Section 93
of Criminal Asset Recovery Order, 2012
Section 93
(1)
Where a foreign country requests the Attorney General to obtain the issue of a restraining order against property some or all which is believed to be located in Brunei
Darussalam and –
(a)
criminal investigations have begun in the foreign country in respect of a serious offence;
(b)
the person against whom the order is sought has been convicted; or
(c)
there are reasonable grounds to believe that the property is located in
Brunei Darussalam, then the Attorney General may apply to the High Court for a restraining order under subsection (2).
(2)
Where the Attorney General makes application to the High Court under subsection (1), the Court may make a restraining order in respect of the property and Chapter
I of this Part shall apply in relation to the application and to any restraining order made as a result, as if the serious offence the subject of the order had been committed in Brunei
Darussalam with the following modifications –
(a)
a reference in this Chapter to a serious offence were a reference to the foreign serious offence;
(b)
a reference in this Chapter to a person charged or about to be charged with a serious offence were a reference to a person against whom a criminal proceeding in respect of a foreign serious offence has commenced, or is reasonably believed to be about to commence, in a foreign country;
(c)
there were substituted for the words of section 50(2)(a) the following –
“the defendant has been convicted of a foreign serious offence, or a criminal proceeding in respect of a foreign serious offence has commenced, or is reasonably believed to be about to commence, against the defendant in a foreign country”;
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
92
BLUV as at 11th March 2017
(d)
there were substituted for the words of section 50(2)(b) the following –
“where the defendant has not been convicted of a foreign serious offence, the offence which the defendant is believed to have committed and the grounds for that belief”;
(e)
the reference in section 50(5)(b) to a person’s reasonable legal expenses in defending a criminal charge included a reference to the person’s reasonable legal expenses in being represented in a criminal proceeding in a foreign country; and
(f)
sections 53(3), 54, 58 and 59 were omitted.
(3)
Subject to subsections (4) and (5), a restraining order made in respect of a foreign serious offence ceases to have effect at the end of the period of 30 days commencing on the day on which the Order is made.
(4)
Where the Court makes a restraining order in respect of a foreign serious offence, it may, on application by the Public Prosecutor before the end of the period referred to in subsection (2), extend the period of operation of the restraining order.
(5)
Where –
(a)
a restraining order against property is made in respect of a foreign serious offence; and
(b)
before the end of the period referred to in subsection (3) (including that period extended under subsection (4), a foreign restraining order against the property is registered in the Court under section 94, the restraining order referred to in paragraph (a) ceases to have effect upon the registration of the foreign restraining order referred to in paragraph (b).
Requests for enforcement of foreign restraining, confiscation and benefit recovery orders.