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MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 34K

Applying for and making restraining orders

  (1)   If so authorised, a proceeds of crime authority may apply for such a restraining order against that property in respect of the offence.

  (2)   Part   2 - 1 of the Proceeds of Crime Act applies to the application, and to any restraining order made as a result.

  (3)   It applies as if:

  (a)   references in that Part   to an indictable offence were references to the foreign serious offence; and

  (c)   in a case to which subparagraph   34J(a)(i) applies:

  (i)   references in that Part   to a person charged with an indictable offence were references to a person against whom a criminal proceeding in respect of a foreign serious offence has commenced in a foreign country; and

  (ii)   references in that Part   to it being proposed to charge a person with an indictable offence were a reference to it being reasonably suspected that criminal proceedings are about to commence in respect of a foreign serious offence against the person in a foreign country; and

  (iii)   paragraphs 17(1)(e) and (f), subsections   17(3) and (4) and sections   18 to 20, 29, 44 and 45 of that Act were omitted; and

  (d)   in a case to which subparagraph   34J(a)(ii) applies in relation to a foreign country:

  (i)   references in that Part   to reasonable grounds to suspect that a person has committed a serious offence were references to reasonable grounds to suspect that foreign confiscation proceedings have commenced, or are about to commence, in the foreign country; and

  (ii)   section   17, paragraphs 18(1)(e) and (f), subsection   18(3) and sections   19, 20, 29, 44 and 45 of that Act were omitted.



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