Restraining orders

(1) Subject to this section, where the Director of Public Prosecutions or the Financial Intelligence Unit applies to the Court for a restraining order against property and the Court is satisfied that– (a) the accused has been convicted of an offence or has been charged or is about to be charged with or is being investigated for an offence; (b) where the accused has not been convicted of a serious crime, there is reasonable cause to believe that the property is tainted property in relation to an offence or that the accused derived a benefit directly or indirectly from the commission of the offence; (c) where the application seeks a restraining order against property of a person other than the accused, there are reasonable grounds for believing that the property is tainted property in relation to an offence and that the property is subject to the effective control of the accused or is property held by the defendant or a gift caught by this Act; (d) there are reasonable grounds for believing 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, the Court may make an order, (i) prohibiting the defendant or any person from disposing of, or otherwise dealing 104[CAP. 104 Money Laundering and Terrorism (Prevention) with, the property or such part thereof or interest therein as is specified in the order, except in such manner as may be specified in the order; and (ii) at the request of the Director of Public or the Intelligence Unit, where the Court is satisfied that the circumstances so require(A) directing the Registrar General or such other person as the Court may appoint to take custody of the property or such part thereof as is specified in the order and to manage or otherwise deal with all or any part of the property in accordance with the directions of the Court; and (B) requiring any person having possession of the property to give possession thereof to the Registrar General or to the person appointed under sub-paragraph (i) to take custody and control of the property. (2) An order under sub-section (1), may be made subject to such conditions as the Court thinks fit and, without limiting the generality of this sub-section, may make provision for meeting out of the property or a specified part of the property, any or all of the following– (a) the person’s reasonable living expenses and reasonable business expenses; and (b) the person’s reasonable expenses in defending the criminal charge and any proceedings under this Part. (c) (3) Where the Registrar General or other person appointed under sub-section (1)(ii)(A) is given a direction in relation to any property, he may apply to the Court for directions on any question respecting the management or preservation of the property under his control. (4) Subject to section 42, an application shall be served on all persons interested in the application or such of them as the Court thinks expedient and all such persons shall have the right to appear at the hearing and be heard. (5) When the application is made on the basis that a person is being investigated or about to be charged, any order made by the Court shall lapse if the person is not charged– (a) where the offence is an offence against the laws of Belize, within 28 days; or (b) where the offence is an offence against the laws of a foreign State, within three months.