Page:Organised Crime Act 2015.pdf/63

64 :(b) must make an order discharging a charging order if the amount, payment of which is secured by the charge, is paid into Court.

Extending duration of order

60.—(1) If the Court has made a restraint or charging order, the Public Prosecutor may, before the order expires, apply to the Court to extend its duration.

(2) The Public Prosecutor must serve a copy of the application on any person who, to the knowledge of the Public Prosecutor, will be affected by the order.

(3) The Court may on such application order that the operation of the restraint or charging order be extended for a period not exceeding 3 months.

(4) On making an order of extension, the Court may vary the restraint or charging order in any way it considers fit, including, without limitation, by specifying whether all or part of the property in question is to remain subject to the restraint or charging order during the extended period of operation.

(5) The duration of a restraint or charging order may be extended more than once under this section.

(6) If, before a restraint or charging order would otherwise expire under section 59(1), an application is made to the Court under this section and the application is granted, the restraint or charging order expires on the date specified in the Court's order. Division 3—Confiscation orders Application for confiscation order

61.—(1) The Public Prosecutor may apply to the Court for a confiscation order.

(2) The Court is to make a confiscation order against a subject if it is satisfied on a balance of probabilities that—
 * (a) the subject has carried out organised crime activity within the statutory period; and