Measure Implementation

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

Yes, in the UK this is referred to as compensation. Compensation is possible as part of the confiscation process.

Legal Framework

International legal framework applicable for this measure in your Member State

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

Competent Authority

* receive the request/decision for judicial cooperation

* receive the request/decision for judicial cooperation 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) nder 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

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.

Execution deadline

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

N/A

Concise legal practical information

Special requirements

a. Special requirements 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 all of the following criteria must be met before accepting a request to confiscate the proceeds of crime: 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; Be made consequent on the conviction of the person named in the order and no appeal is outstanding in respect of that conviction; Be in force and no appeal is outstanding in respect of it; Compatible with the European Court of Human Rights; 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

Last reviewed on 29 July 2022 by EJN Secretariat

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  • Assets - Freezing, Confiscation and Restitution (E.1 – E.4)
  • E.4 Confiscation
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