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Section 10: Grant of Restraining Order

Asset Recovery Act · PART III: CONVICTION-BASED ASSET RECOVERY

consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

10. Grant of Restraining Order (1) Where the Enforcement Authority applies to a Judge for a Restraining Order, and the Judge is satisfied, having regard to any relevant evidence, that there is reasonable ground to believe that— (a) the alleged offender is the subject of a criminal enquiry or has been charged with or convicted of an offence; and (b) the property the subject of the application is proceeds or an instrumentality or terrorist property, or the alleged offender derived a benefit from the commission of an offence and has an interest in that property, the Judge may order that— (i) the property shall not be disposed of, or otherwise dealt with, by any person, except in such manner and in such circumstances as are specified in the Order; (ii) the property, or such part of the property as is specified in the Order, shall be seized, taken into possession, delivered up for safekeeping or otherwise secured by a named law enforcement agent; or (iii) a Trustee shall be appointed to take custody of and manage the property in accordance with any direction from the Judge. (2) Where a Judge makes a Restraining Order, the Enforcement Authority shall, within 21 days of the making of the Order, or such other period as the Judge may direct, give notice of the Order to every person known to the Enforcement Authority to have an interest in the property and to such other person as the Judge may direct.

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