SCHEDULES
SCHEDULE 4 Forfeiture Orders
Part I England and Wales
Restraint orders
5
1
The High Court may make a restraint order under this paragraph where—
a
proceedings have been instituted in England and Wales for F4a relevant offence,
b
the proceedings have not been concluded,
c
an application for a restraint order is made to the High Court by the prosecutor, and
d
a forfeiture order has been made, or it appears to the High Court that a forfeiture order may be made, in the proceedings for the offence.
F12
The High Court may also make a restraint order under this paragraph where—
a
a criminal investigation has been started in England and Wales with regard to F4a relevant offence,
b
an application for a restraint order is made to the High Court by the person who the High Court is satisfied will have the conduct of any proceedings for the offence, and
c
it appears to the High Court 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 to a judge in chambers without notice.
5
In this paragraph a reference to dealing with property includes a reference to 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.