The Criminal Justice (European Investigation Order) Regulations 2017

Postponement of recognition or execution

29.—(1) An authority to which this regulation applies may postpone recognition or execution of a European investigation order for as long as grounds for postponement apply.

(2) The grounds are—

(a) that executing the European investigation order might prejudice a criminal investigation or criminal proceedings taking place in the United Kingdom;

(b) that objects, documents or data to which the European investigation order relates are already being used in a criminal investigation or criminal proceedings taking place in the United Kingdom.

(3) Where an authority decides to postpone recognition or execution of the European investigation order under this regulation it must, without delay, notify the issuing authority and provide—

(a) the reasons for the postponement, and

(b) where possible, the expected duration of the postponement.

(4) As soon as possible after the grounds for postponement cease to apply, the authority which decided to postpone recognition or execution must—

(a) notify the issuing authority, and

(b) proceed to take a decision on the recognition and execution of the order or, as the case may be, proceed to execute the order.

(5) The authorities to which this regulation apply are—

(a) a central authority,

(b) an executing authority to whom a referral has been made under regulation 51 (referral to executing authority for assistance in execution of a European investigation order).