Section 42A Restraint orders: effect of convictionF1

(1)

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

(a)

the fact of the defendant’s conviction, and

(b)

whether any of the following has been, or is likely to be, made against the defendant—

(i)

a compensation order under Chapter 2 of Part 7 of the Sentencing Code;

(ii)

an order requiring payment of a surcharge under section 42 of that Code;

(iii)

an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013;

(iv)

a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.

(2)

Subsections (3) and (4) apply where—

(a)

the Crown 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 41(3), the Crown 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 42(3).

Annotations

Textual amendments

F1: S. 42A inserted (29.6.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 21 para. 29; S.I. 2026/689, reg. 2(1)(z12)

Notes on Part 2

Modifications

C1: Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)
C2: Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)
C3: Pt. 2: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)
C4: Pt. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 15(5)
C5: Pt. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 10(5)
C6: Pt. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)
C7: Pt. 2 applied (with modifications) (1.6.2015) by The Restraint Orders (Legal Aid Exception and Relevant Legal Aid Payments) Regulations 2015 (S.I. 2015/868), regs. 1, 5 (with reg. 4)
C8: Pt. 2 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 33(5) (with s. 25(9)); S.I. 2020/792, reg. 2(g)
C9: Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 8(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
C10: Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 9(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
C11: Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 42(4) (with s. 97); S.I. 2023/1272, reg. 2(a)