Section 16: Duration of Order

16. Duration of Order (1) Subject to subsection (3), where a Restraining Order was made on the basis that the alleged offender was the subject of a criminal enquiry, a Judge shall, on application made to him pursuant to subsection (2), discharge the A23A – 11 [Issue 5] Asset Recovery Act Order if the alleged offender is not charged with that offence, or an offence arising from the same conduct or course of conduct, within 12 months of the date on which the Order was made. (2) (a) Where subsection (1) applies, the Enforcement Authority shall make the necessary application to a Judge as soon as reasonably practicable. (b) Where no application pursuant to paragraph (a) is made by the Enforcement Authority within 7 days of the expiry of the period referred to in subsection (1), any person affected by the Order may apply under this subsection for the discharge of the Order. (3) Where an Order is likely to be discharged by reason of the operation of subsection (1), a Judge may, on the application of the Enforcement Authority, extend the operation of the Order for a specified period not exceeding 3 years if he is satisfied that it is in the interests of justice to do so. (4) Where a Restraining Order was made on the basis that the alleged offender was the subject of a criminal enquiry and the alleged offender is, within 12 months of the date on which the Order was made, charged with a criminal offence as a result of that enquiry, the Restraining Order shall have effect until the conclusion of the criminal process, including any appeal, in respect of that offence. [S. 16 amended by s. 2 (a) of Act 38 of 2011 w.e.f. 1 February 2012.] Sub-Part B – Confiscation Order