{
  "url": "https://openlegislation.uk/criminal-justice-act-1988-designated-countries-and-territories-order-1991/schedule-2/paragraph-21",
  "json_url": "https://openlegislation.uk/criminal-justice-act-1988-designated-countries-and-territories-order-1991/schedule-2/paragraph-21.json",
  "legislation": "uksi/1991/2873",
  "legislation_title": "The Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991",
  "legislation_url": "https://openlegislation.uk/criminal-justice-act-1988-designated-countries-and-territories-order-1991",
  "path": "schedule/2/paragraph/21",
  "kind": "paragraph",
  "number": "21",
  "heading": null,
  "text": "In section 102–\n(a) for the list of expressions and relevant provisions in subsection (2) there shall be substituted–\n“\nExpression\nRelevant provision\nCharging order\nSection 78(2)\nExternal Confiscation Order\nSection 71(1)\nDealing with property\nSection 77(9)\nDefendant\nSection 74(1)(c)\nGift caught by this Part of this Act\nSection 74(10)\nMaking a gift\nSection 74(11)\nConduct to which this Part of this Act applies\nSection 74(1)(b)\nRealisable property\nSection 74(2)\nRestraint order\nSection 77(1)\nValue of gift\nSection 74(8) and (9)\nValue of property\nSection 74(5) to (7)\n”;\n(b) subsection (4) shall be omitted;\n(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.”;\n(d) for subsection (11), there shall be substituted the following:\n“(11) Proceedings are instituted in a designated country when–\n(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\n(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\n(e) for subsection (12), there shall be substituted the following:\n“(12) Proceedings are concluded–\n(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;\n(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\n(f) at the end, the following Appendix shall be added–\n“APPENDIX\nINSTITUTION OF PROCEEDINGS\nSection 102(11)\nDesignated country\nPoint at which proceedings are instituted\nItaly\n(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;\n(b) when a proposal for the application of a preventative measure is laid before a court.\nSweden\nwhen 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.\n”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "amended",
      "affecting": "uksi/1996/2877",
      "affecting_title": "The Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) (No. 2) Order 1996"
    },
    {
      "type": "amended",
      "affecting": "uksi/1994/1639",
      "affecting_title": "The Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 1994"
    },
    {
      "type": "amended",
      "affecting": "uksi/1993/3147",
      "affecting_title": "The Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) (No. 2) Order 1993"
    },
    {
      "type": "amended",
      "affecting": "uksi/1993/1790",
      "affecting_title": "The Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 1993"
    },
    {
      "type": "amended",
      "affecting": "uksi/1999/282",
      "affecting_title": "The Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 1999"
    },
    {
      "type": "amended",
      "affecting": "uksi/1997/1316",
      "affecting_title": "The Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 1997"
    },
    {
      "type": "amended",
      "affecting": "uksi/1996/278",
      "affecting_title": "The Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 1996"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1991/2873/schedule/2/paragraph/21",
    "retrieved_at": "2026-10-29T14:32:16.578405+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}