Criminal Justice (Mutual Assistance) Act 2008

48.

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 F23 [ this Part ].

(3) Notwithstanding subsection (1), where—

( a) a request from a member state concerns an offence to which Article 3(2) of the F23 [ 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.

Annotations:

Amendments:

F23

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.