Review of restraining order

(1) A person who has an interest in property in respect of which a restraining order was made may, at any time, apply to the Court for an order under sub-section (4). (2) An application under sub-section (1) shall not be heard by the Court unless the applicant has given to the Director of Public Prosecutions or the Financial Intelligence Unit at least 3 clear days’ notice in writing of the application. 108[CAP. 104 Money Laundering and Terrorism (Prevention) (3) The Court may require notice of the application to be given to, and may hear, any person who in the opinion of the Court appears to have an interest in the property. (4) On an application under sub-section (1) the Court may revoke or vary the order or make the order subject to such conditions as the Court thinks fit. For the purposes of this sub- section the Court may– (a) require the applicant to enter into recognisances; or (b) vary the order to permit the payment of reasonable living expenses of the applicant, including his dependants, if any, and reasonable legal or business expenses of the applicant. (5) An order under sub-section (4), may only be made if the Court is satisfied that– (a) the applicant is the lawful owner of the property or is entitled to lawful possession thereof and appears to be innocent of any complicity in the commission of an offence or of any collusion in relation to such offence; and (b) the property will no longer be required for the purposes of any investigation or as evidence in any proceedings.