27Grounds for making restraining orders

27 Grounds for making restraining orders

(1)  The Supreme Court is not to make a restraining order in respect of a defendant who has not been convicted of the offence to which the application for the order relates unless –

(a) the application for the order is supported by an affidavit of a police officer stating that the police officer believes that the defendant committed the offence; and

(b) the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief.

(2)  The Supreme Court is not to make a restraining order in respect of a defendant who has not been charged with the offence to which the application for the order relates unless the court is satisfied that the defendant will be charged with the offence, or a related offence, within 48 hours.

(3)  For the purposes of subsection (2) , offences are taken to be related to each other if the elements of the offences are substantially the same acts or omissions.

(4)  The Supreme Court is not to make a restraining order against the property of a defendant unless –

(a) the application for the order is supported by an affidavit of a police officer stating that the police officer believes that –

(i) the property to which the application relates is tainted property in relation to the offence concerned; or

(ii) the defendant derived a benefit, directly or indirectly, from the commission of the offence concerned; and

(b) the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief.

(5)  The Supreme Court is not to make a restraining order against specified property of a person other than a defendant unless –

(a) the application for the order is supported by an affidavit of a police officer stating that the police officer believes that –

(i) the property is tainted property in relation to the offence concerned; or