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)](#GS27@Gs2@EN) , 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 > > > > > > > > > > > (ii) the property is subject to the effective control of the defendant and 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. > > > (6)  The Supreme Court may make a restraining order in respect of property whether or not there is a risk of the property being disposed of, or otherwise dealt with, in such manner as would defeat the operation of this Act. > > > (7)  [*\[Section 27 Subsection (7) amended by No. 60 of 2013, s. 8, Applied:01 Mar 2014\]*](/view/html/inforce/2014-03-01/act-2013-060#GS8@EN) [*\[Section 27 Subsection (7) amended by No. 23 of 2009, s. 6, Applied:16 Jun 2009\]*](/view/html/inforce/2009-06-16/act-2009-023#GS6@EN) The Supreme Court may refuse to make a restraining order 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. > > > (8)  For the purposes of an application under [section 26](#GS26@EN) , an authorized officer may, on behalf of the State, give to the Supreme Court such undertakings with respect to the payment of damages or costs, or both, as are required by the court. > > > (9)  An affidavit made by a police officer for the purposes of this section, stating that the police officer believes a particular matter, is to set out the grounds on which the police officer holds that belief.