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Kanunları ve Tercümeleri
22 - Giving effect to the order
(1) The nominated court is to give effect to the overseas freezing order by issuing a warrant
authorising a constable—
(a) to enter the premises to which the overseas freezing order relates and search the
premises to the extent reasonably required for the purpose of discovering any evidence to which
the order relates, and
(b) to seize and retain any evidence for which he is authorised to search.
(2) But, in relation to England and Wales and Northern Ireland, so far as the overseas freezing
order relates to excluded material or special procedure material the court is to give effect to the
order by making a production order.
(3) A production order is an order for the person who appears to the court to be in possession
of the material to produce it to a constable before the end of the period of seven days beginning
with the date of the production order or such longer period as the production order may specify.
(4) The constable may take away any material produced to him under a production order; and
the material is to be treated for the purposes of section 21 of the Police and Criminal Evidence
Act 1984 (c. 60) or (as the case may be) Article 23 of the Police and Criminal Evidence (Northern
Ireland) Order 1989 (S.I. 1989/ 1341 (N.I.12)) (access and copying) as if it had been seized by the
constable.
(5) If a person fails to comply with a production order, the court may (whether or not it deals
with the matter as a contempt of court) issue a warrant under subsection (1) in respect of the
material to which the production order relates.
(6) Section 409 of the Proceeds of Crime Act 2002 (c. 29) (jurisdiction of sheriff) has effect for
the purposes of subsection (1) as if that subsection were included in Chapter 3 of Part 8 of that
Act.
23- Postponed effect
The nominated court may postpone giving effect to an overseas freezing order in respect of
any evidence—
(a) in order to avoid prejudicing a criminal investigation which is taking place in the
United Kingdom, or
(b) if, under an order made by a court in criminal proceedings in the United Kingdom,
the evidence may not be removed from the United Kingdom.