s. 36M 36M Determination of application for civil forfeiture S. 36M restraining order inserted by No. 68/2010 (1) On an application under section 36K for a civil s. 49 (as amended by forfeiture restraining order, the Supreme Court or No. 73/2011 the County Court, as the case requires, must make ss 21–23), amended by a civil forfeiture restraining order if it is satisfied No. 55/2014 that— s. 6(2) (ILA s. 39B(1)). (a) the deponent of the affidavit supporting the S. 36M(1)(a) amended by application does suspect that the property is No. 55/2014 tainted property; and s. 6(1). (b) there are reasonable grounds for that suspicion. (2) To avoid doubt, if an application under S. 36M(2) inserted by section 36K for a civil forfeiture restraining order No. 55/2014 in respect of property is made in relation to more s. 6(2). than one Schedule 2 offence, the court may be satisfied that the deponent of the affidavit reasonably suspects that the property is tainted property despite the deponent being unable to specify— (a) in relation to which of the Schedule 2 offence or offences the property is tainted; or (b) the extent to which the property is tainted in relation to each of the Schedule 2 offences. 36N Notice of civil forfeiture restraining order to be S. 36N inserted by given to persons affected No. 68/2010 s. 49 (as (1) If— amended by No. 73/2011 (a) a civil forfeiture restraining order is made in ss 21–23). respect of property of a person; and (b) notice had not been given to that person of the application for the civil forfeiture restraining order—
S. 36M inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23), amended by No. 55/2014 s. 6(2) (ILA s. 39B(1)). 36M Determination of application for civil forfeiture restraining order s. 36M (1) On an application under section 36K for a civil forfeiture restraining order, the Supreme Court or the County Court, as the case requires, must make a civil forfeiture restraining order if it is satisfied that— S. 36M(1)(a) amended by No. 55/2014 s. 6(1). (a) the deponent of the affidavit supporting the application does suspect that the property is tainted property; and (b) there are reasonable grounds for that suspicion. S. 36M(2) inserted by No. 55/2014 s. 6(2). (2) To avoid doubt, if an application under section 36K for a civil forfeiture restraining order in respect of property is made in relation to more than one Schedule 2 offence, the court may be satisfied that the deponent of the affidavit reasonably suspects that the property is tainted property despite the deponent being unable to specify— (a) in relation to which of the Schedule 2 offence or offences the property is tainted; or (b) the extent to which the property is tainted in relation to each of the Schedule 2 offences. S. 36N inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23). 36N Notice of civil forfeiture restraining order to be given to persons affected (1) If— (a) a civil forfeiture restraining order is made in respect of property of a person; and (b) notice had not been given to that person of the application for the civil forfeiture restraining order—
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