Page 605 - IOM Law Society Rules Book

c.13 Proceeds of Crime Act 2008 227

3. (1) A person obtains property through unlawful conduct “Property
(whether that person’s own conduct or another’s) if the property obtained
is obtained by or in return for the conduct. through
unlawful
conduct”
(2) In deciding whether any property was obtained through P2002/29/242
unlawful conduct —

(a) it is immaterial whether or not any money, goods or
services were provided in order to put the person in
question in a position to carry out the conduct;

(b) it is not necessary to show that the conduct was of a
particular kind if it is shown that the property was
obtained through conduct of one of a number of kinds,
each of which would have been unlawful conduct.

Chapter 2

Civil recovery in the High Court

Proceedings for recovery orders

4. (1) Proceedings for a recovery order may be taken by the Proceedings for
Attorney General in the High Court against any person who the recovery orders
Attorney General thinks holds recoverable property. P2002/29/243

(2) The Attorney General must serve the claim form —

(a) on the respondent; and

(b) unless the court dispenses with service, on any other
person who the Attorney General thinks holds any
associated property which the Attorney General wishes
to be subject to a recovery order,

wherever domiciled, resident or present.

(3) If any property which the Attorney General wishes to
be subject to a recovery order is not specified in the application it
must be described in the application in general terms; and the
application must state whether it is alleged to be recoverable
property or associated property.

(4) References in this section to the claim form include the
particulars of claim, where they are served subsequently.

5. (1) “Associated property” means property of any of the “Associated
following descriptions (including property held by the respondent) property”
which is not itself the recoverable property — P2002/29/245