OpenLegislation

Paragraph 28 Discharge of restraint order etc: proceedings not started within reasonable timeI1I2

England and Wales

(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.”

Annotations

Commencement

I1

Sch. 21 para. 28 not in force at Royal Assent, see s. 255(1)

I2

Sch. 21 para. 28 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)