Proceeds of Crime Act 2002
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.
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Hide history note45A(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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