Article 94 Conditions for High Court to give effect to external requestI1
United Kingdom
The High Court may exercise the powers conferred by article 95 if either of the following conditions is satisfied.
The first condition is that—
relevant property in Northern Ireland is identified in the external request;
a criminal investigation has been started in the country from which the external request was made with regard to an offence, and
there F1are reasonable grounds to suspect that the alleged offender named in the request has benefited from his criminal conduct.
The second condition is that—
relevant property in Northern Ireland is identified in the external request;
proceedings for an offence have been started in the country from which the external request was made and not concluded, and
there is reasonable cause to believe that the defendant named in the request has benefited from his criminal conduct.
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.
If the first condition is satisfied, references in this Chapter to the defendant are to the alleged offender.
Annotations
Textual amendments
- F1
Words in art. 94(2)(c) substituted (11.8.2016) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2016 (S.I. 2016/662), arts. 1, 21