Section 5: Orders for seizure and restraint of property

5. Orders for seizure and restraint of property (1) Where the Judge in Chambers is satisfied, on an ex parte application made by the Commissioner of Police, that there are reasonable grounds to believe that there is in any building, place or vessel, any property in respect of which an order of forfeiture may be made under section 6, the Judge may issue— (a) a warrant authorising a police officer to search the building, place or vessel for that property and to seize that property if found, and any other property in respect of which that police officer believes, on reasonable grounds, that an order of forfeiture may be made under section 6; (b) a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, that property, other than as may be specified in the order. (2) On an application made under subsection (1), the Judge in Chambers, may, where the circumstances so require— (a) appoint the Official Receiver or any other suitable person to take control of, and manage or otherwise deal with, the whole or a part of the property, in accordance with the directions of the Judge; (b) require any person having possession of the property to give possession thereof to the person appointed under paragraph (a). (3) The power to manage or otherwise deal with property under subsection (2) includes— (a) in the case of perishable or rapidly depreciating property, the power to sell that property; and (b) in the case of dangerous property or property that has little or no value, the power to destroy that property. (4) Before a person appointed under subsection (2) destroys any property referred to in subsection (3) (b), he shall apply to the Judge in Chambers for a destruction order. (5) Before making a destruction order in relation to any property, the Judge in Chambers— (a) shall require notice to be given, in such manner as the Judge in Chambers may direct, to any person who, in the opinion of the Judge in Chambers, appears to have an interest in the property; and (b) may provide that person with a reasonable opportunity to be heard. (6) A Judge in Chambers may order that any property in respect of which an application is made under subsection (4) be destroyed if he is satisfied that the property has little or no financial or other value. C45 – 3 [Issue 1] Convention for the Suppression of the Financing of Terrorism Act (7) A management order under subsection (2) shall cease to have effect when the property which is the subject of the management order is returned to an applicant in accordance with the law or forfeited to the State. (8) The Commissioner of Police may at any time apply to a Judge in Chambers to cancel or vary a warrant or order issued under this section.