Article 17A Conditions for exercise of powersF1

(1)

An appropriate officer may exercise the power conferred by article 17B if satisfied that either of the following conditions is met.

(2)

The first condition is that—

(a)

a criminal investigation has been started in the country from which the external request was made with regard to an offence;

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

proceedings for the offence have not yet been started against the person in that country; and

(d)

a restraint order is in force in respect of any realisable property.

(3)

The second condition is that—

(a)

proceedings for an offence have been started in the country from which the external request was made; and

(d)

a restraint order is in force in respect of any realisable property.

(4)

In relation to the first condition in this article, subject to article 17B(4), references in this Chapter to the defendant are to the person mentioned in that condition.

Annotations

Textual amendments

F1: Ch. 1A inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2015 (S.I. 2015/1750), arts. 1(2), 11
F2: Art. 17A(2)(b) omitted (26.4.2025) by virtue of The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2024 (S.I. 2024/1127), arts. 1(2), 6(1)