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Confiscation of Criminal Assets Act 2003
27Restraining orders—time for making certain applications
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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).