The Crime (International Co-operation) Act 2003 (Freezing Order) (England and Wales and Northern Ireland) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the power contained in section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union (and in particular the deficiencies referred to in paragraph (g) of subsection (2)).

The Crime (International Co-operation) Act 2003 (c.32) (“the 2003 Act”) provides for a judicial authority in the United Kingdom to make a domestic freezing order protecting evidence in a participating country pending its transfer to the United Kingdom (sections 10 to 12). Sections 20 to 25 of the 2003 Act contain provisions regarding overseas freezing orders made by a court or authority in a participating country to protect evidence in the United Kingdom pending its transfer to the participating country.

Those provisions apply in relation to “listed offences” as defined by section 28(5) of the 2003 Act. The freezing order provisions also contain requirements in relation to what information needs to be contained within the certificates required by sections 11(4) and 20(5), namely “specified information” as defined by section 28(7).

Originally, the 2003 Act defined these “listed offences” and “specified information” by reference to the Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence (OJ No. L 196, 02.08.2003, P.45-55) (“the Framework Decision”) and to offences or information prescribed by an order made under the 2003 Act.

These Regulations (which extend to England and Wales and Northern Ireland only) replace those references to the Framework Decision with a list of offences set out in a new Schedule 1A to the 2003 Act and the specified information set out in a new Schedule 1B.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.