Application for a restraining order

(1) The Director of Public Prosecutions or the Financial Intelligence Unit may apply to the Supreme Court for a restraining order against any realisable property held by the 102[CAP. 104 Money Laundering and Terrorism (Prevention) accused or specified realisable property held by a person other than the accused. (2) An application for a restraining order may be made ex parte and shall be in writing and be accompanied by an affidavit stating– (a) where the accused has been convicted of an offence, the offence for which he was convicted, the date of the conviction, the court before which the conviction was obtained and whether an appeal has been lodged against the (b) where the accused has not been convicted of an offence, the offence for which he is charged or about to be charged, or is being investigated and the grounds for believing that the defendant committed the offence; (c) a description of the property in respect of which the restraining order is sought; (d) the name and address of the person who is believed to be in possession of the property; (e) the grounds for the belief that the property is tainted property in relation to the offence or that the accused derived a benefit directly or indirectly from the commission of the offence; (f) where the application seeks a restraining order against property of a person other than the defendant, the grounds for the belief that the property is tainted property in relation to the offence and is subject to the effective control of the accused or is a gift caught by this Act; and (g) the grounds for the belief that a forfeiture order or a pecuniary penalty order may be or is likely to be made under this Part in respect of the property.