SCHEDULES
SCHEDULE 4 Confiscation Orders: Supplementary Provisions
Cases in which restraint orders and charging orders may be made
I17C184
1
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;
b
the proceedings have not been concluded; and
c
the court is satisfied that there is reasonable cause to believe that the defendant has benefited from terrorist-related activities.
2
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; and
b
it appears to the court that there is reasonable cause to believe that he 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.