5(1)The High Court may make a restraint order under this paragraph where—U.K.
(a)proceedings have been instituted in England and Wales for [F1a relevant offence],
(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.
[F2(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 [F1a relevant offence],
(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 [F3any 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.
[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. 5(1)(a)(2)(a) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(5) (with s. 101(2)); S.I. 2009/1256, art. 2(c)
F2Sch. 4 Pt. 1 para. 5(2) substituted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 2(2); S.I. 2001/4019, art. 2(1)(c)
F3Words in Sch. 4 Pt. 1 para. 5(3) substituted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 2(3); S.I. 2001/4019, art. 2(1)(c)
F4Sch. 4 Pt. 1 para. 5(6) inserted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para 2(4); S.I. 2001/4019, art. 2(1)(c)