18(1)The Court of Session, on an application made by the Lord Advocate, may make a restraint order under this paragraph where—U.K.
(a)proceedings have been instituted in Scotland for [F1a relevant offence],
(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.
[F2(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 [F1a relevant offence], 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 [F3any 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.
[F4(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
F1Words in Sch. 4 para. 18(1)(a) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(13) (with s. 101(2)); S.I. 2009/1256, art. 2(c)
F2Sch. 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)
F3Words 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)
F4Sch. 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)