C1C2C3C5C4Part 4Confiscation: Northern Ireland
Pt. 4 applied by S.I. 1989/1341 (N.I. 12), arts. 57(5B), 59(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Supreme Court s. 458(1), Sch. 11 para. 19(2)(3); S.I. 2003/333, art. 2, Sch.)
Pt. 4: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)
Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 11(5)
Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 6(5)
Restraint orders
I1C2189C1C2 Conditions for exercise of powers
1
The High Court may exercise the powers conferred by section 190 if any of the following conditions is satisfied.
2
The first condition is that—
a
a criminal investigation has been started in Northern Ireland with regard to an offence, and
b
there F5are reasonable grounds to suspect that the alleged offender has benefited from his criminal conduct.
3
The second condition is that—
a
proceedings for an offence have been started in Northern Ireland and not concluded,
b
there is reasonable cause to believe that the defendant has benefited from his criminal conduct.
4
The third condition is that—
a
an application by the prosecutor F1... has been made under section 169, 170, 177 or 178 and not concluded, or the court believes that such an application is to be made, and
b
there is reasonable cause to believe that the defendant has benefited from his criminal conduct.
5
The fourth condition is that—
a
an application by the prosecutor F2... has been made under section 171 and not concluded, or the court believes that such an application is to be made, and
b
there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the defendant’s benefit exceeds the relevant amount (as defined in that section).
6
The fifth condition is that—
a
an application by the prosecutor F3... has been made under section 172 and not concluded, or the court believes that such an application is to be made, and
b
there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the available amount exceeds the relevant amount (as defined in that section).
7
The second condition is not satisfied if the court believes that—
a
there has been undue delay in continuing the proceedings, or
b
the prosecutor does not intend to proceed.
8
If an application mentioned in the third, fourth or fifth condition has been made the condition is not satisfied if the court believes that—
a
there has been undue delay in continuing the application, or
b
the prosecutor F4... does not intend to proceed.
9
If the first condition is satisfied—
a
references in this Part to the defendant are to the alleged offender;
b
references in this Part to the prosecutor are to the person the court believes is to have conduct of any proceedings for the offence;
c
section 225(9) has effect as if proceedings for the offence had been started against the defendant when the investigation was started.
Pt. 4 functions of receiver extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)