SCHEDULES
SCHEDULE 4 Confiscation Orders: Supplementary Provisions
Cases in which restraint orders and charging orders may be made
4
F21
The powers conferred on the High Court by paragraphs 5(1) and 6(1) below are exercisable where—
a
proceedings have been instituted in Northern Ireland against the defendant for a relevant offence or an application has been made by the prosecution in respect of the defendant under section 48A, 48B or 52B of this Act or paragraph 11 below,
b
the proceedings have not, or the application has not, been concluded, and
c
the court is satisfied that there is reasonable cause to believe—
i
in the case of an application under section 48B of this Act or paragraph 11 below, that the court will be satisfied as mentioned in section 48B(4) of this Act or, as the case may be, paragraph 11(1)(b) below, or
ii
in any other case, that the defendant has benefited from terrorist-related activities.
F22
Those powers are also exercisable where—
a
the High Court is satisfied that, whether by the making of a complaint or otherwise, a person is to be charged with a relevant offence or that an application of a kind mentioned in sub-paragraph (1)(a) above is to be made in respect of the defendant, and
b
it appears to the court that there is reasonable cause to believe—
i
in the case of a proposed application under section 48B of this Act or paragraph 11 below, that the court will be satisfied as mentioned in section 48B(4) of this Act or, as the case may be, paragraph 11(1)(b) below, or
ii
in any other case, that the defendant has benefited from terrorist-related activities.
3
For the purposes of paragraphs 5 and 6 below at any time when those powers are exercisable before proceedings have been instituted—
a
references to the defendant shall be construed as references to the person referred to in sub-paragraph (2)(a) above; and
b
references to realisable property shall be construed as if, immediately before that time, proceedings had been instituted against the person referred to in sub-paragraph (2)(a) above for a relevant offence.
4
Where the High Court has made an order under paragraph 5(1) or 6(1) below by virtue of sub-paragraph (2) above, the court shall discharge the order if proceedings in respect of the offence are not instituted (whether by the making of a complaint or otherwise) within such time as the court considers reasonable.
F35
Where the court has made an order under paragraph 5(1) or 6(1) below in relation to a proposed application, by virtue of sub-paragraph (2) above, the court shall discharge the order if the application is not made within such time as the court considers reasonable.
F36
The court shall not exercise powers under paragraph 5(1) or 6(1) below, by virtue of sub-paragraph (1) above, if it is satisfied that—
a
there has been undue delay in continuing the proceedings or application in question; or
b
the prosecution does not intend to proceed.