116Interim wealth-restraining orders

116 Interim wealth-restraining orders

[Section 116 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014]

(1)  The DPP may apply for an interim wealth-restraining order to be made –

(a) in respect of the property of a person named in the application; or

(b) in respect of the property specified in the application.

(2)  An application under subsection (1) may be made –

(a) to the Magistrates Court or the Supreme Court; and

(b) in chambers, by telephone or by electronic means; and

(c) ex parte.

(3)  On hearing an application under subsection (1) , the Magistrates Court or the Supreme Court may make an order specifying –

(a) that the property of a person named in the order may be seized, retained or guarded under the order; or

(b) that property specified in the order may be seized, retained or guarded under the order.

(4)  The Magistrates Court or Supreme Court may only make an interim wealth-restraining order under subsection (3) if satisfied that –

(a) an application is to be made for a wealth-restraining order, in relation to the property of the person named in the application for the interim wealth-restraining order, as soon as reasonably practicable; and

(b) the circumstances justify the making of the interim wealth-restraining order before the application for the wealth-restraining order can be heard.

(4A)  [Section 116 Subsection (4A) inserted by No. 30 of 2018, s. 13, Applied:10 Dec 2018] The Magistrates Court or Supreme Court may refuse to make an interim wealth-restraining order under subsection (3) if the DPP, on behalf of the State, refuses or fails to give to the court such undertakings as the court considers appropriate with respect to the payment of damages or costs, or both, in relation to the making and operation of the order.