Anti-terrorism, Crime and Security Act 2001

2 (1) Part 1 of Schedule 4 to the Terrorism Act 2000 (c. 11) (forfeiture orders under section 23 of that Act: England and Wales) is amended as follows. U.K.

(2) In paragraph 5 (restraint orders) for sub-paragraph (2) substitute—

“(2) 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 an offence under any of sections 15 to 18,

(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) In paragraph 5(3) for “the proceedings” substitute “ any proceedings ”.

(4) In paragraph 5 after sub-paragraph (5) insert—

“(6) 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.”

(5) For paragraph 6(3) substitute—

“(3) A restraint order made under paragraph 5(1) shall in particular be discharged on an application under sub-paragraph (2) if the proceedings for the offence have been concluded.

(4) A restraint order made under paragraph 5(2) shall in particular be discharged on an application under sub-paragraph (2)—

(a) if no proceedings in respect of offences under any of sections 15 to 18 are instituted within such time as the High Court considers reasonable, and

(b) if all proceedings in respect of offences under any of sections 15 to 18 have been concluded.”

(6) In paragraph 8(3) for “the proposed proceedings” substitute “ any proceedings for an offence under any of sections 15 to 18 ”.

(7) In paragraph 9(1) (compensation where restraint order discharged) for “paragraph 6(3)(a)” substitute “ paragraph 6(4)(a) ”.