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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 February 2016 - onwards
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48. Subsequent treatment of frozen property.

(1) A request to transfer evidence subject to a freezing co-operation order to the issuing state shall be treated as a request for assistance in obtaining evidential material under section 75.

(2) A request to make a confiscation co-operation order in relation to property subject to such an order shall be dealt with in accordance with this Part.

(3) Notwithstanding subsection (1), where -

(a) a request from a member state concerns an offence to which Article 3(2) of the 2003 Framework Decision applies, and

(b) the offence is punishable in the issuing state by a term of imprisonment of not less than 3 years,

the High Court may not refuse a request for evidence to be transferred to that state on the ground that the conduct constituting the offence is not an offence under the law of the State.

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