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Criminal Justice Act 1988

Criminal Justice Act 1988 Sch 5 para 4

Sch 5 para 4

(1) The following paragraphs shall be substituted for subsection (3)(a) and (b) of section 9 (charging orders in respect of land, securities etc.)— (a) may be made only on an application by the prosecutor; (b) may be made on an ex parte application to a judge in chambers; (c) shall provide for notice to be given to persons affected by the order; and (d) may be made subject to such conditions as the court thinks fit and, without prejudice to the generality of this paragraph, such conditions as it thinks fit as to the time when the charge is to become effective (2) The following subsection shall be added at the end of that section— (8) An application for the discharge or variation of a charging order may be made by any person affected by it.

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