Criminal Justice (Mutual Assistance) Act 2008

46.

Refusal to make freezing co-operation order.

46.— (1) Without prejudice to section 3 , the High Court may refuse to make a freezing co-operation order only if—

( a) the offence to which the external freezing order relates is not an offence to which the relevant international instrument relates,

( b) where the external freezing order was made in a member state, the certificate is not produced, is incomplete or manifestly does not correspond to the external freezing order,

( c) there is an immunity or privilege under the law of the State which makes it impossible to make a freezing co-operation order,

( d) it is immediately clear from the information provided in a certificate that compliance with a request for the transfer of evidence or confiscation of property in relation to the offence in respect of which the external freezing order has been made would infringe the ne bis in idem principle, or

( e) in the case of an external freezing order from a designated state (other than a member state), there is not a reasonable basis for believing—

(i) that there are sufficient grounds for making the order, or

(ii) that the property will be subject to an external confiscation order.

(2) In a case referred to in subsection (1)(b), the High Court may—

( a) specify a deadline for presentation of a certificate or for its completion or correction,

( b) accept an equivalent document, or

( c) if the Court considers that the information provided is sufficient, dispense with the requirement to produce the certificate.

(3) Where—

( a) the High Court refuses to make a freezing co-operation order, or

( b) notwithstanding consultation with the issuing judicial authority concerned, it is not possible to make such an order because—

(i) the evidence or property has disappeared, has been destroyed or cannot be found in the location indicated in the certificate, or

(ii) its location has not been indicated in a sufficiently precise manner,

the Court shall direct the Central Authority to inform the judicial authority accordingly by any means capable of producing a written record.