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Crime (International Co-operation) Act 2003
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Crime (International Co-operation) Act 2003, Section 21 is up to date with all changes known to be in force on or before 10 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 21:
- s. 4A 4B inserted by 2003 c. 44 Sch. 36 para. 16
- Sch. 3 para. 3(da)(db) inserted by 2024 c. 10 Sch. 3 para. 3(2)
- Sch. 3 para. 4A inserted by 2024 c. 10 Sch. 3 para. 3(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4A 4B inserted by 2003 c. 44 Sch. 36 para. 16
- Sch. 3 para. 3(da)(db) inserted by 2024 c. 10 Sch. 3 para. 3(2)
- Sch. 3 para. 4A inserted by 2024 c. 10 Sch. 3 para. 3(3)
21Considering the orderU.K.
This section has no associated Explanatory Notes
(1)In relation to England and Wales and Northern Ireland, where this section applies the Secretary of State must—
(a)by a notice nominate a court in England and Wales or (as the case may be) Northern Ireland to give effect to the overseas freezing order,
(b)send a copy of the overseas freezing order to the nominated court and to the chief officer of police for the area in which the evidence is situated,
(c)tell the chief officer which court has been nominated.
(2)In relation to Scotland, where this section applies the Lord Advocate must—
(a)by a notice nominate a sheriff to give effect to the overseas freezing order,
(b)send a copy of the overseas freezing order to the sheriff and to the procurator fiscal.
In relation to Scotland, references below in this section and in sections 22 to 25 to the nominated court are to be read as references to the nominated sheriff.
(3)The nominated court is to consider the overseas freezing order on its own initiative within a period prescribed by rules of court.
(4)Before giving effect to the overseas freezing order, the nominated court must give the chief officer of police or (as the case may be) the procurator fiscal an opportunity to be heard.
(5)The court may decide not to give effect to the overseas freezing order only if, in its opinion, one of the following conditions is met.
(6)The first condition is that, if the person whose conduct is in question were charged in the participating country with the offence to which the overseas freezing order relates or in the United Kingdom with a corresponding offence, he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction.
(7)The second condition is that giving effect to the overseas freezing order would be incompatible with any of the Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)).
Commencement Information
I1S. 21 in force at 19.10.2009 by S.I. 2009/2605, art. 2(b)
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