Search Legislation

Crime (International Co-operation) Act 2003

Status:

This is the original version (as it was originally enacted).

10Domestic freezing orders
This section has no associated Explanatory Notes

(1)If it appears to a judicial authority in the United Kingdom, on an application made by a person mentioned in subsection (4)—

(a)that proceedings in respect of a listed offence have been instituted or such an offence is being investigated,

(b)that there are reasonable grounds to believe that there is evidence in a participating country which satisfies the requirements of subsection (3), and

(c)that a request has been made, or will be made, under section 7 for the evidence to be sent to the authority making the request,

the judicial authority may make a domestic freezing order in respect of the evidence.

(2)A domestic freezing order is an order for protecting evidence which is in the participating country pending its transfer to the United Kingdom.

(3)The requirements are that the evidence—

(a)is on premises specified in the application in the participating country,

(b)is likely to be of substantial value (whether by itself or together with other evidence) to the proceedings or investigation,

(c)is likely to be admissible in evidence at a trial for the offence, and

(d)does not consist of or include items subject to legal privilege.

(4)The application may be made—

(a)in relation to England and Wales and Northern Ireland, by a constable,

(b)in relation to Scotland, by the Lord Advocate or a procurator fiscal.

(5)The judicial authorities are—

(a)in relation to England and Wales, any judge or justice of the peace,

(b)in relation to Scotland, any judge of the High Court or sheriff,

(c)in relation to Northern Ireland, any judge or resident magistrate.

(6)This section does not prejudice the generality of the power to make a request for assistance under section 7.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources