Criminal Asset Recovery Order, 2012 · As enacted · Part IV · Restraining Orders, Confiscation Orders, Benefit Recovery Orders, Non-Conviction Based Forfeiture Orders and Unexplained Wealth Declarations
Official textFrom Attorney General's Chambers, unchanged
( 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.
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.
An application for a restraining order may be made ex parte and shall be in writing.
An application under subsection (1) shall be accompanied by an affidavit stating -
a description of the property in respect of which the restraining order is sought;
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.
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;
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
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.
Part VIII