Paragraph 21

In section 102–

(a)

for the list of expressions and relevant provisions in subsection (2) there shall be substituted–

“

Expression Relevant provision

Charging order Section 78(2)
External Confiscation Order Section 71(1)
Dealing with property Section 77(9)
Defendant Section 74(1)(c)
Gift caught by this Part of this Act Section 74(10)
Making a gift Section 74(11)
Conduct to which this Part of this Act applies Section 74(1)(b)
Realisable property Section 74(2)
Restraint order Section 77(1)
Value of gift Section 74(8) and (9)
Value of property Section 74(5) to (7)

”;

Expression	Relevant provision
Charging order	Section 78(2)
External Confiscation Order	Section 71(1)
Dealing with property	Section 77(9)
Defendant	Section 74(1)(c)
Gift caught by this Part of this Act	Section 74(10)
Making a gift	Section 74(11)
Conduct to which this Part of this Act applies	Section 74(1)(b)
Realisable property	Section 74(2)
Restraint order	Section 77(1)
Value of gift	Section 74(8) and (9)
Value of property	Section 74(5) to (7)

(b)

subsection (4) shall be omitted;

(c)

at the end of subsection (5) the fullstop shall be omitted and there shall be added the words “, and whether received before or after the commencement of the Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991.”;

(d)

for subsection (11), there shall be substituted the following:

“(11)

Proceedings are instituted in a designated country when–

(a)

under the law of the designated country concerned one of the steps specified in relation to that country in the right-hand column of the Appendix to this section has been taken there in respect of alleged conduct by the defendant to which this Part of this Act applies; or

(b)

an application has been made to a court in a designated country for an external confiscation order, and where the application of this subsection would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.”; and

(e)

for subsection (12), there shall be substituted the following:

“(12)

Proceedings are concluded–

(a)

when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an external confiscation order being made in the proceedings;

(b)

on the satisfaction of an external confiscation order made in the proceedings (whether by the recovery of all property liable to be recovered, or the payment of any amount due, or otherwise).”; and

(f)

at the end, the following Appendix shall be added–

“APPENDIX

INSTITUTION OF PROCEEDINGS

Section 102(11)

Designated country Point at which proceedings are instituted

Italy
(a)

when a person is notified, in accordance with article 369 of the Italian Code of Criminal Procedure, that a prosecution against him is in process;

(b)

when a proposal for the application of a preventative measure is laid before a court.

Sweden when a public prosecutor has established that there are reasonable grounds to suspect that a person has committed an offence and accordingly the prosecutor is obliged under the Code of Judicial Procedure to notify the person of the suspicion.

”

Designated country	Point at which proceedings are instituted
Italy	(a) when a person is notified, in accordance with article 369 of the Italian Code of Criminal Procedure, that a prosecution against him is in process; (b) when a proposal for the application of a preventative measure is laid before a court.
Sweden	when a public prosecutor has established that there are reasonable grounds to suspect that a person has committed an offence and accordingly the prosecutor is obliged under the Code of Judicial Procedure to notify the person of the suspicion.