Criminal Justice (Mutual Assistance) Act 2008

51A

F38[External confiscation orders (member states)

51A. (1) Where the Central Authority receives an external confiscation order that has been transmitted by or on behalf of a court in a designated state that is a member state, it shall, subject to subsection (2), transmit the external confiscation order to the Director of Public Prosecutions for execution under this Act.

(2) Where the Central Authority considers that there are grounds for refusal, postponement, variation or termination of the execution of an external confiscation order transmitted by or on behalf of a court in a designated state that is a member state, in accordance with the relevant international instrument, the Central Authority shall cause an application to be made to the High Court for an order under section 51B, 51C, 51E or 51F, as the case may be.]

Annotations

Amendments:

F38

Inserted (1.02.2016) by Criminal Justice (Mutual Assistance) (Amendment) Act 2015 (40/2015), s. 13, S.I. No. 11 of 2016.

Editorial Notes:

E14

Provision made for compensation arising from default in execution of order under section by Criminal Justice Act 1994 (15/1994), s. 65(4A), as inserted (1.02.2016) by Criminal Justice (Mutual Assistance) (Amendment) Act 2015 (40/2015) s. 34, S.I. No. 11 of 2016.

E15

The section heading is taken from the amending section in the absence of one included in the amendment.