Criminal Asset Recovery Order, 2012 · s 50

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50.
Restraining orders
(1)
Subject to this section, where the Public Prosecutor applies to the High
Court for a restraining order against property under section 49(1) and the High
Court is satisfied that there are reasonable grounds for suspecting that the property is tainted property, the High Court may make an order under subsection (3).
(2)
Where the Public Prosecutor applies to the High Court for a restraining order against property under section 49(2) and the High Court is satisfied on the balance of probabilities that
(a)
there are reasonable grounds for suspecting that the person is suspected of having committed a serious offence has derived a benefit directly or indirectly from the commission of the offence; and
(b)
the property is the realisable property of that person, the High Court may make an order under subsection ( 3).
(3)
Where satisfied under subsection (1) or (2), the High Court may make an order
{a)
prohibiting the defendant or any person from disposing of, or dealing with, the property or such part thereof or interest except in the manner specified in the order; and
{b)
at the request of the Public Prosecutor, where the High Court is satisfied that the circumstq.nces so require that an authorised officer or any other person appointed by the High Court take custody of the property or such part thereof and manage or otherwise deal with all or any part of the property in accordance with the directions of the High Court.
!4)
For the avoidance of doubt, the High Court may make an order under subsection (3) in respect of money or other property located in Brunei Darussalam or elsewhere.
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s 50Restraining orders

(1)

Subject to this section, where the Public Prosecutor applies to the High

Court for a restraining order against property under section 49(1) and the High

Court is satisfied that there are reasonable grounds for suspecting that the property is tainted property, the High Court may make an order under subsection (3).

(2)

Where the Public Prosecutor applies to the High Court for a restraining order against property under section 49(2) and the High Court is satisfied on the balance of probabilities that

(a)

there are reasonable grounds for suspecting that the person is suspected of having committed a serious offence has derived a benefit directly or indirectly from the commission of the offence; and

(b)

the property is the realisable property of that person, the High Court may make an order under subsection ( 3).

(3)

Where satisfied under subsection (1) or (2), the High Court may make an order

{a)

prohibiting the defendant or any person from disposing of, or dealing with, the property or such part thereof or interest except in the manner specified in the order; and

{b)

at the request of the Public Prosecutor, where the High Court is satisfied that the circumstq.nces so require that an authorised officer or any other person appointed by the High Court take custody of the property or such part thereof and manage or otherwise deal with all or any part of the property in accordance with the directions of the High Court.

!4)

For the avoidance of doubt, the High Court may make an order under subsection (3) in respect of money or other property located in Brunei Darussalam or elsewhere.

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