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Criminal Justice (Scotland) Act 1987

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Version Superseded: 31/03/1996

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9 Restraint orders.S

(1)A restraint order is an order interdicting—

(a)the person in respect of whom it is made from dealing with his realisable property; or

(b)that person and any person named in the order as appearing to the Court of Session to have received from him an implicative gift from dealing with their own, or the other’s, realisable property,

(whenever that property was acquired and whether it is described in the order or not); but, subject to subsection (5) below, the order may contain conditions and exceptions to which such interdict shall be subject.

(2)A restraint order shall provide for notice to be given to persons affected by the order.

(3)In subsection (1) above, the reference to “dealing with” property shall (without prejudice to the generality of the expression) be construed as including a reference—

(a)to making a payment in reduction of the amount of a debt; and

(b)to removing the property from Great Britain.

(4)If the restraint order is made by virtue of section 8(1)(b) of this Act, references in the foregoing provisions of this section to “realisable property” shall, in relation to any period before warrant to arrest and commit the person in respect of whom it was made is granted, be construed as references to property which would be realisable property had such warrant been granted immediately before the commencement of that period.

(5)Without prejudice to the generality of subsection (1) above, property in so far as it comprises reasonable legal expenses payable in relation to proceedings as regards the offence by virtue of which the restraint order has been made or as regards a confiscation order made on conviction thereof shall be excepted under that subsection from the interdict.

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