Criminal Asset Recovery Order, 2012 · s 49

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49.
Application for restraining order
( 1)
Where there are reasonable grounds to suspect that any property is tainted property in respect of which a confiscation order under section 60 may be made, the Public Prosecutor may apply to the High Court for a restraining order under subsection (3) against that property.
(2)
Where there are reasonable grounds to suspect that a benefit recovery order may be issued under section 75, the Public Prosecutor may apply to the
High Court for a restraining order under subsection (5) against any realisable property held by the person.
(3)
An application for a restraining order may be made ex parte and shall be in writing.
(4)
An application under subsection (1) shall be accompanied by an affidavit stating -
(a) a description of the property in respect of which the restraining order is sought;
(b)
the location of the property, if known;
(cj the grounds for belief that the property is tainted property for which a confiscation order under section 60 is made.
(5)
An application under subsection (2) shall be accompanied by an affidavit stating 581
(a}
a description of the property in respect of which the restraining order is sought;
(bJ the location of the property, if known;
(c) the grounds for the belief that the person who is suspected of having committed a serious offence has derived a benefit directly or indirectly from the commission of the offence; and
(d) where the application seeks a restraining order against the property of a person other than a person who is suspected of having committed a serious offence, the grounds for the belief that the property is of or in the possession or effective control of that person.

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s 49Application for restraining order

( 1)

Where there are reasonable grounds to suspect that any property is tainted property in respect of which a confiscation order under section 60 may be made, the Public Prosecutor may apply to the High Court for a restraining order under subsection (3) against that property.

(2)

Where there are reasonable grounds to suspect that a benefit recovery order may be issued under section 75, the Public Prosecutor may apply to the

High Court for a restraining order under subsection (5) against any realisable property held by the person.

(3)

An application for a restraining order may be made ex parte and shall be in writing.

(4)

An application under subsection (1) shall be accompanied by an affidavit stating -

(a)

a description of the property in respect of which the restraining order is sought;

(b)

the location of the property, if known;

(cj the grounds for belief that the property is tainted property for which a confiscation order under section 60 is made.

(5)

An application under subsection (2) shall be accompanied by an affidavit stating 581

(a}

a description of the property in respect of which the restraining order is sought;

(bJ the location of the property, if known;

(c)

the grounds for the belief that the person who is suspected of having committed a serious offence has derived a benefit directly or indirectly from the commission of the offence; and

(d)

where the application seeks a restraining order against the property of a person other than a person who is suspected of having committed a serious offence, the grounds for the belief that the property is of or in the possession or effective control of that person.