31DApplication for freezing order

31D Application for freezing order

S. 31D(1) amended by Nos 37/2014 s. 10(Sch. item 25.5), 44/2022 s. 25.

(1) An investigative officer may apply to the Magistrates' Court for a freezing order if the applicant believes on reasonable grounds that—

(a) the person in whose name the account is held in respect of which the freezing order is sought or a person who has an interest in that account—

S. 31D(1)(a)(i) amended by Nos 87/2004 s. 22(1)(c), 55/2014 s. 28(a).

S. 31D(1)(a)(iii) amended by No. 55/2014 s. 28(b).

(iii) has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of a Schedule 1 offence or a Schedule 2 offence; and

(b) an application for a restraining order is likely to be made in respect of property in which the person—

(i) in whose name the account is held has an interest; or

(ii) who has an interest in the account in respect of which a freezing order is sought, has an interest.

S. 31D(1A) inserted by No. 68/2010 s. 46(1), amended by Nos 37/2014 s. 10(Sch. item 25.5), 44/2022 s. 25.

(1A) An investigative officer may apply to the Magistrates' Court for a freezing order if the applicant suspects on reasonable grounds that—

S. 31D(1A)(a) amended by No. 44/2022 s. 5(1)(a).

(a) the relevant account contains money or is associated with a digital asset which is tainted property in relation to a Schedule 2 offence; and

S. 31D(1A)(b) amended by No. 44/2022 s. 5(1)(b).

(b) an application for a civil forfeiture restraining order is likely to be made in respect of property which is money in, or a digital asset associated with, the account.

S. 31D(1B) inserted by No. 79/2014 s. 12(1), amended by No. 44/2022 ss 5(2), 25, substituted by No. 26/2024 s. 7.

(1B) An investigative officer may apply to the Magistrates' Court for a freezing order in respect of an account if—

(a) the applicant suspects on reasonable grounds that the person in whose name the account is held or a person who has an interest in the account—

(i) has engaged in serious criminal activity; or

(ii) has an interest in property that was not lawfully acquired; or

(iii) has wealth that exceeds the person's lawfully acquired wealth; and

(b) an application for an unexplained wealth restraining order is likely to be made in respect of money held in, or a digital asset associated with, that account.

S. 31D(2) amended by Nos 68/2010 s. 46(2), 79/2014 s. 12(2).

(2) Subject to this section and section 31E, an application under subsection (1), (1A) or (1B) must be supported by an affidavit setting out—