26Restraining orders

### 26 Restraining orders > > (1)  If a person (in this section, and in [sections 27](#GS27@EN) and [30](#GS30@EN) , called "the defendant") – > > > > > > (a) has been convicted of a serious offence; or > > > > > > > (b) has been, or is about to be, charged with a serious offence – > > > > > > an authorized officer may apply to the Supreme Court for an order under [subsection (2)](#GS26@Gs2@EN) against any one or more of the following: > > > > > > > (c) specified property of the defendant; > > > > > > > (d) all the property of the defendant, including property acquired after the making of the order; > > > > > > > (e) all the property of the defendant, including property acquired after the making of the order, other than specified property; > > > > > > > (f) specified property of a person other than the defendant. > > > (2)  If an authorized officer applies to the Supreme Court for an order under this subsection against property, the court may, subject to [section 27](#GS27@EN) , by order – > > > > > > (a) direct that the property, or such part of the property as is specified in the order, is not to be disposed of or otherwise dealt with by any person except in such manner and in such circumstances, if any, as are specified in the order; and > > > > > > > (b) if the court is satisfied that the circumstances so require – direct the Public Trustee to take custody and control of the property, or of such part of the property as is specified in the order. > > > (3)  A restraining order against a person's property may be made subject to such conditions as the Supreme Court thinks fit and, without limiting the generality of this, may make provision for meeting out of the property, or a specified part of the property, all or any of the following: > > > > > > (a) the person's reasonable living expenses, including the reasonable living expenses of the person's dependants, if any, and reasonable business expenses; > > > > > > > (b) the person's reasonable expenses in defending a criminal charge; > > > > > > > (c) a specified debt incurred by the person in good faith, being a debt to which neither [paragraph (a)](#GS26@Gs3@Hpa@EN) nor [(b)](#GS26@Gs3@Hpb@EN) applies. > > > (4)  The Supreme Court is not to make provision of a kind referred to in [subsection (3)](#GS26@Gs3@EN) unless it is satisfied that the defendant cannot meet the expense or debt concerned out of property that has not been brought under the custody and control of the Public Trustee. > > > (5)  A restraining order is sufficient authority for a person to whom the order is directed to take all steps necessary or desirable to give effect to the order.