Part 4

Confiscation: Northern Ireland

Restraint orders

Conditions for exercise of powers
189
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 are 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 ... 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 ... 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 ... 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 ... 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.
S. 189 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 8(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
Words in s. 189(2)(b) substituted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 33(1), 88(3)(a); S.R. 2015/190, reg. 3(1)(g)
Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 9(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
Words in s. 189(8)(b) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 55(5), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
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 (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 42(4) (with s. 97); S.I. 2023/1272, reg. 2(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. 6(5)
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)
Words in s. 189(5)(a) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 55(3), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
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 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)
Words in s. 189(6)(a) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 55(4), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
Words in s. 189(4)(a) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 55(2), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)