{
  "url": "https://openlegislation.uk/anti-terrorism-financial-and-other-measures-overseas-territories-order-2002/schedule-2/paragraph-5",
  "json_url": "https://openlegislation.uk/anti-terrorism-financial-and-other-measures-overseas-territories-order-2002/schedule-2/paragraph-5.json",
  "legislation": "uksi/2002/1822",
  "legislation_title": "The Anti-terrorism (Financial and Other Measures) (Overseas Territories) Order 2002",
  "legislation_url": "https://openlegislation.uk/anti-terrorism-financial-and-other-measures-overseas-territories-order-2002",
  "path": "schedule/2/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Restraint orders",
  "text": "(1) The Supreme Court may make a restraint order under this paragraph where—\n(a) proceedings have been instituted for an offence under any of articles 6 to 9,\n(b) the proceedings have not been concluded,\n(c) an application for a restraint order is made to the Supreme Court by the prosecutor, and\n(d) a forfeiture order has been made, or it appears to the Supreme Court that a forfeiture order may be made, in the proceedings for the offence.\n(2) The Supreme Court may also make a restraint order under this paragraph where—\n(a) a criminal investigation has been started with regard to an offence under any of articles 6 to 9,\n(b) an application for a restraint order is made to the Supreme Court by a person who the Supreme Court is satisfied will have the conduct of any proceedings for the offence, and\n(c) it appears to the Supreme Court that a forfeiture order may be made in any proceedings for the offence.\n(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 any proceedings referred to in sub-paragraph (1) or (2).\n(4) An application for a restraint order may be made ex parte to a judge in Chambers.\n(5) In this paragraph a reference to dealing with property includes a reference to removing the property from the Territory.\n(6) In this paragraph “criminal investigation” means an investigation which police officers or others have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2002/1822/schedule/2/paragraph/5",
    "retrieved_at": "2026-10-29T06:52:46.996914+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}