Page:International Criminal Court Act 2001 (UKPGA 2001-17 qp).pdf/65

International Criminal Court Act 2001 (c. 17) Schedule 5—Investigation of proceeds of ICC crime Part 2—Search warrants :(c) that the investigation for the purposes of which the application is made might be seriously prejudiced unless a constable arriving at the premises could secure immediate entry to them.

11 In this Schedule—
 * “constable” includes a person commissioned by the Commissioners of Customs and Excise; and
 * “items subject to legal privilege” and “premises” have the same meaning as in the Police and Criminal Evidence Act 1984 (c. 60) or, in Northern Ireland, the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

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Application for freezing order

1 (1) A freezing order may be made by the High Court on an application in pursuance of a direction given by the Secretary of State under section 38.

(2) Any such application—
 * (a) in England and Wales, may be made without notice and may be granted without a hearing; and
 * (b) in Northern Ireland, may be made on an ex parte application to a judge in chambers.

Grounds for making order

2 The court may make a freezing order if it is satisfied—
 * (a) that a forfeiture order has been made in proceedings before the ICC, or
 * (b) that there are reasonable grounds for believing that a forfeiture order may be made in such proceedings,

and that the property to which the order relates consists of or includes property that is or may be affected by such a forfeiture order.

Effect of order

3 (1) A “freezing order” is an order prohibiting any person from dealing with property specified in the order otherwise than in accordance with such conditions and exceptions as may be specified in the order.

(2) A freezing order shall provide for notice to be given to persons affected by the order.