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Proceeds of Crime Act 2002

Sections 189 to 191: Conditions for exercise of powers; Restraint orders; Application, discharge and variation

256.Sections 189 to 191 essentially reflect the provisions made in this Act at sections 40 to 41 for England and Wales. The significant difference is that in Northern Ireland restraint orders will remain within the jurisdiction of the High Court. However the point at which a restraint order may be made is brought forward in the Act to any time after an investigation has been started (at present, although both orders may be made at the investigative stage, it is only possible to do so where charges are in the offing). The only other differences arise from references to Northern Ireland legislation. Section 190 explains the nature and effect of a restraint order. Section 191 lays down who may apply for a restraint order under the Act, and sets out criteria like those in the existing legislation for the variation or discharge of such orders. The Act provides that application may be made by the prosecutor, the Director and by an accredited financial investigator.

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