2(1)Part 1 of Schedule 4 to the Terrorism Act 2000 (c. 11) (forfeiture orders under section 23 of that Act: England and Wales) is amended as follows.U.K.
(2)In paragraph 5 (restraint orders) for sub-paragraph (2) substitute—
“(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 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 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)In paragraph 5(3) for “the proceedings” substitute “ any proceedings ”.
(4)In paragraph 5 after sub-paragraph (5) insert—
“(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.”
(5)For paragraph 6(3) substitute—
“(3)A restraint order made under paragraph 5(1) shall in particular be discharged on an application under sub-paragraph (2) if the proceedings for the offence have been concluded.
(4)A restraint order made under paragraph 5(2) shall in particular be discharged on an application under sub-paragraph (2)—
(a)if no proceedings in respect of offences under any of sections 15 to 18 are instituted within such time as the High Court considers reasonable, and
(b)if all proceedings in respect of offences under any of sections 15 to 18 have been concluded.”
(6)In paragraph 8(3) for “the proposed proceedings” substitute “ any proceedings for an offence under any of sections 15 to 18 ”.
(7)In paragraph 9(1) (compensation where restraint order discharged) for “paragraph 6(3)(a)” substitute “ paragraph 6(4)(a) ”.
3(1)Part 2 of Schedule 4 to the Terrorism Act 2000 (c. 11) (forfeiture orders under section 23 of that Act: Scotland) is amended as follows.U.K.
(2)In paragraph 18 (restraint orders) for sub-paragraph (2) substitute—
“(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)In paragraph 18(3) for “the proceedings” substitute “ any proceedings ”.
(4)In paragraph 18 after sub-paragraph (5) insert—
“(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.”
(5)For paragraph 19(3) substitute—
“(3)A restraint order made under paragraph 18(1) shall in particular be recalled on an application under sub-paragraph (2) if the proceedings for the offence have been concluded.
(3A)A restraint order made under paragraph 18(2) shall in particular be discharged on an application under sub-paragraph (2)—
(a)if no proceedings in respect of offences under any of sections 15 to 18 are instituted within such time as the Court of Session considers reasonable, and
(b)if all proceedings in respect of offences under any of sections 15 to 18 have been concluded.”
(6)In paragraph 23(1) for “19(3)(a)” substitute “ 19(3A)(a) ”.
4(1)Part 3 of Schedule 4 to the Terrorism Act 2000 (forfeiture orders under section 23 of that Act: Northern Ireland) is amended as follows.U.K.
(2)In paragraph 33 (restraint orders) for sub-paragraph (2) substitute—
“(2)The High Court may also make a restraint order under this paragraph where—
(a)a criminal investigation has been started in Northern Ireland with regard to 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 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)In paragraph 33(3) for “the proceedings” substitute “ any proceedings ”.
(4)In paragraph 33 after sub-paragraph (5) insert—
“(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.”
(5)For paragraph 34(3) substitute—
“(3)A restraint order made under paragraph 33(1) shall in particular be discharged on an application under sub-paragraph (2) if the proceedings for the offence have been concluded.
(4)A restraint order made under paragraph 33(2) shall in particular be discharged on an application under sub-paragraph (2)—
(a)if no proceedings in respect of offences under any of sections 15 to 18 are instituted within such time as the High Court considers reasonable, and
(b)if all proceedings in respect of offences under any of sections 15 to 18 have been concluded.”
(6)In paragraph 38(4), in the definition of “prosecutor”, for “the proposed proceedings” substitute “ any proceedings for an offence under any of sections 15 to 18 ”.
(7)In paragraph 39(1) (compensation where restraint order discharged) for “paragraph 34(3)(a)” substitute “ paragraph 34(4)(a) ”.