The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 2005

Application, discharge and variation of restraint orders

6.—(1) A restraint order—

(a) may be made only on an application by the relevant Director;

(b) may be made on an application to a judge in chambers without giving notice to the other party.

(2) An application to discharge or vary a restraint order or an order under article 5(4) may be made to the Crown Court by—

(a) the relevant Director;

(b) any person affected by the order.

(3) Paragraphs (4) to (6) apply to an application under paragraph (2).

(4) The court—

(a) may discharge the order;

(b) may vary the order.

(5) If the conditions in article 4 were satisfied by virtue of the fact that proceedings were started, the court must discharge the order if—

(a) at the conclusion of the proceedings, no external forfeiture order has been made, or

(b) within a reasonable time an external forfeiture order has not been registered under this Order.

(6) If the conditions in article 4 were satisfied by virtue of the fact that an investigation was started, the court must discharge the order if within a reasonable time proceedings for the offence are not started.