Section 34
of Criminal Conduct (Recovery of Proceeds) Order, 2000
Section 34
(1)
For the purposes of sections 31 and 32, and of the other provisions of this
Order as applied by subsection (2) of section 31, a certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating-
(a)
that proceedings have been instituted and have not been concluded, or that proceedings are to be instituted, in that designated country;
(b)
that an external confiscation order is in force and is not subject to appeal;
(c)
that all or a certain amount payable under an external confiscation order remains unpaid in the designated country, or that other property recoverable under an external confiscation order remains unrecovered there;
(d)
that any person has been notified of any proceedings in accordance with the law of the designated country; or
(e)
that an order (however described) made by a court of the designated country has the purpose -
(i)
of recovering property obtained as a result of or in connection with conduct to which this Order applies or the value of property so obtained; or
(ii)
of depriving a person of a pecuniary advantage so obtained, shall, in any proceedings in the Court, be admissible as evidence of the facts so stated.
(2)
In any such proceedings, a statement contained in a document, duly authenticated, which purports to have been received in evidence or to be a copy of a document so received, or to set out or summarise evidence given in proceedings in a court of a designated country, shall be admissible as evidence of any fact stated therein.
(3)
A document is duly authenticated for the purpose of subsection (2) if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court of the designated country or by or on behalf of the appropriate authority of the designated country.
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(4)
Nothing in this section shall prejudice the admission of any evidence, whether contained in any document or otherwise1 which is admissible apart from this section.
Representation of government of designated country.