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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 31 January 2022 - onwards
Version 3 of 3

46. Refusal to make freezing co-operation order.

(1) Without prejudice to section 3, the High Court may refuse to make a freezing co-operation order only if -

(a) the offence to which the external freezing order relates is not an offence to which the relevant international instrument relates,

(b) where the external freezing order was made in a member state, the certificate is not produced, is incomplete or manifestly does not correspond to the external freezing order,

(c) there is an immunity or privilege under the law of the State which makes it impossible to make a freezing co-operation order,

(d) it is immediately clear from the information provided in a certificate that compliance with a request for the transfer of evidence or confiscation of property in relation to the offence in respect of which the external freezing order has been made would infringe the ne bis in idem principle, or