SCHEDULES
SCHEDULE 4 Forfeiture Orders
Part II Scotland
Restraint orders
18
1
The Court of Session, on an application made by the Lord Advocate, may make a restraint order under this paragraph where—
a
proceedings have been instituted in Scotland for F4a relevant offence,
b
the proceedings have not been concluded, and
c
a forfeiture order has been made, or it appears to the court that a forfeiture order may be made, in the proceedings for the offence.
F12
The Court of Session may also make a restraint order on such an application where—
a
a criminal investigation has been instituted in Scotland with regard to F4a relevant offence, and
b
it appears to the Court of Session that a forfeiture order may be made in any proceedings for the offence.
3
A restraint order prohibits a person to whom notice of it is given, subject to any conditions and exceptions specified in the order, from dealing with property in respect of which a forfeiture order has been or could be made in F2any proceedings referred to in sub-paragraph (1) or (2).
4
An application for a restraint order may be made ex parte in chambers.
5
For the purposes of this paragraph, dealing with property includes removing the property from Great Britain.
F36
In this paragraph “ criminal investigation ” means an investigation which police officers or other persons have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence.