36KApplication for civil forfeiture restraining order

36K Application for civil forfeiture restraining order S. 36K(1) amended by Nos 37/2014 s. 10(Sch. item 25.7(a)), 55/2014 s. 5(1). (1) 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 civil forfeiture restraining order in respect of property if a police officer or a person authorised by or under an Act to prosecute the relevant type of offence suspects on reasonable grounds that the property is tainted property. S. 36K(2) amended by No. 37/2014 s. 10(Sch. item 25.7(b)(i)). (2) An application under subsection (1) must be supported by an affidavit of a police officer or a person authorised by or under an Act to prosecute the relevant type of offence (as the case requires)— S. 36K(2)(b) amended by Nos 37/2014 s. 10(Sch. item 25.7(b)(ii), 55/2014 s. 5(1). (b) stating that the police officer or the person suspects that the property is tainted property; and S. 36K(2)(c) amended by No. 37/2014 s. 10(Sch. item 25.7(b)(ii). (c) setting out the grounds on which the police officer or the person has that suspicion. S. 36K(3) amended by No. 55/2014 s. 5(2). (3) An application for a civil forfeiture restraining order does not need to specify a particular person alleged to have committed the Schedule 2 offence or any one or more of the Schedule 2 offences in relation to which the property which is the subject of the application is reasonably suspected of being tainted property. S. 36K(4) amended by No. 79/2014 s. 15. (4) An application for a restraining order or an unexplained wealth restraining order in relation to property or an interest in property does not preclude an application for a civil forfeiture restraining order being made in relation to the same property or interest in property. (5) An application for a civil forfeiture restraining order may be made more than once. (6) Without limiting the operation of this section, an application for a civil forfeiture restraining order may be made— S. 36K(6)(a) amended by No. 55/2014 s. 5(3)(a). (a) in relation to different property or a different interest in property in respect of the same Schedule 2 offence or offences; or S. 36K(6)(b) amended by No. 55/2014 s. 5(3)(b). (b) in relation to the same property or interest in property in respect of a different Schedule 2 offence or different Schedule 2 offences. S. 36L inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).