for sub-paragraph (e) there shall be substituted:
“(e)in subsection (4), for the words from “proceedings” to the end there shall be substituted the following—
“the proposed proceedings are not instituted within such time as the court considers reasonable.””.
4In paragraph 7, for sub-paragraph (c) there shall be substituted:
“(c)in subsection (7)(b)(i), for the words “or application in question” there shall be substituted the words “against the defendant in the designated country””.
5In paragraph 14—
(a)for sub-paragraph (b) there shall be substituted:
“(b)in subsection (6)(a), sub-paragraphs (i) and (ii) shall be omitted;”;
(b)for subsection (c) there shall be substituted:
“(c)in subsection (6)(b), for the words “conclusion of the proceedings or application” there shall be substituted the words “discharge of the restraint or charging order”.”.
6For paragraph 20 there shall be substituted the following paragraph—
“20Sections 99 to 101 shall be omitted.”.
7In paragraph 21—
(a)before sub-paragraph (a) there shall be inserted:
“(Za)in subsection (1), the definition of “proceeds of criminal conduct” shall be omitted;”;
(b)in sub-paragraph (a) the definitions of “criminal conduct”, “offence of a relevant description” and “relevant criminal conduct” shall be omitted;
(c)after sub-paragraph (e) there shall be inserted:
“(f)subsection (12A) shall be omitted;
(g)for subsection (12B) there shall be substituted the following—
“(12B)For the purposes of this Part of this Act, an external confiscation order is satisfied when no property remains liable to be recovered under it, or no amount is due under it or otherwise;”;
(h)subsection (12C) shall be omitted;”;
(d)as a consequence of the amendments in sub-paragraph (c) above, for “(f)” there shall be substituted “(i)”.
8There shall be inserted in the Appendix set out at the end of paragraph 21(i) (institution of proceedings), after the entry for Thailand, the following entry—
“
Ukraine when a criminal case is brought ”.
9For paragraph 23 there shall be substituted the following paragraph—
“23In Schedule 4—
(a)(b)Part II shall be omitted.”.”
Annotations
Footnotes
- f1
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1963 c. 33; the entry relating to this Act was inserted by section 71 of and paragraph 1 of Part II of Schedule 4 to the Criminal Justice Act 1988 and the Criminal Justice Act 1988 (Confiscation Orders) Order 1990 (S.I. 1990/1570).
- f2
- f3
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1988 c. 48; the entry relating to this Act was inserted by section 71 of and paragraph 1 of Part II of Schedule 4 to the Criminal Justice Act 1988 and the Criminal Justice Act 1988 (Confiscation Orders) Order 1995 (S.I. 1995/3145).
- f4
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1992 c. 5; the entry relating to this Act was inserted by section 71 of and paragraph 1 of Part II of Schedule 4 to the Criminal Justice Act 1988 and the Criminal Justice Act 1988 (Confiscation Orders) Order 1996 (S.I. 1996/1716).
- f5
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1994 c. 26; the entry relating to this Act was inserted by section 71 of and paragraph 1 of Part II of Schedule 4 to the Criminal Justice Act 1988 and the Criminal Justice Act 1988 (Confiscation Orders) Order 1995 (S.I. 1995/3145).