# Crime and Policing Act 2026, Paragraph 28: Discharge of restraint order etc: proceedings not started within reasonable time

Extent: E+W

(1) The Proceeds of Crime Act 2002 is amended as follows.
(2) In section 41 (restraint orders)—
(a) in subsection (7A), for “and (7C)” substitute “to (7CA)”;
(b) after subsection (7C) insert—
“(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—
(a) the length of time that has passed since the making of the restraint order;
(b) the reasons given by the prosecutor for proceedings not having started within that time;
(c) the length and complexity of the criminal investigation, both before and after the making of the restraint order;
(d) the extent to which the matters subject to that investigation include matters arising abroad;
(e) the length and complexity of the potential proceedings;
(f) the nature of the restraint order (for example, the extent of the property to which it relates);
(g) the impact of the restraint order on any person affected by the order.”
(3) In section 42 (restraint orders: application, discharge and variation), after subsection (7) insert—
“(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—
(a) the length of time that has passed since the making of the restraint order;
(b) the reasons given by the prosecutor for proceedings not having started within that time;
(c) the length and complexity of the criminal investigation, both before and after the making of the restraint order;
(d) the extent to which the matters subject to that investigation include matters arising abroad;
(e) the length and complexity of the potential proceedings;
(f) the nature of the restraint order (for example, the extent of the property to which it relates);
(g) the impact of the restraint order on any person affected by the order.”

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Source: https://www.legislation.gov.uk/ukpga/2026/20/schedule/21/paragraph/28 (the official version)
Page: https://openlegislation.uk/crime-and-policing-act-2026/schedule-21/paragraph-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.