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Confiscation of Criminal Assets Act 2003
29Restraining orders over other property—affidavit
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29 Restraining orders over other property—affidavit
supporting application
section 26 (Restraining orders over other property—application) for
a restraining order must state—
(a) that the officer believes that an indictment has been presented
against the offender for a stated relevant offence, or that the
offender has been convicted of a stated relevant offence; or
(b) that the officer suspects that the offender has committed a stated
relevant offence, and that it is intended, within a stated period—
(i) for an ordinary offence—to present an indictment against
the offender for the offence (or a related relevant offence);
or
(ii) for a serious offence—
(A) to present an indictment against the offender for the
offence (or a related serious offence); or
(B) to apply for a civil forfeiture order or a penalty order
in relation to the offence (or a related serious offence).
(2) Subsection (1) (b) does not require the police officer to specify a
particular offence in the affidavit and it is sufficient if the police
officer suspects that the offender has committed a particular kind of
offence and the affidavit describes the nature of the offence in general
terms.
(3) If the application is not for an artistic profits restraining order, the
affidavit must state that the police officer believes that the application
is being made within the relevant period mentioned in section 27
(Restraining orders—time for making certain applications) for the
offence to which the application relates.
Note No time limit applies to an application for an artistic profits restraining
order (see s 27 (1) (a)).
(4) For subsection (3), if the application relates to a serious offence, it is
sufficient if the police officer believes that the offence was committed
within the relevant period mentioned in section 27, and it is not
necessary for the officer to believe that the offence was committed on
any particular day or time within the relevant period.
(5) The affidavit must state, for the property mentioned in the
(a) that the officer suspects that the property is either the offender’s
property or the property of someone else; and
offender’s effective control.
(6) The affidavit must state that the police officer believes that—
(a) the property sought to be restrained may be required to satisfy a
purpose mentioned in section 22 (Restraining orders—
purposes); and
(b) if the application is for an artistic profits restraining order—the
property sought to be restrained may be required to satisfy a
penalty order for artistic profits in relation to the offence.
(7) For subsection (6) (a), no particular purpose need be stated in the
(8) The affidavit must state the grounds for each belief or suspicion of