SCHEDULES

SCHEDULE 4 Forfeiture Orders

Part III Northern Ireland

Restraint orders

33

1

The High Court may make a restraint order under this paragraph where—

a

proceedings have been instituted in Northern Ireland for F1a 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.

F22

The High Court may also make a restraint order under this paragraph where—

a

a criminal investigation has been started in Northern Ireland with regard to F1a 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 F3any 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

For the purposes of this paragraph a reference to dealing with property includes a reference to removing the property from Northern Ireland.

F46

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.