Page 710 - IOM Law Society Rules Book
P. 710

332                Proceeds of Crime Act 2008                 c.13

                                  (b) any free property held by the recipient of a tainted gift.



               Property:   132. (1) Property is all property wherever situated and includes —
               general
               provisions
                                  (a) money;
               P2002/29/84
                                  (b) all forms of real or personal property;


                                  (c) things in action and other intangible or incorporeal property.

                                (2) The following rules apply in relation to property —

                                  (a) property is held by a person if the person holds an
                                      interest in it;

                                  (b) property is obtained by a person if the person obtains
                                      an interest in it;


                                  (c) property is transferred by one person to another if the
                                      first one transfers or grants an interest in it to the second;

                                  (d) references to property held by a person include
                                      references to property vested in the person’s trustee in
                                      bankruptcy or liquidator;

                                  (e) references to an interest held by a person beneficially
                                      in property include references to an interest which
                                      would be held by that person beneficially if the property
                                      were not so vested;

                                  (f) references to an interest in relation to land in the Island
                                      are to any legal estate or equitable interest or power;

                                  (g) references to an interest, in relation to property other
                                      than land, include references to a right (including a right
                                      to possession).



               Proceedings  133. (1) Proceedings for an offence are started —

               P2002/29/85
                                  (a) when a justice of the peace issues a summons or warrant
               [c.15]                 under section 4 of the Summary Jurisdiction Act 1989
                                      (issue of summons to, or warrant for arrest of, accused)
                                      in respect of the offence;

                                  (b) when a person is charged with the offence after being
                                      taken into custody without a warrant.

                                (2) If more than one time is found under subsection (1) in
                           relation to proceedings they are started at the earliest of them.
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