836
Uluslararası Adli İşbirliği
Enforcement of overseas freezing orders
11E (1) Where this paragraph applies the Secretary of State must send a copy of the overseas
freezing order to the High Court and to the Director of Public Prosecutions.
(2) The court is to consider the overseas freezing order on its own initiative within a period
prescribed by rules of court.
(3) Before giving effect to the overseas freezing order, the court must give the Director an
opportunity to be heard.
(4) The court may decide not to give effect to the overseas freezing order only if, in its opinion,
giving effect to it would be incompatible with any of the Convention rights (within the meaning
of the Human Rights Act 1998).
11F The High Court may postpone giving effect to an overseas freezing order in respect of any
property—
(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 property may not be dealt with.
11G (1) Where the High Court decides to give effect to an overseas freezing order, it must—
(a) register the order in that court,
(b) provide for notice of the registration to be given to any person affected by it.
(2) For the purpose of enforcing an overseas freezing order registered in the High Court, the
order is to have effect as if it were an order made by that court.
(3) Paragraph 7 applies to an overseas freezing order registered in the High Court as it applies
to a restraint order under paragraph 5.
(4) The High Court may cancel the registration of the order, or vary the property to which the
order applies, on an application by the Director of Public Prosecutions or any other person affec-
ted by it, if or to the extent that—
(a) the court is of the opinion mentioned in paragraph 11E(4), or
(b) the court is of the opinion that the order has ceased to have effect in the participa-
ting country.