Page 811 - IOM Law Society Rules Book

c.13 Proceeds of Crime Act 2008 433

(b) the Attorney General is satisfied that if the conduct SCH. 6
constituting the offence were to occur in the Island, it would
constitute an offence in the Island.

(8) Subject to subsection (9), where —

(a) the High Bailiff has received evidence pursuant to an
application under subsection (5); and

(b) the Attorney General has transmitted that evidence pursuant
to paragraph 4(1) of Schedule 2,

the Attorney General may transmit that evidence to another court,
tribunal or authority.

(9) The Attorney General must not transmit evidence under
subsection (8) unless —

(a) the Attorney General has received a request for assistance
pursuant to subsection (1) from the other court, tribunal or
authority referred to in subsection (8);

(b) in a case within subsection (2)(a) or (b), the Attorney General
is satisfied as to the matters mentioned in subsection (3)(a)
and (b); and

(c) where the request relates to a fiscal offence in respect of
which proceedings have not yet been instituted, the Attorney
General is satisfied as to the matters mentioned in
paragraphs (a) and (b) in subsection (7).

(10) Schedule 2 is to have effect in relation to proceedings before
the High Bailiff in pursuance of an application under this section.

(11) In this section —

“administrative proceedings” include proceedings outside the
Island brought by administrative authorities in the requesting
country or territory in respect of acts which are punishable
under the laws of that country or territory as infringements
of the law, and where a decision in the proceedings may be
the subject of an appeal before a court exercising criminal
jurisdiction in that country or territory;

“clemency proceedings” means proceedings in a country or
territory outside the Island, not being proceedings before
a court exercising criminal jurisdiction, for the removal
or reduction of a penalty imposed on conviction of an
offence;

“criminal proceedings” include criminal proceedings outside the
Island in which a civil order may be made;

“evidence” includes information in any form and articles, and
giving evidence includes answering a question or producing
any information or article.