Criminal Justice (Mutual Assistance) Act 2008
F42[Variation or discharge of confiscation co-operation orders
51D.— (1) Where a confiscation co-operation order has been made, the High Court, on application by the Central Authority or any person affected by the confiscation co-operation order—
(a) may vary or discharge it,
(b) shall vary it to the extent of any amount in respect of which there has already been confiscation in any state, if the High Court is satisfied that there has been such confiscation where—
(i) the person concerned has provided evidence that there has been such confiscation, in part, in that other state, and
(ii) the High Court has consulted with the competent authority in the designated state where the external confiscation order concerned was made, and that competent authority has confirmed that there has been confiscation in that other state and the extent of that confiscation,
and
(c) shall discharge it if the High Court is satisfied that there is no need for the confiscation co-operation order where—
(i) the person concerned has provided evidence that there has been confiscation in any state, the High Court has consulted with the competent authority in the designated state where the external confiscation order was made and that competent authority has confirmed that that external confiscation order has been satisfied by confiscation in that other state, or
(ii) it has been informed by the competent authority in the designated state where the external confiscation order concerned was made that that order has ceased to be enforceable.
(2) Notice of an application under this section and of the grounds for it shall be given by the applicant, in such manner as may be prescribed by rules of court or as the High Court may direct, to the Central Authority for transmission to the designated state concerned.
(3) The making of an application under subsection (1) shall not suspend the execution of the confiscation co-operation order concerned.]
F43[(4) Where the external confiscation order was made in the United Kingdom, the substantive grounds for making the external confiscation order may be reviewed only by a judicial authority in that state.]
Annotations
Amendments:
F42
Inserted (1.02.2016) by Criminal Justice (Mutual Assistance) (Amendment) Act 2015 (40/2015), s. 16, S.I. No. 11 of 2016.
F43
Inserted (31.01.2021) by European Union (Criminal Justice (Mutual Assistance) Act 2008) (Amendment) Regulations 2022 (S.I. No. 38 of 2022), reg. 9, in effect as per reg. 1(2).
Editorial Notes:
E18
The section heading is taken from the amending section in the absence of one included in the amendment.