SCHEDULES

SCHEDULE 4U.K. Forfeiture Orders

Part IU.K. England and Wales

Restraint ordersU.K.

5(1)The High Court may make a restraint order under this paragraph where—

(a)proceedings have been instituted in England and Wales for an offence under any of sections 15 to 18,

(b)the proceedings have not been concluded,

(c)an application for a restraint order is made to the High Court by the prosecutor, and

(d)a forfeiture order has been made, or it appears to the High Court that a forfeiture order may be made, in the proceedings for the offence.

[F1(2)The High Court may also make a restraint order under this paragraph where—

(a)a criminal investigation has been started in England and Wales 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)A restraint order prohibits a person to whom notice of it is given, subject to any conditions and exceptions specified in the order, from dealing with property in respect of which a forfeiture order has been or could be made in [F2any proceedings] referred to in sub-paragraph (1) or (2).

(4)An application for a restraint order may be made to a judge in chambers without notice.

(5)In this paragraph a reference to dealing with property includes a reference to removing the property from Great Britain.

[F3(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.]

Textual Amendments

6(1)A restraint order shall provide for notice of it to be given to any person affected by the order.

(2)A restraint order may be discharged or varied by the High Court on the application of a person affected by it.

[F4(3)A restraint order made under paragraph 5(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 5(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.]

Textual Amendments

F4Sch. 4 para. 6(3)(4) substituted for Sch. 4 para. 6(3) (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 2(5); S.I. 2001/4019, art. 2(1)(c)

7(1)A constable may seize any property subject to a restraint order for the purpose of preventing it from being removed from Great Britain.U.K.

(2)Property seized under this paragraph shall be dealt with in accordance with the High Court’s directions.

Modifications etc. (not altering text)

C1Sch. 4 para. 7 applied (13.12.2001) by S.I. 2001/3927, art. 12

8(1)The M1Land Charges Act 1972 and the [F5Land Registration Act 2002]—U.K.

(a)shall apply in relation to restraint orders as they apply in relation to orders affecting land made by the court for the purpose of enforcing judgments or recognizances, and [F6, except that no notice may be entered in the register of title under the Land Registration Act 2002 in respect of such orders]

(b)shall apply in relation to applications for restraint orders as they apply in relation to other pending land actions.

(2)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Words in Sch. 4 para. 8(1) substituted (13.10.2003) by 2002 c. 9, s. 133, Sch. 11 para. 38(a) (with s. 129); S.I. 2003/1725, art. 2

Modifications etc. (not altering text)

C2Sch. 4 para. 8 applied (13.12.2001) by S.I. 2001/3927, art. 12

Marginal Citations