Variation or discharge of a restraint order
Produced in partnership with Azizur Rahman of Rahman Ravelli
Variation or discharge of a restraint order

The following Corporate Crime practice note Produced in partnership with Azizur Rahman of Rahman Ravelli provides comprehensive and up to date legal information covering:

  • Variation or discharge of a restraint order
  • Application to discharge a restraint order
  • Mandatory discharge for delay in the investigation
  • Application to vary a restraint order
  • Variation for living expenses
  • Variation for business expenses
  • Application procedure
  • Appealing a decision to refuse to discharge or vary a restraint order
  • Application for compensation following discharge of restraint order

Application to discharge a restraint order

Any person affected by a restraint order, as well as the person who applied for it, may apply for its discharge. This includes defendants, associated and third parties, and receivers.

The suspect or defendant may, for example, seek to discharge the order where:

  1. there is insufficient evidence to connect the suspect with the offence

  2. there is no property held by the suspect or defendant

  3. there is no risk of disposal of assets

An application to discharge the restraint order can be made by the applicant in the circumstances that no reasonable belief exists that the suspect has benefited from criminal conduct.

An application may also be made on procedural grounds, eg where the applicant, in an ex parte process, has failed to discharge their duty of full and frank disclosure (or duty of candour). When making the application for a restraint order, the applicant must be astute to wear their ‘defence hat’ when making such applications as if the defence were present. See further, Practice Note: Restraint orders—Applying for a restraint order under CrimPR. Material nondisclosure by the applicant may lead to the restraint order being discharged.

The application to discharge a restraint order can be made without notice.

A discharge of the restraint order is mandatory where:

  1. the proceedings have been ‘concluded’—either concluded to the defendant’s satisfaction (with an

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