16Application for restraining order

16 Application for restraining order S. 16(1) substituted by No. 87/2004 s. 8(1), amended by No. 68/2009 s. 97(Sch. item 23.15). (1) If a person has been, or within the next 48 hours will be, charged with or has been convicted of a Schedule 1 offence— (a) the DPP may apply, without notice, to any court; or (b) an appropriate officer may apply, without notice, to the Magistrates' Court or the Children's Court— for a restraining order in respect of property in which the accused has an interest or which is tainted property in relation to that offence. S. 16(2) substituted by No. 87/2004 s. 8(1), amended by Nos 68/2010 s. 41(1), 37/2014 s. 10(Sch. item 25.2(a)), substituted by No. 27/2016 s. 8. (2) If any of the circumstances specified in subsection (2AA) apply in relation to property— (a) the DPP, a prescribed person or a person belonging to a prescribed class of persons may apply, without notice, to any court; or (b) an appropriate officer may apply, without notice, to the Magistrates' Court or the Children's Court— for a restraining order in respect of the property. S. 16(2AA) inserted by No. 27/2016 s. 8. (2AA) An application for a restraining order under subsection (2) may be made in respect of property if— (a) a police officer or a person authorised by or under an Act to prosecute the relevant type of offence believes that— (i) within the next 48 hours a person will be charged with a Schedule 2 offence; and (ii) that person has an interest in the property or the property is tainted property in relation to that offence; or (b) a person has been charged with a Schedule 2 offence and that person has an interest in the property or the property is tainted property in relation to that offence; or (c) a person has been convicted of a Schedule 2 offence and that person has an interest in the property or the property is tainted property in relation to that offence. S. 16(2A) inserted by No. 87/2004 s. 8(1), repealed by No. 68/2010 s. 41(1), new s. 16(2A) inserted by No. 55/2014 s. 20(1). (2A) The DPP or a prescribed person, or a person belonging to a prescribed class of persons, may apply, without notice, to the Supreme Court or the County Court for a serious drug offence restraining order in respect of property if— (a) a member of the police force or a person authorised by or under an Act to prosecute the relevant type of offence believes that— (i) within the next 48 hours a person will be charged with a serious drug offence; and (ii) that person has an interest in the property; or (b) a person has been charged with a serious drug offence and that person has an interest in the property; or (c) a person has been convicted of a serious drug offence and that person has an interest in the property. S. 16(3) amended by Nos 87/2004 s. 8(2), 55/2014 s. 20(2). (3) An application under subsection (2) or (2A) for the purposes of automatic forfeiture may only be made before the end of the relevant period in relation to the conviction. S. 16(4) amended by Nos 87/2004 s. 8(3), 37/2014 s. 10(Sch. item 25.2(b)(ii)), 55/2014 s. 20(3)(a). (4) An application under subsection (1), (2) or (2A) must be supported by an affidavit of— S. 16(4)(a) substituted by No. 37/2014 s. 10(Sch. item 25.2(b)(i)). (b) a person authorised by or under an Act to prosecute the relevant type of offence— setting out any relevant matters and stating that the police officer or person believes the following matters and setting out the grounds on which the police officer or person holds those beliefs— S. 16(4)(c) amended by No. 68/2009 s. 97(Sch. item 23.16). (c) in the case of an application made in reliance on the proposed charging of the accused with an offence, that the accused will be so charged within the next 48 hours; and S. 16(4)(d) amended by No. 68/2009 s. 97(Sch. item 23.16), substituted by No. 55/2014 s. 20(3)(b). (d) that— (i) in the case of an application under subsection (1) or (2)—the accused has an interest in the property or the property is tainted property (as the case may be); and (ii) in the case of an application under subsection (2A)—the accused has an interest in the property; and (e) if the restraining order is being sought for a purpose referred to in paragraph (a), (d) or (e) of section 15(1), that— (i) a forfeiture order may be made in respect of the property; or S. 16(4)(e)(ii) amended by No. 68/2009 s. 97(Sch. item 23.16). (ii) a pecuniary penalty order may be made against the accused; or (iii) an order for restitution or compensation may be made under the **Sentencing Act 1991**. S. 16(5) inserted by No. 87/2004 s. 8(4), substituted by No. 68/2010 s. 41(2), amended by No. 79/2014 s. 11. (5) An application for a civil forfeiture restraining order or an unexplained wealth restraining order in relation to property or an interest in property does not preclude an application under this section in relation to the same property or interest in property. S. 16(6) inserted by No. 68/2010 s. 7, amended by No. 55/2014 s. 20(4). (6) An application under subsection (1), (2) or (2A) in relation to property or an interest in property may be made more than once, whether on the same grounds or different grounds, for any purpose referred to in section 15(1). S. 16(7) inserted by No. 68/2010 s. 7, amended by No. 55/2014 s. 20(5). (7) An application under subsection (1) in relation to property or an interest in property does not preclude an application under subsection (2) or (2A) in relation to the same property or interest in property. S. 16(8) inserted by No. 68/2010 s. 7, amended by No. 55/2014 s. 20(6). (8) An application under subsection (2) in relation to property or an interest in property does not preclude an application under subsection (1) or (2A) in relation to the same property or interest in property. S. 16(9) inserted by No. 55/2014 s. 20(7). (9) An application under subsection (2A) in relation to property or an interest in property does not preclude an application under subsection (1) or (2) in relation to the same property or interest in property.