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SCHEDULES

SCHEDULE 4U.K. Forfeiture Orders

Part IU.K. England and Wales

Restraint ordersU.K.

5(1)The High Court may make a restraint order under this paragraph where—

(a)proceedings have been instituted in England and Wales for an offence under any of sections 15 to 18,

(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.

(2)The High Court may also make a restraint order under this paragraph where—

(a)it is satisfied that a person is to be charged in England and Wales with an offence under any of sections 15 to 18,

(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 the proposed proceedings for the offence, and

(c)it appears to the High Court that a forfeiture order may be made in those proceedings.

(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 the 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.