OpenLegislation

Rule 17 I1

In Part 32 (International co-operation)—

(a)

in the Table of Contents—

(i)

at the end of the first column, insert “Overseas freezing orders”; and

(ii)

at the end of the second column, insert “rule 32.10”;

(b)

in rule 32.9(1) (Overseas record), omit “and shall be kept in a separate book”; and

(c)

after the note after rule 32.9 (Overseas record), insert—

“Overseas freezing orders

32.10
(1)

This rule applies where a court is nominated under section 21(1) of the Crime (International Co-operation) Act 2003f1 to give effect to an overseas freezing order.

(2)

Where the Secretary of State serves a copy of such an order on the court officer—

(a)

the general rule is that the court will consider the order no later than the next business day;

(b)

exceptionally, the court may consider the order later than that, but not more than 5 business days after service.

(3)

The court must not consider the order unless—

(a)

it is satisfied that the chief officer of police for the area in which the evidence is situated has had notice of the order; and

(b)

that chief officer of police has had an opportunity to make representations, at a hearing if that officer wants.

(4)

The court may consider the order—

(a)

without a hearing; or

(b)

at a hearing, in public or in private.”.

Annotations

Commencement

I1

Rule 17 in force at 5.10.2009, see rule 1

Footnotes

f1

2003 c. 32; section 21 will take effect from a date to be appointed.