PART 3Recognition and execution in the United Kingdom of a European investigation order made in a participating State

CHAPTER 4Execution of a European investigation order by means of a search warrant etc.

Power to revoke or vary a search warrant or production order or to authorise the release of evidence seized or produced41

1

On an application by a person mentioned in paragraph (3) or (4), the nominated court may—

a

vary or revoke a warrant issued or production order made by it under regulation 39, or

b

authorise the release of any evidence retained by a constable under regulation 40(1).

2

But the nominated court may only exercise its power under paragraph (1) to the extent that—

a

it is of the opinion mentioned in regulation 39(5), or

b

it appears to the nominated court that the European investigation order has been withdrawn or no longer has effect in the issuing State.

3

In relation to England and Wales and Northern Ireland, the persons are—

a

the chief officer of police to whom a copy of the European investigation order was sent;

b

the constable retaining the evidence under regulation 40(1);

c

any other person affected by the order.

4

In relation to Scotland, the persons are—

a

a procurator fiscal;

b

any other person affected by the order.

5

When considering an application under this regulation, the nominated court must not entertain any challenge to the substantive reasons in relation to which the European investigation order was issued.