Excluding property from restraining orders
40AD Excluding property from restraining orders
If:
a court makes a restraining order under Part 2‑1 of the Proceeds of Crime Act 2002 against property in respect of the Tribunal offence; and
a person having an interest in the property applies to the court under Division 3 of Part 2‑1 of that Act for an order varying the restraining order to exclude the person’s interest from the restraining order;
the court must grant the application if the court is satisfied that:
in a case where the applicant is not the defendant:
the applicant was not, in any way, involved in the commission of the Tribunal offence; and
if the applicant acquired the interest at the time of or after the commission, or alleged commission, of the Tribunal offence—the property was not proceeds of the Tribunal offence; or
in any case—it is in the public interest to do so having regard to any financial hardship or other consequence of the interest remaining subject to the order.
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