Section 12: Judge’s further powers

12. Judge’s further powers (1) Where a Restraining Order has been made, a Judge may make— (a) an order revoking the Restraining Order or varying the property to which it relates; (b) an order varying any condition to which the Order is subject; (c) an order directing any person who holds or has dealt with the property to give to the Enforcement Authority or to a Trustee, a sworn statement setting out such particulars of the property or dealings with the property, as the Judge thinks fit; (d) where the Restraining Order directed a Trustee to take custody of property, an order— (i) regulating the manner in which the Trustee may exercise his powers or perform his duties; (ii) determining any question relating to the property; or A23A – 9 [Issue 5] Asset Recovery Act (iii) directing the owner of the property or any other person to do any act necessary or convenient to enable the Trustee to take custody of the property in accordance with the Restraining Order; or (e) subject to subsection (2), an order to provide for meeting out of the property— (i) reasonable living expenses of a person having an interest in the property; (ii) any such person’s reasonable expenses in defending a criminal charge or any proceedings under this Act; and (iii) the Trustee’s remuneration and expenses. (2) A Judge shall not make an order under subsection (1) (e) (i) or (ii) unless he is satisfied that the person cannot meet the expenses out of property that is not subject of the Restraining Order and he determines that it is in the interests of justice to do so. (3) An application for an order under subsection (1) (a) or (b) may be made by any person affected by the Restraining Order.