Crime (International Co-operation) Act 2003

Section 28(7)

[F1 SCHEDULE 1B S Certificate under section 11(4) or 20(5): specified information

Extent Information

E1 This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F1 Sch. 1B inserted (S.) (16.5.2022) by The Crime (International Co-operation) Act 2003 (Freezing Order) (EU Exit) (Scotland) Regulations 2022 (S.S.I. 2022/95), regs. 1, 4

1. (1) Details of either or both of the following, including name, contact details (address, e-mail address and telephone number) and any relevant reference number— S

(a) the judicial authority which issued the freezing order,

(b) the authority competent for the enforcement of the freezing order in the issuing State.

(2) In the case of any authority specified under sub-paragraph (1)—

(a) languages in which it is possible to communicate with that authority,

(b) contact details of the person to contact if additional information on the execution of the freezing order is necessary or to make necessary practical arrangements for the transfer of evidence (if applicable).

(3) If different authorities are specified under paragraphs (a) and (b) of sub-paragraph (1) confirmation—

(a) that both authorities must be contacted, or

(b) of which authority should be contacted.

2. S Where an authority has been made responsible for the transmission and administrative reception of freezing orders (“central authority”) in the issuing State, details of the central authority, including name, contact details (address, e-mail address and telephone number) and any relevant reference number.

3. S The date, purpose and reference number of the freezing order.

4. S The formalities and procedures to be observed when executing a freezing order concerning evidence (if applicable).

5. S The following information regarding the evidence in the executing State covered by the freezing order—

(a) precise description of the evidence,

(b) exact location of the evidence (or, if not known, the last known location),

(c) party having custody of the evidence or known beneficial owner of the evidence, if different from the person suspected of the offence or convicted (if applicable under the national law of the issuing State).

6. S The following information regarding the identity of the natural or legal person suspected of the offence or convicted (if applicable under the national law of the issuing State) or the person to whom the freezing order relates (if available)—

(a) in the case of natural persons—

(i) surname,

(ii) forename,

(iii) other relevant name where applicable,

(iv) aliases, where applicable,

(v) sex,

(vi) nationality,

(vii) date of birth,

(viii) place of birth,

(ix) residence or known address/ last known address,

(x) language which the person understands (if known),

(b) in the case of legal persons—

(i) name,

(ii) form of legal person,

(iii) registration number (if any),

(iv) registered seat (if any).

7. S The action to be taken by the executing State after executing the freezing order.

8. (1) A description of the relevant grounds for the freezing order and a summary of facts as known to the judicial authority issuing the freezing order and certificate. S

(2) Information as to the nature and legal classification of the offence and the applicable statutory provision or code on the basis of which the freezing order was made.

(3) If the offence is a listed offence by virtue of section 28(5)(a), an indication as to which one or more of the offences listed in schedule 1A that offence relates to.

(4) A full description of any offence (not covered by sub-paragraph (3)) that is a listed offence by virtue of section 28(5)(b).

9. S Details of legal remedies against the freezing order for interested parties, including third parties, available in the issuing State, including—

(a) description of the legal remedies available including necessary steps to take,

(b) court before which the action may be taken,

(c) information as to those for whom the action is available,

(d) time limit for submission of the action,

(e) details of authority in the issuing State who can supply further information on procedures for submitting appeals in the issuing State and on whether the legal assistance and translation is available, including name, address, e-mail address and telephone number.]