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Confiscation of Criminal Assets Act 2003
44Revocation or variation of restraining orders if security or
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44 Revocation or variation of restraining orders if security or
undertakings given
(1) The owner of restrained property may apply to the court that made
the restraining order for the restraining order to be revoked or varied,
by order, under this section.
(2) The court must not make an order revoking the restraining order
unless the DPP has told the court that the owner has given—
(a) security satisfactory to the DPP to the value estimated by the
DPP of any order that may be sought under this Act in relation
to the offence in relation to which the order was made (and any
related offence); or
(b) an undertaking satisfactory to the DPP about the restrained
(3) However, if the owner can only give security or an undertaking that
partly satisfies the DPP, the court may, by order, vary the restraining
order to exclude particular property in relation to which the DPP has
told the court that satisfactory security or a satisfactory undertaking
has been given.
(4) Also, if the DPP has told the court that the restraining order applies
to property that has evidentiary value in a criminal proceeding, the
court must not revoke the restraining order without the DPP’s
agreement but may, by order, vary the restraining order to exclude
any part of the property that the DPP has told the court does not have
evidentiary value.
(5) If the DPP proposes to oppose an application by a person under this
section for the revocation of a restraining order, the DPP must give
the applicant, and anyone else to whom notice of the application was
given, written notice of the grounds on which the application will be
opposed.
(6) The court may order that the revocation or variation of a restraining
order under this section takes effect at a stated time or on the
happening of a stated event.