Criminal Justice (Mutual Assistance) Act 2008


Subsequent treatment of frozen property.

48.— (1) A request to transfer evidence subject to a freezing co-operation order to the issuing state shall be treated as a request for assistance in obtaining evidential material under section 75 .

(2) A request to make a confiscation co-operation order in relation to property subject to such an order shall be dealt with in accordance with F26 [ this Part ].

(3) Notwithstanding subsection (1), where—

( a) a request from a member state concerns an offence to which Article 3(2) of the F26 [ 2003 Framework Decision ] applies, and

( b) the offence is punishable in the issuing state by a term of imprisonment of not less than 3 years,

the High Court may not refuse a request for evidence to be transferred to that state on the ground that the conduct constituting the offence is not an offence under the law of the State.




Substituted (1.02.2016) by Criminal Justice (Mutual Assistance) (Amendment) Act 2015 (40/2015), s. 10(a) and (b), S.I. No. 11 of 2016.