Part 1

Mutual assistance in criminal matters
Chapter 2

Mutual provision of evidence

Assistance in obtaining evidence abroad

Domestic freezing orders
10
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.
S. 10 in force at 19.10.2009 by S.I. 2009/2605, art. 2(a)