property or the property is tainted property in relation to that offence; or (d) a person has been convicted of a Schedule 2 offence and that person has an interest in the property or the property is tainted property in relation to that offence. (2A) The DPP or a prescribed person, or a person S. 16(2A) inserted by belonging to a prescribed class of persons, may No. 87/2004 apply, without notice, to the Supreme Court or the s. 8(1), repealed by County Court for a serious drug offence No. 68/2010 s. 41(1), restraining order in respect of property if— new s. 16(2A) inserted by (a) a member of the police force or a person No. 55/2014 authorised by or under an Act to prosecute s. 20(1). the relevant type of offence believes that— (i) within the next 48 hours a person will be charged with a serious drug offence; and (ii) that person has an interest in the property; or (b) a person has been charged with a serious drug offence and that person has an interest in the property; or (c) a person has been convicted of a serious drug offence and that person has an interest in the property. (3) An application under subsection (2) or (2A) for S. 16(3) amended by the purposes of automatic forfeiture may only be Nos 87/2004 made before the end of the relevant period in s. 8(2), 55/2014 relation to the conviction. s. 20(2).
property or the property is tainted property in relation to that offence; or (d) a person has been convicted of a Schedule 2 offence and that person has an interest in the property or the property is tainted property in relation to that offence. S. 16(2A) inserted by No. 87/2004 s. 8(1), repealed by No. 68/2010 s. 41(1), new s. 16(2A) inserted by No. 55/2014 s. 20(1). (2A) The DPP or a prescribed person, or a person belonging to a prescribed class of persons, may apply, without notice, to the Supreme Court or the County Court for a serious drug offence restraining order in respect of property if— (a) a member of the police force or a person authorised by or under an Act to prosecute the relevant type of offence believes that— (i) within the next 48 hours a person will be charged with a serious drug offence; and (ii) that person has an interest in the property; or (b) a person has been charged with a serious drug offence and that person has an interest in the property; or (c) a person has been convicted of a serious drug offence and that person has an interest in the property. S. 16(3) amended by Nos 87/2004 s. 8(2), 55/2014 s. 20(2). (3) An application under subsection (2) or (2A) for the purposes of automatic forfeiture may only be made before the end of the relevant period in relation to the conviction.
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