§ 4.—(1) The powers conferred on the High Court by paragraphs 5(1) and 6(1) below are exercisable where—
- (a) proceedings have been instituted in Northern Ireland against the defendant for a relevant offence;
- (b) the proceedings have not been concluded; and
- (c) the court is satisfied that there is reasonable cause to believe that the defendant has benefited from terrorist-related activities.
§ (2) Those powers are also exercisable where—
- (a) the High Court is satisfied that, whether by the making of a complaint or otherwise, a person is to be charged with a relevant offence; and
- (b) it appears to the court that there is reasonable cause to believe that he has benefited from terrorist-related activities.
§ (3) For the purposes of paragraphs 5 and 6 below at any time when those powers are exercisable before proceedings have been instituted—
- (a) references to the defendant shall be construed as references to the person referred to in sub-paragraph (2)(a) above;
- (b) references to the prosecution shall be construed as references to the person who the High Court is satisfied is to have the conduct of the proposed proceedings; and
- (c) references to realisable property shall be construed as if, immediately before that time, proceedings had been instituted against the person referred to in subparagraph (2)(a) above for a relevant offence.
§ (4) Where the High Court has made an order under paragraph 5(1) or 6(1) below by virtue of sub-paragraph (2) above, the court shall discharge the order if proceedings in respect of the offence are not instituted (whether by the making of a complaint or otherwise) within such time as the court considers reasonable.