In section 121 of the Proceeds of Crime Act 2002 (application, recall and variation), after subsection (8) insert -
"(8A) The duty in subsection (8) to recall a restraint order on the conclusion of proceedings does not apply where -
(a) the proceedings are concluded by reason of -
(i) an accused's conviction for an offence being quashed under section 118(1)(c) of the Procedure Act, or
(ii) the setting aside of the verdict against the accused under section 183(1)(d) of the Procedure Act,
(b) the restraint order is in force at the time when the conviction is quashed or the verdict set aside (as the case may be), and
(c) the High Court of Justiciary has granted authority under section 118(1)(c) or 183(1)(d) of the Procedure Act to bring a new prosecution or the prosecutor has requested that the court grant such authority.
(8B) But the court must recall the restraint order -
(a) if the High Court of Justiciary refuses a request to grant authority under section 118(1)(c) or 183(1)(d) of the
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