FIRST SCHEDULE—continued
- (d) property is transferred by one person to another if the first person transfers or grants to the other any interest in the property.
(4) For the purposes of this Schedule, judicial proceedings instituted in a prescribed foreign country that are criminal proceedings are concluded on the occurrence of one of the following events:
- (a) the discontinuance of the proceedings;
- (b) the acquittal of the defendant;
- (c) the quashing of the defendant’s conviction for the offence;
- (d) the grant of a pardon in respect of the defendant’s conviction for the offence;
- (e) the court sentencing or otherwise dealing with the defendant in respect of his conviction for the offence without having made a foreign confiscation order;
- (f) the satisfaction of a foreign confiscation order made in the proceedings, whether by payment of the amount due under the order, by the defendant serving imprisonment in default, by the recovery of all property liable to be recovered, or otherwise.
(5) For the purposes of this Schedule, a foreign confiscation order is subject to appeal as long as an appeal or further appeal is pending against the order or (if it was made on a conviction) against the conviction; and for this purpose, an appeal or further appeal shall be treated as pending (where one is competent but has not been brought) until the expiration of the time for bringing the appeal.
Application
2. This Schedule shall only apply to any matter which is the subject of a request under section 29 of this Act, and in relation to which the Attorney-General has decided to act, or has authorised that action be taken, under the provisions of this Schedule.
PART II
Enforcement of Foreign Confiscation Orders other than Instrumentality Forfeiture Orders
Interpretation of this Part
3.—(1) For the purposes of this Part, the value of property (other than cash) in relation to any person holding the property—
- (a) where any other person holds an interest in the property, shall be—
- (i) the market value of the first-mentioned person's beneficial interest in the property; less
- (ii) the amount required to discharge any incumbrance (other than a charging order) on that interest; and
