Basic HTML Version
833
Kanunları ve Tercümeleri
(3) A listed offence means—
(a) an offence described in Article 3(2) of the relevant Framework Decision, or
(b) a prescribed offence or an offence of a prescribed description.
(4) An order under sub-paragraph (3)(b) which, for the purposes of paragraph 11D, prescribes
an offence or a description of offences may require that the conduct which constitutes the offen-
ce or offences would, if it occurred in a part of the United Kingdom, constitute an offence in that
part.
(5) Specified information, in relation to a certificate under paragraph 11B or 11D, means—
(a) any information required to be given by the form of certificate annexed to the rele-
vant Framework Decision, or
(b) any prescribed information.
(6) In this paragraph, “prescribed” means prescribed by an order made by the Secretary of
State.
(7) A participating country means—
(a) a country other than the United Kingdomwhich is a member State on a day appoin-
ted for the commencement of Schedule 4 to the Crime (International Co-operation) Act 2003, and
(b) any other member State designated by an order made by the Secretary of State.
(8) “Country” includes territory.
(9) Section 14(2)(a) applies for the purposes of determining what are the proceeds of the com-
mission of an offence.
Domestic freezing orders: certification
11B (1) If any of the property to which an application for a restraint order relates is property
in a participating country, the applicant may ask the High Court to make a certificate under this
paragraph.
(2) The High Court may make a certificate under this paragraph if—
(a) it makes a restraint order in relation to property in the participating country, and
(b) it is satisfied that there is a good arguable case that the property is likely to be used
for the purposes of a listed offence or is the proceeds of the commission of a listed offence.