# The Anti-terrorism (Financial and Other Measures) (Overseas Territories) Order 2002, Paragraph 5: Restraint orders


(1) The Supreme Court may make a restraint order under this paragraph where—
(a) proceedings have been instituted for an offence under any of articles 6 to 9,
(b) the proceedings have not been concluded,
(c) an application for a restraint order is made to the Supreme Court by the prosecutor, and
(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.
(2) The Supreme Court may also make a restraint order under this paragraph where—
(a) a criminal investigation has been started with regard to an offence under any of articles 6 to 9,
(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
(c) it appears to the Supreme Court that a forfeiture order may be made in any proceedings for the offence.
(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).
(4) An application for a restraint order may be made ex parte to a judge in Chambers.
(5) In this paragraph a reference to dealing with property includes a reference to removing the property from the Territory.
(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.

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Source: https://www.legislation.gov.uk/uksi/2002/1822/schedule/2/paragraph/5 (the official version)
Page: https://openlegislation.uk/anti-terrorism-financial-and-other-measures-overseas-territories-order-2002/schedule-2/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.