PART III
Restraining Orders (ss 8-11)

[Ch0803s8]8.       Restraining order

            (1) Where a person has been or is about to be charged with a serious offence, the Director of Public Prosecutions may apply to a magistrate's court or the High Court, ex-parte, for a restraining order.

            (2) An application for a restraining order may be made in respect of one, or more than one, serious offence and shall be supported by an affidavit of a police officer of or above the rank of Inspector-

     (a)     stating the serious offence or offences in respect of which the application is made;

     (b)     stating that the officer has a reasonable belief that the defendant committed the offence, or each of the offences, as the case may be, and that he received or derived proceeds from the said commission;

     (c)     identifying the property which the officer reasonably believes to represent the proceeds received or derived by the defendant from the said commission; and

     (d)     the basis for such beliefs.

            (3) An application for a restraining order shall not be made or continued if proceedings against the defendant in respect of the serious offence or offences are abandoned or cease to have effect.

            (4) Where, on an application under this section, the magistrate's court or the High Court is satisfied that there is reasonable cause to believe that the defendant has benefited from the proceeds of the serious offence or offences in respect of which the application is made, the court may, by order (herein referred to as a "restraining order"), prohibit any person from dealing in any way with any property to which the order applies, subject to such conditions as may be specified in the order.

            (5) A restraining order shall identify the defendant and the offence or offences in respect of which it is made, and shall provide for notice to be given to any person affected by the order.

            (6) A restraining order may apply to-

     (a)     property described in the order, being property-

           (i)       of the defendant or

          (ii)       received in connection with, or derived from, the commission of the offence and held by any person, other than the defendant in the order; or

     (b)     all property of the defendant, whether described in the order or not, and including property acquired by the defendant after the making of the order.

            (7) The conditions, subject to which a restraining order may be made, may include conditions with respect to the meeting of reasonable living and business expenses of any person to whom the order applies, or who is affected by the order.

            (8) The magistrate's court or the High Court may rescind or vary an order made under this section if the defendant gives security, satisfactory to the court, for the payment of any future pecuniary penalty which may be made in respect of any serious offence to which the application for a restraining order relates, or if the defendant gives undertakings, satisfactory to the court, concerning any of his property which might become liable to a future pecuniary penalty.

[Ch0803s9]9.       Appointment of receiver

            (1) The High Court may appoint a receiver to take possession of any property to which a restraining order relates, and, in accordance with such directions, or subject to such conditions or exceptions as the court may give or impose, to manage or otherwise deal with any property in respect of which he is appointed.

            (2) Any person having possession of any property in respect of which a receiving order is made under this section, shall give control or possession thereof to the receiver.

            (3) The High Court may, on application, or of its own motion, revoke the appointment of a receiver, or vary the conditions or exceptions subject to which he was appointed.

            (4) Where a confiscation order is made against the defendant, any property in respect of which the receiver was appointed and which is in his possession or under his control, shall be made available by the receiver, to such extent as may be necessary, to satisfy the amount of the pecuniary penalty imposed under the confiscation order, unless the High Court otherwise directs.

            (5) A person appointed a receiver under subsection (1) shall be paid such remuneration as may be specified by the High Court.

            (6) Where the appointment of a receiver ceases, whether by reason of the discharge of the restraining order or for some other reason, any property in respect of which he was appointed and which is then in his possession or under his control, shall be dealt with by the receiver as the High Court directs.

            (7) Where a receiver takes any action in relation to property which is not property in respect of which he was appointed, being action which he would be entitled to take if it were such property, and believing and having reasonable grounds for believing, that he is entitled to take that action in relation to that property, he shall not be liable to any person in respect of any loss or damage resulting from his action, except in so far as, and to the extent that, the loss or damage results from his own negligence.

[Ch0803s10]10.     Further orders of court

            (1) When the High Court makes a restraining order, or at any subsequent time, either of its own motion or on application made to it by the Director of Public Prosecutions, the defendant or, with leave of the court by any other person, as appropriate, it may-

     (a)     vary the property to which the order is to apply;

     (b)     vary any condition or exception subject to which the order is made;

     (c)     order the examination of the defendant, or any other person, whether affected by the order or not, before the High Court, or before any specified person, concerning the nature and location of any property to which the order relates; or

     (d)     make or vary any order relating to any undertaking given in accordance with section 8(8).

            (2) Any statement or disclosure made by a person in answer to questions put to him in the court of an examination referred to in subsection (1)(c) shall be admissible against him in any civil proceeding, any proceeding relating to the giving of false testimony in the course of the examination, or any proceeding for the making of a confiscation order for the purpose only of assessing the value of the benefit to the person from the proceeds of the serious offence or offences, but shall not otherwise be admissible in evidence against him.

[Ch0803s11]11.     Discharge of restraining order

            (1) A restraining order shall be deemed to be discharged-

     (a)     if the proceedings against the defendant in respect of the serious offence giving rise to it are discontinued, or if the defendant is not charged with the serious offence within a week of the making of the order;

     (b)     if a confiscation order is made against the defendant in respect of the same serious offence to which the restraining order relates; or

     (c)     if a confiscation order is not applied for within the period specified in section 3(2).

            (2) The High Court may, on application by the defendant, discharge a restraining order if the defendant gives security or undertakings of the kind referred to in section 8(8).

            (3) Where a restraining order is made in respect of more than one offence, and the proceedings against the defendant in respect of one or some of the offences are discontinued, or if he is not charged with all of the offences within the period specified in subsection 1(a), the order shall be discharged only in relation to the offence or offences so discontinued or not so charged.