Article 12 Amendment of article 58 (restraint orders)

After paragraph (4) of article 58 (restraint orders) insert—

“(4A)

Paragraphs (4B) and (4C) apply where the court makes a restraint order (by virtue of the first condition in article 57) as a result of a criminal investigation having been instituted in the country from which the external request was made with regard to an offence.

(4B)

The court—

(a)

must include in the restraint order a requirement for the applicant for the restraint order to report to the court on the progress of the investigation at such times and in such manner as the restraint order may specify (a “reporting requirement”); and

(b)

must recall the restraint order if proceedings for the offence are not instituted within a reasonable time (and this duty applies whether or not an application to recall the restraint order is made under article 59(4)).

(4C)

The duty under paragraph (4B)(a) does not apply if the court decides that, in the circumstances of the case, a reporting requirement should not be imposed, but the court—

(a)

must give reasons for its decision; and

(b)

may at any time vary the restraint order so as to include a reporting requirement (and this power applies whether or not an application to vary the restraint order is made under article 59(4)).”.