|
|
Postponement of freezing co-operation order.
|
47.— (1) The High Court may postpone the making of a freezing co-operation order—
|
|
| |
(a) where making it might prejudice an ongoing criminal investigation in the State, until such time as the Court deems reasonable,
|
|
| |
(b) where the property or evidence concerned is already subject to a freezing order in criminal proceedings in the State, until that order is discharged, or
|
|
| |
(c) subject to subsection (2), where, in the case of an external freezing order freezing property with a view to its subsequent confiscation, the property is already subject to an order made in other proceedings in the State, until that order is discharged.
|
|
| |
(2) Subsection (1)(c) applies only if the order made in such other proceedings would have priority over a subsequent freezing order in criminal proceedings.
|
|
| |
(3) Where the ground for postponement ceases to exist, the Court shall forthwith make a freezing co-operation order.
|
|
| |
(4) The Court shall direct the Central Authority to inform the issuing judicial authority by any means capable of producing a written record of—
|
|
| |
(a) any postponement under this section of the making of a freezing co-operation order, the reasons for the postponement and its expected duration,
|
|
| |
(b) the making of a freezing co-operation order under subsection (3), and
|
|
| |
(c) any other measure of restraint to which the property concerned may be subject.
|
