A v Director of Public Prosecution

Practice – Pre-trial or post-judgment relief. The Court of Appeal, Criminal Division, dismissed the defendant's application for leave to appeal against the judge's refusal to cancel the registration in England, under the provisions of the Criminal Justice and Data Protection (Protocol No 36) Regulations 2014, SI 2014/3141, of an order made by a French judge which restrained the disposition of the defendant's assets. Under the Council Framework Decision (JHA) 2003/577 and the Regulations, a challenge to the substantive reasons for the making of an overseas restraint order might be made only in the courts of the issuing state. The courts of the executing state would not, themselves, consider such a challenge. For those reasons, leave would be granted for the decision of the refused application to be citable in court.

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