Enforcement of Confiscation Orders Overseas

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Stephen Hellman discusses interim measures and enforcement of confiscation orders overseas in a lecture given at the Proceeds Of Crime Lawyers Association Confiscation Forum.

Part 2 of the 2005 Order is divided into chapters.  Chapter 1 deals with external requests for interim relief.  Chapter 2 deals with the enforcement of external confiscation orders.  Chapter 3 contains further provisions about receivers and deals with the procedure on appeal.  Chapter 4 deals with interpretation.

The drafting technique was to reproduce mutatis mutandis in the 2005 Order the relevant provisions of POCA, so that the domestic court has the same power to enforce an application based on an external request as it would to enforce an application based on a domestic request.  But, as appears below, there are differences in the powers of the court under these two instruments.

POCLA paper: interim measures and overseas enforcement