18(1)The Court of Session, on an application made by the Lord Advocate, may make a restraint order under this paragraph where—
(a)proceedings have been instituted in Scotland for an offence under any of sections 15 to 18,
(b)the proceedings have not been concluded, and
(c)a forfeiture order has been made, or it appears to the court that a forfeiture order may be made, in the proceedings for the offence.
[F1(2)The Court of Session may also make a restraint order on such an application where—
(a)a criminal investigation has been instituted in Scotland with regard to an offence under any of sections 15 to 18, and
(b)it appears to the Court of Session 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 ex parte in chambers.
(5)For the purposes of this paragraph, dealing with property includes 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
F1Sch. 4 Pt. 2 para. 18(2) substituted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 3(2); S.I. 2001/4019, art. 2(1)(c)
F2Words in Sch. 4 Pt. 2 para. 18(3) substituted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 3(3); S.I. 2001/4019, art. 2(1)(c)
F3Sch. 4 Pt. 2 para. 18(6) inserted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 3(4); S.I. 2001/4019, art. 2(1)(c)