Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:7_19
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 7 cl 19
Character Range: 134826–135802

19  Applying for restraining orders

(1) The DPP must not apply for a restraining order under Part 2‑1 of the Proceeds of Crime Act 2002 covering property in respect of an offence if:
 (a) an application has been made under section 43 of the Proceeds of Crime Act 1987 for an order in respect of some or all of the property in respect of the offence; and
 (b) the application under section 43 of that Act is still pending.

(2) The DPP must not apply for a restraining order under section 17 of the Proceeds of Crime Act 2002 covering property in respect of an offence if an application under section 43 of the Proceeds of Crime Act 1987 for an order in respect of some or all of the property in respect of the offence has been refused.

(3) The fact that an application has been made under section 43 of the Proceeds of Crime Act 1987 for an order does not in any other case prevent the DPP applying for a restraining order under Part 2‑1 of the Proceeds of Crime Act 2002.