The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005

Conditions for the court to give effect to external orders

68.—(1) The court must decide to give effect to an external order by registering it where all of the following conditions are satisfied.

(2) The first condition is that the external order was made consequent on the conviction of the person named in the order and no appeal is outstanding in respect of that conviction.

(3) The second condition is that the order is in force and no appeal is outstanding in respect of it.

(4) The third condition is that giving effect to the order would not be incompatible with any of the Convention rights (within the meaning of the Human Rights Act 1998(1)) of any person affected by it.

(5) The fourth condition applies only in respect of an external order which authorises the confiscation of property other than money that is specified in the order.

(6) That condition is that the specified property must not be subject to a charge under—

(a) section 9 of the Drug Trafficking Offences Act 1986(2);

(b) section 78 of the Criminal Justice Act 1988(3);

(c) Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990(4);

(d) section 27 of the Drug Trafficking Act 1994(5); or

(e) Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996(6).

(7) In determining whether the order is an external order within the meaning of the Act the court must have regard to the definitions in subsections (2), (4), (5), (6), (8) and (10) of section 447 of the Act.

(8) In paragraph (3) “appeal” includes—

(a) any proceedings by way of discharging or setting aside the order; and

(b) an application for a new trial or suspension or delay in execution of any penalty or sentence.

(1)

1998 c. 42.

(2)

1986 c. 32.

(3)

1988 c. 33.

(4)

S.I. 1990/2588 (N.I. 17).

(5)

1994 c. 37.

(6)

S.I. 1996/1299 (N.I. 9).