{
  "url": "https://openlegislation.uk/crime-and-policing-act-2026/schedule-21/paragraph-28",
  "json_url": "https://openlegislation.uk/crime-and-policing-act-2026/schedule-21/paragraph-28.json",
  "legislation": "ukpga/2026/20",
  "legislation_title": "Crime and Policing Act 2026",
  "legislation_url": "https://openlegislation.uk/crime-and-policing-act-2026",
  "path": "schedule/21/paragraph/28",
  "kind": "paragraph",
  "number": "28",
  "heading": "Discharge of restraint order etc: proceedings not started within reasonable time",
  "text": "(1) The Proceeds of Crime Act 2002 is amended as follows.\n(2) In section 41 (restraint orders)—\n(a) in subsection (7A), for “and (7C)” substitute “to (7CA)”;\n(b) after subsection (7C) insert—\n“(7CA) In determining for the purposes of subsection (7B)(b) whether proceedings for the offence have not started within a reasonable time, the court must, in particular, have regard to the following—\n(a) the length of time that has passed since the making of the restraint order;\n(b) the reasons given by the prosecutor for proceedings not having started within that time;\n(c) the length and complexity of the criminal investigation, both before and after the making of the restraint order;\n(d) the extent to which the matters subject to that investigation include matters arising abroad;\n(e) the length and complexity of the potential proceedings;\n(f) the nature of the restraint order (for example, the extent of the property to which it relates);\n(g) the impact of the restraint order on any person affected by the order.”\n(3) In section 42 (restraint orders: application, discharge and variation), after subsection (7) insert—\n“(7A) In determining for the purposes of subsection (7)(a) whether proceedings for the offence have not started within a reasonable time, the court must, in particular, have regard to the following—\n(a) the length of time that has passed since the making of the restraint order;\n(b) the reasons given by the prosecutor for proceedings not having started within that time;\n(c) the length and complexity of the criminal investigation, both before and after the making of the restraint order;\n(d) the extent to which the matters subject to that investigation include matters arising abroad;\n(e) the length and complexity of the potential proceedings;\n(f) the nature of the restraint order (for example, the extent of the property to which it relates);\n(g) the impact of the restraint order on any person affected by the order.”",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 21 para. 28 not in force at Royal Assent, see s. 255(1)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 21 para. 28 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2026/20/schedule/21/paragraph/28",
    "retrieved_at": "2026-11-07T03:35:03.708512+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."
}