Article 95 Restraint ordersI1

United Kingdom

(1)

If either condition set out in article 94 is satisfied, the High Court may make an order (“a restraint order”) prohibiting any specified person from dealing with relevant property which is identified in the external request and specified in the order.

(2)

A restraint order may be made subject to exceptions, and an exception may in particular—

(a)

make provision for reasonable living expenses and reasonable legal expenses in connection with the proceedings seeking a restraint order or the registration of an external order;

(b)

make provision for the purpose of enabling any person to carry on any trade, business, profession or occupation;

(c)

be made subject to conditions.

(3)

Paragraph (4) applies if—

(a)

a court makes a restraint order, and

(b)

the applicant for the order applies to the court to proceed under paragraph (4) (whether as part of the application for the restraint order or at any time afterwards).

(4)

The court may make such order as it believes is appropriate for the purpose of ensuring that the restraint order is effective.

F1(4A)

Paragraphs (4B) and (4C) apply where the High Court makes a restraint order (by virtue of the first condition in article 94) as a result of a criminal investigation having been started in the country from which the external request was made with regard to an offence.

(4B)

The court—

(a)

must include in the restraint order a requirement for the applicant for the restraint order to report to the court on the progress of the investigation at such times and in such manner as the restraint order may specify (a “reporting requirement”); and

(b)

must discharge the restraint order if proceedings for the offence are not started within a reasonable time (and this duty applies whether or not an application to discharge the restraint order is made under article 96(2)).

(4C)

The duty under paragraph (4B)(a) does not apply if the court decides that, in the circumstances of the case, a reporting requirement should not be imposed, but the court—

(a)

must give reasons for its decision; and

(b)

may at any time vary the restraint order so as to include a reporting requirement (and this power applies whether or not an application to vary the restraint order is made under article 96(2)).

(5)

A restraint order does not affect property for the time being subject to a charge under any of these provisions—

(a)

section 9 of the Drug Trafficking Offences Act 1986^f1;

(b)

section 78 of the Criminal Justice Act 1988^f2;

(c)

Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990^f3;

(d)

section 27 of the Drug Trafficking Act 1994^f4;

(e)

Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996^f5.

(6)

Dealing with property includes removing it from Northern Ireland.

Annotations

Textual amendments

F1: Art. 95(4A)-(4C) inserted (11.8.2016) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2016 (S.I. 2016/662), arts. 1, 22

Commencement

I1: Art. 95 in force at 1.1.2006, see art. 1

Footnotes

f1: 1986 c. 32.
f2: 1988 c. 33.
f3: S.I. 1990/2588 (N.I. 17).
f4: 1994 c. 37.
f5: S.I. 1996/1299 (N.I. 9).