Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-1 - RESTRAINING ORDERS  

Division 4 - Giving effect to restraining orders  

SECTION 33   Notice of a restraining order  

33(1)    

If a court makes a * restraining order covering property that a person owns, the *responsible authority must give written notice of the order to the person.

Note:

A person who was not notified of the application for a restraining order may apply to revoke the restraining order within 28 days of being notified of the order: see section 42 .

33(2)    

The *responsible authority must include a copy of the application and any affidavit supporting the application with the notice (if those documents have not already been given to the person).

33(3)    

However, the court may order that:

(a) all or part of the application or affidavit is not to be given to the person; or

(b) the *responsible authority delay giving the notice (and the documents included with the notice) for a specified period;

if the authority requests the court to do so and the court considers that this is appropriate in order to protect the integrity of any investigation or prosecution.

33(4)    

If the court orders the *responsible authority to delay giving the notice (and the documents included with the notice) for a specified period, the DPP must give the notice as soon as practicable after the end of that period.