Part 1Mutual assistance in criminal matters

Chapter 2Mutual provision of evidence

Overseas freezing orders

I125Release of evidence held under the order

1

On an application made by a person mentioned below, the nominated court may authorise the release of any evidence retained by a constable under section 24 if, in its opinion—

a

the condition in section 21(6) or (7) is met, or

b

the overseas freezing order has ceased to have effect in the participating country.

2

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

a

the chief officer of police to whom a copy of the order was sent,

b

the constable,

c

any other person affected by the order.

3

In relation to Scotland, the persons are—

a

the procurator fiscal to whom a copy of the order was sent,

b

any other person affected by the order.

4

If the territorial authority decides not to give a notice under section 24(2) in respect of any evidence retained by a constable under that section, the authority must give the constable a notice authorising him to release the evidence.