Criminal Justice (Mutual Assistance) Act 2008

104

Recognition of third party rights.

104.— (1) A court, when having regard under this Act to the rights of third parties, may, and shall if so required by the relevant international instrument, recognise any decision relating to those rights made by a court or tribunal in the designated state concerned.

(2) Such recognition may be refused if—

(a) the third parties did not have an adequate opportunity to assert their rights,

(b) the decision is irreconcilable with a court decision already made in the State in regard to those rights, or

(c) it is contrary to public policy (ordre public).