Paragraph 26 Restraint orders: effect of convictionI1

After section 191 of the Proceeds of Crime Act 2002 insert—

“Restraint orders: effect of conviction

191A

(1)

In making or varying a restraint order at any time after the defendant’s conviction for an offence, the High Court must have regard, in particular, to—

(a)

the fact of the defendant’s conviction, and

(b)

whether either or both of the following has or have been, or is or are likely to be, made against the defendant—

(i)

an order for the payment of compensation under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15));

(ii)

a slavery and trafficking reparation order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.

(2)

Subsections (3) and (4) apply where—

(a)

the High Court makes a restraint order at a time when the defendant has not been convicted of an offence, and

(b)

the defendant is subsequently convicted of an offence at a time when the order remains in force.

(3)

If the restraint order is subject to an exception made under section 190(3), the High Court must review the appropriateness of the exception having regard, in particular, to the matters mentioned in subsection (1).

(4)

Following that review the court may vary the restraint order, whether or not an application has been made under section 191(3).”