Criminal Justice Act 1994 & Proceeds of Crime Act 1996

• Original version: <a href='/vid/criminal-justice-act-1994-907695922'>Criminal Justice Act 1994 & Proceeds of Crime Act 1996</a>

1. Registration of restraint orders under section 25 of the Criminal Justice Act 1994

Where a person has been sentenced by a court in respect of a drug trafficking offence of which he has been convicted and has benefited from the drug trafficking the Court may on the application of the Director of Public Prosecutions determine the amount to be recovered and may make a confiscation order requiring the person concerned to pay that amount.

The confiscation order may be enforced as if it was an order of the High Court and the High Court may prohibit any person from dealing with any realisable property by means of a restraint order.

Where a restraint order is made the Registrar of the High Court will furnish the Property Registration Authority with notice of the order pursuant to section 25 of that Act and thereupon an entry is to be made in the register under the Registration of Title Act 1964 inhibiting, until such time as the order is discharged, any dealing with any registered land or charge which appears to be affected by the order (as in the case of bankruptcy under section 103 of the Registration of Title Act 1964). (Section 103(4) as amended by the Land and Conveyancing Law Reform Act 2009 by the deletion of “or in the case of settled land, as assignees of the registered owner”). Where the order is varied or discharged, the Registrar of the High Court will furnish the Authority with notice to that effect and then the entry of notice of the restraint order is to be cancelled.

2. Registration of interim orders and interlocutory orders under the Proceeds of Crime Act, 1996

Section 10(1) of the Proceeds of Crime Act 1996 provides that where an interim order under section 2 or an interlocutory order under section 3 of the above Act is made, the Registrar of the High Court...