Fiches Belges: United Kingdom (Third Country)

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

Yes, confiscation is the registering and enforcing of the requesting state’s order against assets in the UK. The order has the purpose of recovering property, or the value of property received in connection with the commission of crime. This is available for orders following conviction and for non-conviction asset forfeiture orders.

International legal framework applicable for this measure in your Member State

Council Framework Decision 2006/783/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 2006/783/JHA 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 2006/783/JHA the Confiscation Order will be recognised by the relevant court 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 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

These measures can be executed if the following criteria is met: There is dual criminality; For criminal proceedings • relevant property in England and Wales has to be identified in the external request; • there is reasonable cause to believe that the alleged offender named in the request has benefited from his criminal conduct; • Either a criminal investigation has been started in the country from which the external request was made with regard to an offence, or proceedings for an offence have been started but not concluded; and • there are reasonable grounds to believe that the property will be needed to satisfy an external order in due course For civil proceedings: • relate to conduct which constitutes an offence in any part of the UK or would constitute an offence in any part of the UK if it occurred there; • relevant property in England and Wales has to be identified in the external request; • there is reasonable cause to believe that the alleged offender named in the request has benefited from his criminal conduct; • there are reasonable grounds to believe that the property will be needed to satisfy an external order in due course The order made can be enforced outside the jurisdiction of the requesting state; The original or duly authenticated copy of the order must be provided with the request; The material facts of the case – including any defence or explanation put forward by the defendant/suspect, any facts that have come to light after the restraint order was made. This will enable the court to decide whether to maintain or discharge the restraint order; Why the order is necessary – include an explanation that will enable the court to consider whether there is a real risk that the identified property will be dissipated if no order is made; The name, address, nationality, date and place of birth and present location of the suspect(s) or defendants whose criminal conduct has given rise to anticipated confiscation or forfeiture proceedings; Details of the property to be confiscated in the UK, the persons holding it and the link between the suspect and the property (this is important if the property to be restrained is held in the name of a third party such as a company or another person); Whether prior assistance in the case (including asset tracing assistance) has been provided and, if so, details of the UK authorities involved and details of the assistance already received. If assistance has not previously been sought or provided this should be clearly stated; Where applicable, details of any court orders already made in the requesting state against the suspect in respect of his or her property and a duly authenticated copy of that order certified by a person in his or her capacity as a judge, magistrate or officer of the relevant court of the requesting state, or by an official of the requesting authority. If no court orders have been made, this should be clearly stated; If possible, brief details of all known property held by the suspect outside the UK.

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