Criminal Asset Recovery Order, 2012 · As enacted
59. When restraining order ceases to be in force
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (2), a restraining order made in reliance on a person's conviction or alleged commission of a serious offence ceases to be in force, in whole or in part -
589
{a}
when the charge against the person is withdrawn or the person is acquitted of the charge and no application under section 83 or 85 has been made against the property subject to the order;
{b)
when the property subject to the order is used to satisfy a benefit recovery order which was made in reliance on the person's conviction of the offence or an order under section 89;
{c}
when the High Court refuses an application for a benefit recovery order in reliance on the person's conviction of the offence; or
{d)
when property subject to the order is confiscated under section 68,
83 or 89.
Notwithstanding subsection (1), a restraining order ceases to be in force at the end of 12 months after the day when the restraining order was made but the High Court may within that period, on application by the Public Prosecutor, order that the restraining order shall continue in force until a specified time or event, if the Court is satisfied that a confiscation order may still made in respect of the property or the property may be required to satisfy a benefit recovery order which has not yet been made.
The Public Prosecutor shall give a person written notice of an application under subsection (2) in relation to a restraining order in respect of property of the person.
Confiscation Orders and Benefit Recovety Orders
Chapter IV
Chapter LI
Part VI
Part VII
Part VIII