Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-1 - RESTRAINING ORDERS  

Division 6 - Duration of restraining orders  

SECTION 45A   Cessation of restraining orders relating to unexplained wealth  

Restraining orders made before application for unexplained wealth order

45A(1)  


A *restraining order made under section 20A ceases to be in force if:


(a) no application for an *unexplained wealth order had been made in relation to the *suspect to whom the restraining order relates before the restraining order was made; and


(b) no such application has been made in relation to the suspect within 28 days after the restraining order was made.

45A(2)  
A *restraining order made under section 20A ceases to be in force if:


(a) an application for an *unexplained wealth order is made in relation to the *suspect to whom the restraining order relates; and


(b) the application is made within 28 days after the making of the restraining order; and


(c) the court refuses to make either:


(i) a *preliminary unexplained wealth order in connection with the application for the unexplained wealth order; or

(ii) the unexplained wealth order itself; and


(d) one of the following applies:


(i) the time for an appeal against the refusal has expired without an appeal being lodged;

(ii) an appeal against the refusal has lapsed;

(iii) an appeal against the refusal has been dismissed and finally disposed of.

45A(3)  
A *restraining order made under section 20A ceases to be in force if:


(a) an application for an *unexplained wealth order is made in relation to the *suspect to whom the restraining order relates; and


(b) the application is made within 28 days after the making of the restraining order; and


(c) the court makes the unexplained wealth order; and


(d) either:


(i) the unexplained wealth order is complied with; or

(ii) an appeal against the unexplained wealth order has been upheld and finally disposed of.
Restraining orders made after application for unexplained wealth order

45A(3A)  


A *restraining order made under section 20A ceases to be in force if:


(a) the restraining order was made at the same time as or after an application for an *unexplained wealth order is made in relation to the *suspect to whom the restraining order relates; and


(b) the court refuses to make either:


(i) a *preliminary unexplained wealth order in connection with the application for the unexplained wealth order; or

(ii) the unexplained wealth order itself; and


(c) one of the following applies:


(i) the time for an appeal against the refusal has expired without an appeal being lodged;

(ii) an appeal against the refusal has lapsed;

(iii) an appeal against the refusal has been dismissed and finally disposed of.

45A(3B)  


A *restraining order made under section 20A ceases to be in force if:


(a) the restraining order was made at the same time as or after an application for an *unexplained wealth order is made in relation to the *suspect to whom the restraining order relates; and


(b) the court makes the unexplained wealth order (whether before or after the restraining order was made or applied for); and


(c) either:


(i) the unexplained wealth order is complied with; or

(ii) an appeal against the unexplained wealth order has been upheld and finally disposed of.
Court may make costs order if restraining order ceases

45A(4)  


If a *restraining order ceases under subsection (1), (2) or (3A), the court may, on application by a person with an *interest in the property covered by the restraining order, make any order as to costs it considers appropriate, including costs on an indemnity basis.

 

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