40 Conditions for exercise of powers
Proceeds of Crime Act 2002 (2002 c 29) | Legislation

Restraint orders

40  Conditions for exercise of powers

(1)     The Crown Court may exercise the powers conferred by section 41 if any of the following conditions is satisfied.

(2)     The first condition is that—

(a)     a criminal investigation has been started in England and Wales with regard to an offence, and

(b)     there [are reasonable grounds to suspect] that the alleged offender has benefited from his criminal conduct.

(3)     The second condition is that—

(a)     proceedings for an offence have been started in England and Wales and not concluded, and

(b)     there is reasonable cause to believe that the defendant has

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