Criminal Justice (Mutual Assistance) Act 2008

38.

Exercise of powers under this Chapter by High Court or receiver.

38.— (1) The powers of the High Court under section 36 or of a receiver appointed under that section shall be exercised, subject to this section, with a view to making available for recovery property which may become liable to be recovered under any confiscation co-operation order F22 [ or, in the case of an external confiscation order transmitted by or on behalf of a court in a designated state that is a member state, that external confiscation order ] that may be made in the defendant’s case.

(2) The powers shall be exercised with a view to allowing any person, other than the defendant or the recipient of a gift, to retain or recover the value of any property held by the person.

(3) In the case of realisable property held by a person to whom the defendant has directly or indirectly made a gift, the powers shall be exercised with a view to realising no more than the value for the time being of the gift.

(4) In exercising the powers no account shall be taken of any obligations of the defendant or the recipient of any gift that conflict with the obligation to satisfy F23 [ any order referred to in subsection (1) ] that may be made in the defendant’s case.