Proceeds of Crime Act 2002
39Ancillary orders
Start here
Get a plain-English read of 39
Turn the raw legal text into a practical explanation grounded in Proceeds of Crime Act 2002.
39 Ancillary orders
(1) The court that made a *restraining order, or any other court that could have made the restraining order, may make any ancillary orders that the court considers appropriate and, without limiting the generality of this, the court may make any one or more of the following orders: (a) an order varying the property covered by the *restraining order; (b) an order varying a condition to which the restraining order is subject; (c) an order relating to an undertaking required under section 21; (ca) an order directing the *suspect in relation to the restraining order to give a sworn statement to a specified person, within a specified period, setting out all of his or her *interests in property, and his or her liabilities; (d) an order directing the owner or a previous owner of the property (including, if the owner or previous owner is a body corporate, a specified *director of the body corporate) to give a sworn statement to a specified person, within a specified period, setting out particulars of, or dealings with, the property; (da) if the court is satisfied that there are reasonable grounds to suspect that a person (other than the owner or a previous owner) has information relevant to identifying, locating or quantifying the property—an order directing the person to give a sworn statement to a specified person, within a specified period, setting out particulars of, or dealings with, the property; (e) if the *Official Trustee is ordered under section 38 to take custody and control of property: (i) an order regulating the manner in which the Official Trustee may exercise its powers or perform its duties under the restraining order; or (ii) an order determining any question relating to the property, including a question relating to the liabilities of the owner or the exercise of powers or the performance of duties of the Official Trustee; or (iii) an order directing any person to do anything necessary or convenient to enable the Official Trustee to take custody and control of the property; (f) an order giving directions about the operation of the restraining order and any one or more of the following: (i) a *forfeiture order that covers the same property as the restraining order; (ii) a *pecuniary penalty order or a *literary proceeds order that relates to the same offence as the restraining order; (g) an order requiring a person whose property is covered by a restraining order, or who has *effective control of property covered by a restraining order, to do anything necessary or convenient to bring the property within the jurisdiction.
Note 1: If there is a pecuniary penalty order that relates to the same offence as a restraining order, the court may also order the Official Trustee to pay an amount equal to the relevant pecuniary penalty out of property covered by the restraining order: see section 282.