C1C2C3Part 4Confiscation: Northern Ireland
Pt. 4 applied by S.I. 1989/1341 (N.I. 12), arts. 57(5B), 59(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Supreme Court s. 458(1), Sch. 11 para. 19(2)(3); S.I. 2003/333, art. 2, Sch.)
Pt. 4: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)
Restraint orders
I1C2191C1C2 Application, discharge and variation
1
A restraint order—
a
may be made only on an application by an applicant falling within subsection (2);
b
may be made on an ex parte application to a judge in chambers.
2
These applicants fall within this subsection—
a
the prosecutor;
F1b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
an accredited financial investigator.
3
An application to discharge or vary a restraint order or an order under section 190(7) may be made to the High Court by—
a
the person who applied for the order;
b
any person affected by the order.
4
Subsections (5) to (7) apply to an application under subsection (3).
5
The court—
a
may discharge the order;
b
may vary the order.
6
If the condition in section 189 which was satisfied was that proceedings were started or an application was made, the court must discharge the order on the conclusion of the proceedings or of the application (as the case may be).
7
If the condition in section 189 which was satisfied was that an investigation was started or an application was to be made, the court must discharge the order if within a reasonable time proceedings for the offence are not started or the application is not made (as the case may be).
Pt. 4 functions of receiver extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)