SCHEDULES

SCHEDULE 2Terrorist property: amendments

PART 2Restraint orders

4

1

Part 3 of Schedule 4 to the Terrorism Act 2000 (forfeiture orders under section 23 of that Act: Northern Ireland) is amended as follows.

2

In paragraph 33 (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 Northern Ireland 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 33(3) for “the proceedings” substitute “ any proceedings ”.

4

In paragraph 33 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 34(3) substitute—

3

A restraint order made under paragraph 33(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 33(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 38(4), in the definition of “prosecutor”, for “the proposed proceedings” substitute “ any proceedings for an offence under any of sections 15 to 18 ”.

7

In paragraph 39(1) (compensation where restraint order discharged) for “paragraph 34(3)(a)” substitute “ paragraph 34(4)(a) ”.