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Terrorism Act 2000

Terrorism Act 2000 Sch 4 para 18

Sch 4 para 18

(1) The Court of Session, on an application made by the Lord Advocate, may make a restraint order under this paragraph where— (a) proceedings have been instituted in Scotland for a relevant offence , (b) the proceedings have not been concluded, and (c) a forfeiture order has been made, or it appears to the court that a forfeiture order may be made, in the proceedings for the offence. (2) The Court of Session may also make a restraint order on such an application where— (a) a criminal investigation has been instituted in Scotland with regard to a relevant offence , and (b) it appears to the Court of Session that a forfeiture order may be made in any proceedings for the offence. (3) A restraint order prohibits a person to whom notice of it is given, subject to any conditions and exceptions specified in the order, from dealing with property in respect of which a forfeiture order has been or could be made in any proceedings referred to in sub-paragraph (1) or (2). (4) An application for a restraint order may be made ex parte in chambers. (5) For the purposes of this paragraph, dealing with property includes removing the property from Great Britain. (6) In this paragraph “ criminal investigation ” means an investigation which police officers or other persons have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence.

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