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(4) Nothing in this paragraph shall be taken to prejudice any power of the High Court to deal with the contravention of a restraint order as a contempt of court.
38.—(1) The prosecutor shall be treated for the purposes of section 66 of the 1970 c. 18 (N.I.).Land Registration Act (Northern Ireland) 1970 (cautions) as a person interested in respect of any registered land to which a restraint order or an application for such an order relates.
(2) On the application of the prosecutor, the Registrar of Titles shall, in respect of any registered land to which a restraint order or an application for such an order relates, make an entry inhibiting any dealing with the land without the consent of the High Court.
(3) Subsections (2) and (4) of section 67 of the Land Registration Act (Northern Ireland) 1970 (inhibitions) shall apply to an entry made on the application of the prosecutor under sub-paragraph (2) as they apply to an entry made on the application of any person interested in the registered land under subsection (1) of that section.
(4) In this paragraph—
- “registered land” has the meaning assigned to it by section 45(1)(a) of the 1954 c. 33 (N.I.).Interpretation Act (Northern Ireland) 1954,
- “Registrar of Titles” and “entry” have the same meanings as in the Land Registration Act (Northern Ireland) 1970, and
- “prosecutor” in a case where a restraint order is made under paragraph 33(2) or an application for such an order is made, means the person who the High Court is satisfied has or will have the conduct of the proposed proceedings.
Compensation
39.—(1) This paragraph applies where a restraint order is discharged under paragraph 34(3)(a).
(2) This paragraph also apples where a forfeiture order or a restraint order is made in or in relation to proceedings for an offence under any of sections 15 to 18 which—
- (a) do not result in conviction for an offence under any of those sections,
- (b) result in conviction for an offence under any of those sections in respect of which the person convicted is subsequently pardoned by Her Majesty, or
- (c) result in a conviction for an offence under any of those sections which is subsequently quashed.
(3) A person who had an interest in any property which was subject to the order may apply to the High Court for compensation.
(4) The High Court may order compensation to be paid to the applicant if satisfied—
- (a) that there was a serious default on the part of a person concerned in the investigation or prosecution of the offence,
- (b) that the person in default was or was acting as a member of the Royal Ulster Constabulary, or was a member of the Office of the Director of Public Prosecutions for Northern Ireland,
- (c) that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and
- (d) that, having regard to all the circumstances, it is appropriate to order compensation to be paid.
