27Restraining orders—time for making certain applications

27 Restraining orders—time for making certain applications (1) This section does not apply to an application for— (a) an artistic profits restraining order; or (b) an unclaimed tainted property restraining order; or (c) an unexplained wealth restraining order.

(2) An application for a restraining order in relation to an ordinary offence must be made before the end of the longer of the following periods: (a) if an indictment has been presented against the offender for the offence, and the offender has not been convicted or cleared of the offence—2 years after the day the indictment was presented; (b) if the offender has been convicted of the offence (and not cleared)—2 years after the day of the conviction; (c) in any case—6 years after the day the offence was committed (or is alleged to have been committed). Note 2 Indictment is defined in the Legislation Act, dict, pt 1 as including an Note 3 The court may allow leave for an application to be made after a time fixed by this section in certain circumstances (see s 49 and s 246). (3) An application for a restraining order in relation to a serious offence must be made before the end of the longer of the following periods: (a) if an indictment has been presented against the offender for the offence, and the offender has not been convicted or cleared of the offence—2 years after the day the indictment was presented; (b) if the offender has been convicted of the offence—2 years after the day of the conviction; (c) in any case—6 years after the day the offence was committed (or is alleged to have been committed). by this section in certain circumstances (see s 49 and s 246).