Page:Organised Crime Act 2015.pdf/62

Rh :(a) the date that is the end of the period of 3 months after the date on which the order is made;
 * (b) the date of the satisfaction of, or the refusal by the Court to make, a confiscation order concerning the same subject and organised crime activity.

(2) Despite subsection (1)—
 * (a) if the Court refuses to make a confiscation order, but the Public Prosecutor indicates that the Public Prosecutor will appeal that decision, a restraint or charging order expires on the date specified in subsection (4);
 * (b) if a restraint or charging order is made on an ex parte application, it has effect until a day fixed for the hearing inter partes of the application, unless the Court otherwise directs; and
 * (c) subject to paragraph (a), if the duration of a restraint or charging order is extended by the Court, the restraint or charging order expires on the date specified by the Court under section 60.

(3) On the expiry of a restraint or charging order, any further order associated with that restraint or charging order also expires.

(4) If subsection (2)(a) applies, a restraint or charging order that is in force when the Court refuses to make a confiscation order does not expire until—
 * (a) the last day of the prescribed period from the date of that decision, if a notice of appeal has not been lodged on or before that day; or
 * (b) if a notice of appeal has been lodged on or before the last day mentioned in paragraph (a), the day that appeal is withdrawn or dismissed or (if the appeal is allowed) such later day as the court hearing the appeal determines.

(5) Despite any provision of this section, the Court—
 * (a) may make an order discharging a restraint or charging order in relation to any property; and