Article 104 Action on receipt of external order in connection with criminal convictionsI1
United Kingdom
Except where paragraph (2) applies, the Secretary of State may refer an external order arising from a criminal conviction in the country from which the order was sent and concerning relevant property in Northern Ireland to—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Director of Public Prosecutions for Northern Ireland;
to process it.
This paragraph applies where it appears to the Secretary of State that—
the property or sum of money specified in the order was found, or was believed, to have been obtained as a result of, or in connection with, criminal conduct involving serious or complex fraud, and
the order concerns relevant property in Northern Ireland.
Where paragraph (2) applies, the Secretary of State may refer the order to the Director of the Serious Fraud Office to process it.
In this Chapter “the relevant Director” means the Director to whom an external order is referred under paragraph (1) or (3).
Where an order concerns relevant property which is in England, Wales or Scotland as well as Northern Ireland, so much of the request as concerns such property shall be dealt with under Part 2 or 3, respectively.
Annotations
Textual amendments
- F1
Art. 104(1)(a) omitted (1.4.2008) by virtue of The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2008 (S.I. 2008/302), arts. 1(1), 2(23)