Criminal Justice (Mutual Assistance) Act 2008

33

Transmission of freezing order for enforcement outside the State.

33.— (1) If—

(a) any property to which an application for a freezing order relates is in a member state, and

(b) the application is granted,

the applicant may request the judge concerned to cause a certificate to be completed.

(2) The certificate shall—

(a) bear a signature (which may be an electronic signature) by or on behalf of the court concerned, and

(b) include a statement as to the accuracy of the information in the certificate.

(3) If the freezing order is an order under section 32 for the protection of evidence, the court concerned may indicate to the judicial authority of the member state any formalities and procedures in enforcing the order that are necessary to ensure that the evidence is admissible in criminal proceedings.

(4) The freezing order and certificate shall be sent by a registrar of the Court to the applicant, who shall send them to the Central Authority for transmission to the appropriate authority in the member state concerned with a view to having the freezing order enforced.

(5) If a freezing order relates to property in a designated state (other than a member state), the Director of Public Prosecutions may send to the Central Authority, for transmission to the appropriate authority in the designated state with a view to having the freezing order enforced—

(a) a duly authenticated copy of the order, and

(b) such other information as may be required by the appropriate authority in accordance with the relevant international instrument.