27Duration and setting aside of restraining order

27 Duration and setting aside of restraining order S. 27(1) amended by Nos 87/2004 s. 14(1)(a)(b), 68/2009 s. 97(Sch. item 23.22 (a)(b)), 55/2014 s. 27(1). (1) If, at the end of the period of 48 hours after the making of a restraining order (other than a serious drug offence restraining order) in reliance on the proposed charging of an accused with a Schedule 1 offence or a Schedule 2 offence, the accused has not been charged with the offence or a related offence that is a Schedule 1 offence or a Schedule 2 offence, whether or not in the same Schedule as the original offence, the order ceases to be in force at the end of that period. S. 27(2) amended by No. 43/1998 s. 14(1), substituted by No. 87/2004 s. 14(2), repealed by No. 68/2010 s. 45(1), new s. 27(2) inserted by No. 55/2014 s. 27(2). (a) a serious drug offence restraining order is made in reliance on the proposed charging of an accused with a serious drug offence; and (b) at the end of the period of 48 hours after the making of the serious drug offence restraining order, the accused has not been charged with the offence or a related offence that is a serious drug offence— the serious drug offence restraining order ceases to be in force at the end of that period. S. 27(3) amended by Nos 87/2004 s. 14(3)(a), 68/2009 s. 97(Sch. item 23.22(a)), 55/2014 s. 27(3). (3) If, when a restraining order (other than a serious drug offence restraining order) was made in reliance on the charging, or proposed charging, of an accused with a Schedule 1 offence or a Schedule 2 offence or in reliance on the conviction of an accused of such an offence— S. 27(3)(a) amended by Nos 87/2004 s. 14(3)(a), 68/2009 s. 97(Sch. item 23.22(b)). (a) the charge is withdrawn and the accused is not charged with a related offence that is a Schedule 1 offence or a Schedule 2 offence by the time of the withdrawal, whether or not in the same Schedule as the original offence, the restraining order ceases to be in force on the expiry of 7 days after the charge is withdrawn; or S. 27(3)(b) amended by Nos 87/2004 s. 14(3)(a)(b), 68/2009 s. 97(Sch. item 23.22(b)). (b) the accused is acquitted of the charge and the accused is not charged with a related offence that is a Schedule 1 offence or a Schedule 2 offence by the time of the acquittal, whether or not in the same Schedule as the original offence, the restraining order ceases to be in force when the acquittal occurs; or S. 27(3)(ba) inserted by No. 43/1998 s. 14(2)(a), repealed by No. 87/2004 s. 14(3)(c). S. 27(3)(c) amended by Nos 43/1998 s. 14(2)(b), 68/2009 s. 97(Sch. item 23.22 (b)(c)). (c) the conviction of the accused of the offence is subsequently set aside, the restraining order (other than one referred to in subsection (2)) ceases to be in force when the appeal period expires unless a new trial has been ordered at the time of the setting aside of the conviction. S. 27(3A) inserted by No. 55/2014 s. 27(4), amended by No. 44/2022 s. 59. (3A) If— (a) a serious drug offence restraining order is made in reliance on the charging, or proposed charging, of an accused with a serious drug offence; and (b) the charge is withdrawn and the accused is not charged with a related offence that is a serious drug offence by the time of the withdrawal— the serious drug offence restraining order ceases to be in force on the expiry of 14 business days after the charge is withdrawn. S. 27(3B) inserted by No. 55/2014 s. 27(4). (3B) If— (a) a serious drug offence restraining order is made in reliance on the charging, or proposed charging, of an accused with a serious drug offence; and (b) the accused is acquitted of the charge and the accused is not charged with a related offence that is a serious drug offence by the time of the acquittal— the serious drug offence restraining order ceases to be in force when the acquittal occurs. S. 27(3C) inserted by No. 55/2014 s. 27(4). (3C) If— (a) a serious drug offence restraining order is made in reliance on the conviction of an accused of a serious drug offence; and (b) the conviction of the accused of the offence is subsequently set aside— the serious drug offence restraining order ceases to be in force when the appeal period expires unless a new trial has been ordered at the time of the setting aside of the conviction. S. 27(4) amended by Nos 87/2004 s. 14(4), 68/2009 s. 97(Sch. item 23.22(b)), 68/2010 s. 45(2). (4) If, while a restraining order in respect of an interest in property is in force, a court makes a forfeiture order in respect of the interest or makes a pecuniary penalty order against the accused or makes an order for restitution or compensation under the **Sentencing Act 1991**, that court or the Supreme Court or the County Court may— (a) make an order setting aside the restraining order in respect of the whole or a specified part of the interest; or (b) make such other order or orders as it considers appropriate in relation to the operation of the restraining order. S. 27(5) amended by Nos 87/2004 s. 14(5), 55/2014 s. 27(5). (5) If a restraining order (other than a serious drug offence restraining order) is made for a purpose referred to in section 15(1) and, while the order is in force, a court refuses to make an order for that purpose, that court or the Supreme Court or the County Court may— (a) make an order in relation to the purpose and period for which the restraining order is to remain in force; and (b) make such other order or orders as it considers appropriate in relation to the operation of the restraining order. S. 27(6) amended by Nos 87/2004 s. 14(6)(a), 55/2014 s. 27(5). (6) A court may make an order setting aside a restraining order (other than a serious drug offence restraining order) on the application of a person if the person— S. 27(6)(a) amended by No. 87/2004 s. 14(6)(a). (a) gives security satisfactory to the court for the payment of any pecuniary penalty that may be imposed on the person under Part 8; or S. 27(6)(b) amended by No. 87/2004 s. 14(6)(b). (b) gives undertakings satisfactory to the court concerning the person's property. (7) An order under subsection (4), (5) or (6) may be made so as— (a) to set aside the restraining order wholly or in part; and (b) to take effect— (i) on the making of the first-mentioned order; or (ii) at a specified time; or S. 27(7)(b)(iii) amended by Nos 43/1998 s. 36(a), 42/2007 s. 18(Sch. item 7). (iii) if relevant, on the payment of money or the transfer of any interest in property to the Minister; or (iv) on the happening of some other specified event— and, when the first-mentioned order takes effect, the restraining order ceases to be in force to the extent to which it is set aside. (8) An order under subsection (4), (5) or (6) may be made on the application of— S. 27(8)(b) amended by No. 68/2009 s. 97(Sch. item 23.22(b)). (b) the accused; or (c) any person to whose property the restraining order relates or who has an interest in that property; or (d) a trustee—if the restraining order directed the trustee to take control of property; or S. 27(9) inserted by No. 68/2010 s. 15. (9) A court that makes a restraining order may make an order setting aside the restraining order if the restraining order is no longer required or appropriate. S. 27(10) inserted by No. 68/2010 s. 15. (10) An order under subsection (9) may be made on the application of the applicant for the restraining order. S. 27(11) inserted by No. 44/2022 s. 50. (11) An applicant for an order under subsection (9) setting aside a restraining order is not required to give notice of the application to any person who has an interest in the property. S. 27A inserted by No. 44/2022 s. 51.