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Criminal Justice (Mutual Assistance) Act 2008

Postponement of freezing co-operation order.

47.— (1) The High Court may postpone the making of a freezing co-operation order—

(a) where making it might prejudice an ongoing criminal investigation in the State, until such time as the Court deems reasonable,

(b) where the property or evidence concerned is already subject to a freezing order in criminal proceedings in the State, until that order is discharged, or

(c) subject to subsection (2), where, in the case of an external freezing order freezing property with a view to its subsequent confiscation, the property is already subject to an order made in other proceedings in the State, until that order is discharged.

(2) Subsection (1)(c) applies only if the order made in such other proceedings would have priority over a subsequent freezing order in criminal proceedings.

(3) Where the ground for postponement ceases to exist, the Court shall forthwith make a freezing co-operation order.

(4) The Court shall direct the Central Authority to inform the issuing judicial authority by any means capable of producing a written record of—

(a) any postponement under this section of the making of a freezing co-operation order, the reasons for the postponement and its expected duration,

(b) the making of a freezing co-operation order under subsection (3), and

(c) any other measure of restraint to which the property concerned may be subject.