Northern Ireland (Emergency Provisions) Act 1991 (repealed 25.8.1996)

Cases in which restraint orders and charging orders may be made N.I.

4 (1) The powers conferred on the High Court by paragraphs 5(1) and 6(1) below are exercisable where—

(a) proceedings have been instituted in Northern Ireland against the defendant for a relevant offence;

(b) the proceedings have not been concluded; and

(c) the court is satisfied that there is reasonable cause to believe that the defendant has benefited from terrorist-related activities.

(2) Those powers are also exercisable where—

(a) the High Court is satisfied that, whether by the making of a complaint or otherwise, a person is to be charged with a relevant offence; and

(b) it appears to the court that there is reasonable cause to believe that he has benefited from terrorist-related activities.

(3) For the purposes of paragraphs 5 and 6 below at any time when those powers are exercisable before proceedings have been instituted—

(a) references to the defendant shall be construed as references to the person referred to in sub-paragraph (2)(a) above; and

(b) references to realisable property shall be construed as if, immediately before that time, proceedings had been instituted against the person referred to in sub-paragraph (2)(a) above for a relevant offence.

(4) Where the High Court has made an order under paragraph 5(1) or 6(1) below by virtue of sub-paragraph (2) above, the court shall discharge the order if proceedings in respect of the offence are not instituted (whether by the making of a complaint or otherwise) within such time as the court considers reasonable.

Modifications etc. (not altering text)

C1 Sch. 4 para. 4 continued (15.6.1992) to 15.6.1993 by S.I. 1992/1413, art.3

Sch. 4 para. 4 continued (16.6.1993) to 16.6.1994 by S.I. 1993/1522, art.3.

Commencement Information

I1 Part VII (ss. 47-56) wholly in force at 1.6.1992; the temporary provisions of the Act (Parts I to VIII with exceptions) expire with 16.6.1994 unless continued in force by order see s. 69(1)-(3) and S.I. 1992/1181, art. 2