- Latest available (Revised)
- Point in Time (01/04/1996)
- Original (As enacted)
Version Superseded: 24/03/2003
Point in time view as at 01/04/1996. There are multiple versions of this provision on screen. These apply to different geographical extents.This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. status_warning_revised_p22i Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. A later version of this provision including subsequent changes and effects supersedes these versions.
Criminal Justice Act 1988, Section 77 is up to date with all changes known to be in force on or before 09 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The High Court may by order (referred to in this Part of this Act as a “restraint order") prohibit any person from dealing with any realisable property, subject to such conditions and exceptions as may be specified in the order.
(2)Without prejudice to the generality of subsection (1) above, a restraint order may make such provision as the court thinks fit for living expenses and legal expenses.
(3)A restraint order may apply—
(a)to all realisable property held by a specified person, whether the property is described in the order or not; and
(b)to realisable property held by a specified person, being property transferred to him after the making of the order.
(4)This section shall not have effect in relation to any property for the time being subject to a charge under section 78 below.
(5)A restraint order—
(a)may be made only on an application by the prosecutor;
(b)may be made on an ex parte application to a judge in chambers; and
(c)shall provide for notice to be given to persons affected by the order.
(6)A restraint order—
(a)may be discharged or varied in relation to any property; and
[F1(b)shall be discharged on the conclusion of the proceedings or application in question.]
(7)An application for the discharge or variation of a restraint order may be made by any person affected by it.
(8)Where the High Court has made a restraint order, the court may at any time appoint a receiver—
(a)to take possession of any realisable property, and
(b)in accordance with the court’s directions, to manage or otherwise deal with any property in respect of which he is appointed,
subject to such exceptions and conditions as may be specified by the court; and may require any person having possession of property in respect of which a receiver is appointed under this section to give possession of it to the receiver.
(9)For the purposes of this section, dealing with property held by any person includes (without prejudice to the generality of the expression)—
(a)where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and
(b)removing the property from Great Britain.
(10)Where [F2a restraint order has been made], a constable may for the purpose of preventing any realisable property being removed from Great Britain, seize the property. [F3In this subsection, the reference to a restraint order includes a reference to a restraint order within the meaning of [F4the Proceeds of Crime (Scotland) Act 1995] and, in relation to such an order, “realisable property" has the same meaning as in that Part]
(11)Property seized under subsection (10) above shall be dealt with in accordance with the [F5directions of the court which made the order].
(12)The M1Land Charges Act 1972 and the M2Land Registration Act 1925 shall apply—
(a)in relation to restraint orders, as they apply in relation to orders affecting land made by the court for the purpose of enforcing judgments or recognisances; and
(b)in relation to applications for restraint orders, as they apply in relation to other pending land actions.
(13)The prosecutor shall be treated for the purposes of section 57 of the Land Registration Act 1925 (inhibitions) as a person interested in relation to any registered land to which a restraint order or an application for such an order relates.
Extent Information
E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1S. 77(6)(b) substituted (1.11.1995) by 1995 c. 11, s. 8(4); S.I. 1995/2650, art. 2
F2Words in s. 77(10) substituted (31.3.1996) by 1995 c. 20, s. 117(1), Sch. 6 Pt. II para. 186(3)(a); S.I. 1996/517, art. 3 (which substitution fell (S.) (1.4.1996) by reason of the repeal (S.) (1.4.1996) of s. 117(1), Sch. 6 Pt. II para. 186(3)(a) by 1995 c. 40, s. 6, Sch. 5)
F3Words in s. 77(10) added (31.3.1996) by 1995 c. 20, s. 117(1), Sch. 6 Pt. II para. 186(3)(a); S.I. 1996/517, art. 3 (which addition fell (S.) (1.4.1996) by reason of the repeal (S.) (1.4.1996) of s. 117(1), Sch. 6 Pt. II para. 186(3)(a) by 1995 c. 40, s. 6, Sch. 5)
F4Words in s. 77(10) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 69(3)
F5Words in s. 77(11) substituted (31.3.1996) by 1995 c. 20, s. 117(1), Sch. 6 Pt. II para. 186(3)(b); S.I. 1996/517, art. 3 (which substitution fell (S.) (1.4.1996) by reason of the repeal (S.) (1.4.1996) of s. 117(1), Sch. 6 Pt. II para. 186(3)(b) by 1995 c. 40, s. 6, Sch. 5)
Marginal Citations
(1)The High Court may by order (referred to in this Part of this Act as a “restraint order") prohibit any person from dealing with any realisable property, subject to such conditions and exceptions as may be specified in the order.
(2)Without prejudice to the generality of subsection (1) above, a restraint order may make such provision as the court thinks fit for living expenses and legal expenses.
(3)A restraint order may apply—
(a)to all realisable property held by a specified person, whether the property is described in the order or not; and
(b)to realisable property held by a specified person, being property transferred to him after the making of the order.
(4)This section shall not have effect in relation to any property for the time being subject to a charge under section 78 below.
(5)A restraint order—
(a)may be made only on an application by the prosecutor;
(b)may be made on an ex parte application to a judge in chambers; and
(c)shall provide for notice to be given to persons affected by the order.
(6)A restraint order—
(a)may be discharged or varied in relation to any property; and
[F6(b)shall be discharged on the conclusion of the proceedings or application in question.]
(7)An application for the discharge or variation of a restraint order may be made by any person affected by it.
(8)Where the High Court has made a restraint order, the court may at any time appoint a receiver—
(a)to take possession of any realisable property, and
(b)in accordance with the court’s directions, to manage or otherwise deal with any property in respect of which he is appointed,
subject to such exceptions and conditions as may be specified by the court; and may require any person having possession of property in respect of which a receiver is appointed under this section to give possession of it to the receiver.
(9)For the purposes of this section, dealing with property held by any person includes (without prejudice to the generality of the expression)—
(a)where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and
(b)removing the property from Great Britain.
(10)Where the High Court has made a restraint order, a constable may for the purpose of preventing any realisable property being removed from Great Britain, seize the property.
(11)Property seized under subsection (10) above shall be dealt with in accordance with the court’s directions.
(12)The M3Land Charges Act 1972 and the M4Land Registration Act 1925 shall apply—
(a)in relation to restraint orders, as they apply in relation to orders affecting land made by the court for the purpose of enforcing judgments or recognisances; and
(b)in relation to applications for restraint orders, as they apply in relation to other pending land actions.
(13)The prosecutor shall be treated for the purposes of section 57 of the Land Registration Act 1925 (inhibitions) as a person interested in relation to any registered land to which a restraint order or an application for such an order relates.
Extent Information
E4This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Textual Amendments
F6S. 77(6)(b) substituted (1.11.1995) by 1995 c. 11, s. 8(4); S.I. 1995/2650, art. 2
Modifications etc. (not altering text)
C3S. 77 extended (S.) (1.4.1996) by 1995 c. 43, ss. 35(2)(4), 44, 50, Sch. 2 para. 2(2)
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: