Who makes a restraint order?
The law that applies here depends on when the alleged crime was committed. If it was on or before 23 March 2003, then (depending on the type of crime the case is concerned with) either the Drug Trafficking Act 1994 or the Criminal Justice Act 1988 apply. In either case, a high court judge must make the order. If the alleged crime took place on or after 24 March 2003, then the Proceeds of Crime Act 2002 applies and it is a crown court judge who must make the order. Hearings on restraint orders always take place in private.
