Criminal Asset Recovery Order, 2012 · As enacted · Part III · Cross Border Movements of Physical Currency and Bearer Negotiable Instruments
43. Detention of seized cash
Official textFrom Attorney General's Chambers, unchanged
While the authorised officer continues to have reasonable grounds for his suspicion or for the purposes of investigation, cash seized under section 42
may be detained for a period of 72 hours.
The period for which the cash or any part of it may be detained may be extended by an order made by the High Court, but the order may not authorise the detention of any of the cash -
{a)
beyond the end of the period of 3 months beginning with the date of the order; or
in the case of any further order under this section, beyond the end of the period of 2 years beginning with the date of the first order.
An application for an order under subsection (2) may be made by the authorised officer, and the High Court may make the order if satisfied, in relation to any cash that is further detained, that either of the following conditions is nret-
577
there are reasonable grounds for suspecting that the cash is tainted property and that either-
its continued detention is justified while its source, ownership, use or destination is further investigated or consideration is given to bringing proceedings against any person for an offence with which the cash is connected; or
proceedings against any person for an offence with which the cash is connected have been started and have not been concluded;
(b}
there are reasonable grounds for suspecting that the cash is intended to be used in unlawful activity and that either
its continued detention is justified while its intended use is further investigated or consideration is given to bringing proceedings against any person for an offence with which the cash is connected; or
proceedings against any person for an offence with which cash is connected have been started and have not been concluded.
An application for an order under subsection (2) may also be made in respect of any cash seized under section 42, and the High Court may make the order if satisfied that -
(a}
the condition under subsection (3) is met in respect of part of the cash; and
(b} it is not reasonably practicable to detain only that part.
Part IV
Restraining Orders, Confiscation Orders, Benefit Recovery Orders, Non-Conviction Based Forfeiture Orders and Unexplained Wealth Declarations
Chapter IV
Chapter LI
Part VI
Part VII
Part VIII