Restraint Order

(1) Subject to the provisions of this section, where a person is charged with a drug trafficking offence, a judge of the Supreme Court, on being satisfied by affidavit evidence or otherwise that there is a prima facie case against the defendant, may by order, hereinafter referred to as a restraint order, prohibit any person from disposing of or otherwise dealing with any realisable property, otherwise than in any manner as may be specified in the order. (2) A restraint order may apply– (a) to all realisable property held by a specified person, whether the property is described in the order or not; or (b) to realisable property held by a specified person, being property transferred to him after the making of the order. (3) A restraint order– (a) may be made only on an application by the prosecution to a Judge in chambers; and (b) shall provide for notice to be given to persons affected by the order. (4) A restraint order59 (a) may be discharged or varied in relation to any property; and (b) shall be discharged when proceedings for the offence are concluded. (5) Where a restraint order has been made the court or Judge may at any time appoint a receiver– (a) to take possession of any realisable property; and (b) to manage or otherwise deal with the property in accordance with directions given by the court or Judge, subject to any exceptions and conditions as may be specified by the court or Judge; and the court or Judge may require any person having possession of property, in respect of which a receiver is appointed under this sub-section, to give possession of it to the receiver. (6) For the purposes of this section, dealing with realisable property held by any person includes, without prejudice to the generality of the expression– (a) where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and (b) removing the property from Belize. (7) Where a restraint order has been made, a member of the Belize Police Department may, for the purpose of preventing the removal of any realisable property from Belize, seize the (8) Property seized under sub-section (7) shall be dealt with in accordance with the court’s directions. 60