Criminal Justice (Mutual Assistance) Act 2008
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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 Part 5 . | ||
(3) Notwithstanding subsection (1), where— | ||
(a) a request from a member state concerns an offence to which Article 3(2) of the 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. |