Fiches Belges: United Kingdom (Third Country)

Is this measure possible in your Member State under International Judicial Cooperation?

The UK’s criminal procedure does not make a distinction between the concepts of sequestration of assets and confiscation. Therefore measure 505 (Confiscation) applies to this measure. The measure allows for the registering and enforcing of the requesting state’s order against assets in the UK. The order has the purpose of seizing and recovering property, or the value of property received in connection with the commission of crime.

International legal framework applicable for this measure in your Member State

Council Framework Decision 2003/577/JHA European Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime 1990 European Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism 2005

* receive the request/decision for judicial cooperation

Under Council Framework Decision 2003/577/JHA England and Wales contact: For freezing evidence in England or Wales or Northern Ireland contact: UK Central Authority International Criminality Unit Home Office 3rd Floor Seacole Building 2 Marsham Street London SW1P 4DF For freezing assets Crown Prosecution Service Proceeds of Crime Rose Court 2 Southwark Bridge London SE1 9HS For complex fraud, bribery and corruption cases: Serious Fraud Office Proceeds of Crime Serious Fraud Office 2–4 Cockspur Street London SW1Y 5BS Northern Ireland contact: Public Prosecution Service for Northern Ireland High Court & International Section Belfast Chambers 93 Chichester Street Belfast BT1 3JR Scotland contact: International Co-operation Unit Crown Office 25 Chambers Street Edinburgh EH1 1LA Under European Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime 1990 / European Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism 2005 England or Wales or Northern Ireland contact: UK Central Authority International Criminality Unit Home Office 3rd Floor Seacole Building 2 Marsham Street London SW1P 4DF Scotland contact: International Co-operation Unit Crown Office 25 Chambers Street Edinburgh EH1 1LA

* execute/recognise the measure (if other than the receiving authority)

Under Council Framework Decision 2003/577/JHA the Freezing Order will be recognised by the relevant court Under the European Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime 1990 / European Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism 2005 the request will be accepted by, the central authority will decide who will execute a request and will refer it to the relevant prosecuting agency accordingly.

Accepted languages for the request/decision

All requests should be in English. If an English translation is not provided, is incomplete, or is not carried out to a high professional standard, the request will be sent back to the requesting authority.

Deadlines for the execution of the request/decision (where applicable)

N/A

a. Special requirements

Requests made under the European Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime 1990 / European Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism 2005 must include the following: Be in relation to conduct with constitutes an offence in any part of the UK or would constitute an offence in any part of the UK if it occurred there; Identify relevant property in England and Wales or Northern Ireland; Be in respect of a criminal investigation that has been started in the requesting state with regard to an offence or proceedings for an offence have been started in the requesting state and not concluded; Demonstrate that there is reasonable cause to believe the alleged offender (or defendant) named in the request has benefited from his criminal conduct.

b. Other useful information

The link below gives information for competent authorities abroad about obtaining evidence within the UK (or abroad) to assist in criminal investigations or proceedings: https://www.gov.uk/guidance/mutual-legal-assistance-mla-requests