Part 2Confiscation: England and Wales

Restraint orders

F142ARestraint orders: effect of conviction

(1)

In making or varying a restraint order at any time after the defendant’s conviction for an offence, the Crown Court must have regard, in particular, to—

(a)

the fact of the defendant’s conviction, and

(b)

whether any of the following has been, or is likely to be, made against the defendant—

(i)

a compensation order under Chapter 2 of Part 7 of the Sentencing Code;

(ii)

an order requiring payment of a surcharge under section 42 of that Code;

(iii)

an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013;

(iv)

a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.

(2)

Subsections (3) and (4) apply where—

(a)

the Crown Court makes a restraint order at a time when the defendant has not been convicted of an offence, and

(b)

the defendant is subsequently convicted of an offence at a time when the order remains in force.

(3)

If the restraint order is subject to an exception made under section 41(3), the Crown Court must review the appropriateness of the exception having regard, in particular, to the matters mentioned in subsection (1).

(4)

Following that review the court may vary the restraint order, whether or not an application has been made under section 42(3).