770
Uluslararası Adli İşbirliği
24- Evidence seized under the order
(1) Any evidence seized by or produced to the constable under section 22 is to be retained
by him until he is given a notice under subsection (2) or authorised to release it under section 25.
(2) If—
(a) the overseas freezing order was accompanied by a request for the evidence to be
sent to a court or authority mentioned in section 13(2), or
(b) the territorial authority subsequently receives such a request, the territorial autho-
rity may by notice require the constable to send the evidence to the court or authority that made
the request.
25- Release of evidence held under the order
(1) On an application made by a person mentioned below, the nominated court may authori-
se 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 andWales 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 no-
tice authorising him to release the evidence.
General
26- Powers under warrants
(1) A court in England and Wales or Northern Ireland, or a justice of the peace, may not issue
a warrant under section 17 or 22 in respect of any evidence unless the court or justice has reaso-
nable grounds for believing that it does not consist of or include items subject to legal privilege,
excluded material or special procedure material.