105.These paragraphs correspond to paragraphs 3–6 of Schedule 4 to the PTA and have the same effect. The purpose of restraint orders is to prevent someone accused of a Part III offence from selling his property in order to avoid forfeiture. They can therefore be made at an early stage in the case: even (under sub-paragraph (2) of paragraph 5) before proceedings have been formally instituted. Although the restraint order is formally made by the High Court, the prosecution can apply without notice (that is, ex parte) to a judge in chambers (sub-paragraph (4)). This is because in some cases it is important to act as quickly as possible.
106.Paragraph 8 provides for restraint orders to be treated in the same manner as certain civil actions under the Land Charges Act 1972 (c. 61) and the Land Registration Act 1925 (c. 21) and enables the orders to be registered, so restricting dealing in the restrained property.
Schedule 4: Forfeiture Orders Paragraphs 5–8: Restraint orders