# The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, Article 7: Conditions for Crown Court to give effect to external request

Extent: E+W+S+N.I.

(1) The Crown Court may exercise the powers conferred by article 8 if either of the following conditions is satisfied.
(2) The first condition is that—
(a) relevant property in England and Wales is identified in the external request;
(b) a criminal investigation has been started in the country from which the external request was made with regard to an offence, and
(c) there are reasonable grounds to suspect that the alleged offender named in the request has benefited from his criminal conduct.
(3) The second condition is that—
(a) relevant property in England and Wales is identified in the external request;
(b) proceedings for an offence have been started in the country from which the external request was made and not concluded, and
(c) there is reasonable cause to believe that the defendant named in the request has benefited from his criminal conduct.
(4) In determining whether the conditions are satisfied and whether the request is an external request within the meaning of the Act, the Court must have regard to the definitions in subsections (1), (4) to (8) and (11) of section 447 of the Act.
(5) If the first condition is satisfied, references in this Chapter to the defendant are to the alleged offender.

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Source: https://www.legislation.gov.uk/uksi/2005/3181/article/7 (the official version)
Page: https://openlegislation.uk/proceeds-of-crime-act-2002-external-requests-and-orders-order-2005/article-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.