Criminal Justice (Mutual Assistance) Act 2008
Chapter 3 Restitution | ||
Restitution of stolen property from designated state. |
84.— (1) An order under paragraph (i) of section 56 (orders for restitution) of the Criminal Justice (Theft and Fraud Offences) Act 2001 may be made by the court by or before which a person is convicted in relation to property in a designated state. | |
(2) The return of property to its owner in accordance with such an order does not prejudice the rights of any bona fide third parties in relation to it. | ||
(3) The Central Authority, on the application of the person entitled under the order to recover the property, shall send a copy of the order to the person or body in the designated state appearing to it to have the function of dealing with a request for the restitution of the property concerned. | ||
(4) The request shall be accompanied by a document provided by the applicant containing— | ||
(a) a statement that— | ||
(i) a specified person obtained the property concerned by committing an offence under the law of the State, and | ||
(ii) the return of the property to its owner does not prejudice the rights of any bona fide third parties in relation to it, | ||
and | ||
(b) the following information: | ||
(i) a description of the property; | ||
(ii) its location; | ||
(iii) the name and address of its owner; and | ||
(iv) any other information likely to facilitate compliance with the request. |