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Serious Crime Act 2015

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Changes over time for: Paragraph 43

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43(1)Section 121 of that Act (application, recall and variation) is amended as follows.U.K.

(2)In subsection (5), for “(9)” substitute “ (10) ”.

(3)For subsection (9) substitute—

(9)In the case of a restraint order, if the condition in section 119 which was satisfied was that an investigation was instituted—

(a)the court must discharge the order if within a reasonable time proceedings for the offence are not instituted;

(b)otherwise, the court must recall the order on the conclusion of the proceedings.

(10)In the case of a restraint order, if the condition in section 119 which was satisfied was that an application was to be made—

(a)the court must discharge the order if within a reasonable time the application is not made;

(b)otherwise, the court must recall the order on the conclusion of the application.

Commencement Information

I1Sch. 4 para. 43 in force at 1.3.2016 by S.S.I. 2016/11, reg. 2(j)

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