Prevention of Terrorism (Temporary Provisions) Act 1989

13 (1) The Court of Session may in accordance with this paragraph by an order (referred to in this Part of this Schedule as a “restraint order”) prohibit any person specified in the order, subject to such conditions and exceptions as may be so specified, from dealing with any property liable to forfeiture, that is to say, any property in respect of which a forfeiture order has been made or in respect of which such an order could be made in the proceedings referred to in sub-paragraph (2) or (3) below.

(2) A restraint order may be made in respect of a person where—

(a) proceedings have been instituted against him in Scotland for an offence under Part III of this Act;

(b) the proceedings have not been concluded; and

(c) either a forfeiture order has been made or it appears to the court that there are reasonable grounds for thinking that a forfeiture order may be made in those proceedings.

(3) A restraint order may also be made where—

(a) the court is satisfied that a procurator fiscal proposes to apply for a warrant to arrest and commit a person suspected of an offence under Part III of this Act or to charge such a person with such an offence and that in either case the suspicion is reasonable; and

(b) it appears to the court that a forfeiture order may be made in proceedings for the offence.

(4) Where the court has made an order under this paragraph by virtue of sub-paragraph (3) above the court may discharge the order if proceedings in respect of the offence are not instituted within such time as the court considers reasonable.

(5) For the purposes of this paragraph, dealing with property includes, without prejudice to the generality of that expression—

(a) where a debt is owed to the person concerned, making a payment to any person in reduction of the amount of the debt; and

(b) removing the property from the jurisdiction of the Court of Session.

(6) In exercising the powers conferred by this paragraph the court shall not take account of any obligations of any person having an interest in the property subject to the restraint order which might frustrate the making of a forfeiture order.

(7) For the purposes of this paragraph proceedings for an offence are instituted—

(a) when warrant to arrest a person suspected of or charged with such an offence is granted;

(b) when a person is charged with the offence after being taken into custody without a warrant;

(c) when a person is charged with the offence without being arrested,

and where the application of this sub-paragraph would result in there being more than one time for the institution of proceedings they shall be taken to be instituted at the earliest of those times.

(8) For the purposes of this paragraph and paragraph 14 below proceedings are concluded—

(a) when a forfeiture order has been made in those proceedings and effect has been given to it in respect of all the money or other property to which it applies; or

(b) when (disregarding any power of a court to extend the period within which an appeal may be made) there is no further possibility of a forfeiture order being made in the proceedings.