Section 49
of Criminal Asset Recovery Order, 2012
Section 49
(1)
Where there are reasonable grounds to suspect that any property is tainted property in respect of which a confiscation order under section 60 may be made, the Public
Prosecutor may apply to the High Court for a restraining order under subsection (3) against that property.
(2)
Where there are reasonable grounds to suspect that a benefit recovery order may be issued under section 75, the Public Prosecutor may apply to the High Court for a restraining order under subsection (5) against any realisable property held by the person.
(3)
An application for a restraining order may be made ex parte and shall be in writing.
(4)
An application under subsection (1) shall be accompanied by an affidavit stating –
(a)
a description of the property in respect of which the restraining order is sought;
(b)
the location of the property, if known;
Incorporating amendments until S 22/2017
(Cleancopy) NHN/Amiriah/Bb/Karimah as of 26.12.2019
*Note: amendment on page 7,75,81,123 on 11.01.2020
57
BLUV as at 11th March 2017
(c)
the grounds for belief that the property is tainted property for which a confiscation order under section 60 is made.
(5)
An application under subsection (2) shall be accompanied by an affidavit stating –
(a)
a description of the property in respect of which the restraining order is sought;
(b)
the location of the property, if known;
(c)
the grounds for the belief that the person who is suspected of having committed a serious offence has derived a benefit directly or indirectly from the commission of the offence; and
(d)
where the application seeks a restraining order against the property of a person other than a person who is suspected of having committed a serious offence, the grounds for the belief that the property is of or in the possession or effective control of that person.
Restraining orders.