(3C) If— S. 27(3C) inserted by (a) a serious drug offence restraining order is No. 55/2014 made in reliance on the conviction of an s. 27(4). accused of a serious drug offence; and (b) the conviction of the accused of the offence is subsequently set aside— the serious drug offence restraining order ceases to be in force when the appeal period expires unless a new trial has been ordered at the time of the setting aside of the conviction. (4) If, while a restraining order in respect of an S. 27(4) amended by interest in property is in force, a court makes a Nos 87/2004 forfeiture order in respect of the interest or makes s. 14(4), 68/2009 a pecuniary penalty order against the accused or s. 97(Sch. makes an order for restitution or compensation item 23.22(b)), 68/2010 under the Sentencing Act 1991, that court or the s. 45(2). Supreme Court or the County Court may— (a) make an order setting aside the restraining order in respect of the whole or a specified part of the interest; or (b) make such other order or orders as it considers appropriate in relation to the operation of the restraining order. (5) If a restraining order (other than a serious drug S. 27(5) amended by offence restraining order) is made for a purpose Nos 87/2004 referred to in section 15(1) and, while the order is s. 14(5), 55/2014 in force, a court refuses to make an order for that s. 27(5). purpose, that court or the Supreme Court or the County Court may— (a) make an order in relation to the purpose and period for which the restraining order is to remain in force; and (b) make such other order or orders as it considers appropriate in relation to the operation of the restraining order.
S. 27(3C) inserted by No. 55/2014 s. 27(4). (3C) If— (a) a serious drug offence restraining order is made in reliance on the conviction of an accused of a serious drug offence; and (b) the conviction of the accused of the offence is subsequently set aside— the serious drug offence restraining order ceases to be in force when the appeal period expires unless a new trial has been ordered at the time of the setting aside of the conviction. S. 27(4) amended by Nos 87/2004 s. 14(4), 68/2009 s. 97(Sch. item 23.22(b)), 68/2010 s. 45(2). (4) If, while a restraining order in respect of an interest in property is in force, a court makes a forfeiture order in respect of the interest or makes a pecuniary penalty order against the accused or makes an order for restitution or compensation under the Sentencing Act 1991, that court or the Supreme Court or the County Court may— (a) make an order setting aside the restraining order in respect of the whole or a specified part of the interest; or (b) make such other order or orders as it considers appropriate in relation to the operation of the restraining order. S. 27(5) amended by Nos 87/2004 s. 14(5), 55/2014 s. 27(5). (5) If a restraining order (other than a serious drug offence restraining order) is made for a purpose referred to in section 15(1) and, while the order is in force, a court refuses to make an order for that purpose, that court or the Supreme Court or the County Court may— (a) make an order in relation to the purpose and period for which the restraining order is to remain in force; and (b) make such other order or orders as it considers appropriate in relation to the operation of the restraining order.