PROCEEDS OF CRIME ACT 1987 - SECT 48A Order for taxation of legal expenses to be met out of restrained property

PROCEEDS OF CRIME ACT 1987 - SECT 48A

  (1)   Where:

  (a)   a court makes a restraining order directing the Official Trustee to take custody and control of property; and

  (b)   the order makes provision for meeting, out of the property or part of it, a person's reasonable expenses in defending a criminal charge;

the Official Trustee may apply to the court for an order under subsection   ( 3).

  (2)   The Official Trustee shall give written notice of an application under subsection   ( 1) to the person.

  (3)   On an application under subsection   ( 1), the court may order that the expenses be taxed as provided in the order or may dismiss the application.

  (4)   Where the Official Trustee makes an application under subsection   ( 1), it need not, except as ordered by the court after the application is made, take any steps for the purpose of meeting the expenses as provided by the restraining order unless and until:

  (a)   an order under subsection   ( 3) in relation to the expenses is complied with; or

  (b)   the application, and any appeal arising out of it, are finally determined, or otherwise disposed of, otherwise than by the making of such an order.