|
|
Variation or discharge of freezing co-operation order.
|
45.— (1) Subject to the provisions of this section, the High Court, on application by any person affected by a freezing co-operation order—
|
|
| |
(a) may vary or discharge it, and
|
|
| |
(b) shall discharge it—
|
|
| |
(i) if proceedings in respect of the offence are not instituted, or an application for the transfer of the evidence or for a confiscation order is not made, within such time as the court considers reasonable, or
|
|
| |
(ii) if the court considers that for any other reason the continuance in force of the order would not be in the interests of justice.
|
|
| |
(2) Notice of an application under this section and of the grounds for it shall be given by the applicant, in such manner as may be prescribed by rules of court or as the Court may direct, to the Central Authority for transmission to the issuing authority.
|
|
| |
(3) The making of an application under this section does not have suspensive effect.
|
|
| |
(4) The substantive grounds for making the external freezing order may be reviewed only by a judicial authority in the issuing state concerned.
|
|
| |
(5) The registrar of the Court shall inform the issuing judicial authority of the outcome of the application.
|
