36K Application for civil forfeiture restraining order S. 36K inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23). S. 36K(1) (1) The DPP or a prescribed person, or a person amended by belonging to a prescribed class of persons, may Nos 37/2014 apply, without notice, to the Supreme Court or the s. 10(Sch. item 25.7(a)), County Court for a civil forfeiture restraining 55/2014 order in respect of property if a police officer or a s. 5(1). person authorised by or under an Act to prosecute the relevant type of offence suspects on reasonable grounds that the property is tainted property. (2) An application under subsection (1) must be S. 36K(2) amended by supported by an affidavit of a police officer or a No. 37/2014 person authorised by or under an Act to prosecute s. 10(Sch. item the relevant type of offence (as the case 25.7(b)(i)). requires)— (a) setting out any relevant matters; and S. 36K(2)(b) (b) stating that the police officer or the person amended by suspects that the property is tainted property; Nos 37/2014 s. 10(Sch. and item 25.7(b)(ii), 55/2014 s. 5(1). (c) setting out the grounds on which the police S. 36K(2)(c) amended by officer or the person has that suspicion. No. 37/2014 s. 10(Sch. item 25.7(b)(ii). S. 36K(3) (3) An application for a civil forfeiture restraining amended by order does not need to specify a particular person No. 55/2014 alleged to have committed the Schedule 2 offence s. 5(2). or any one or more of the Schedule 2 offences in relation to which the property which is the subject of the application is reasonably suspected of being tainted property.
S. 36K inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23). 36K Application for civil forfeiture restraining order S. 36K(1) amended by Nos 37/2014 s. 10(Sch. item 25.7(a)), 55/2014 s. 5(1). (1) 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 civil forfeiture restraining order in respect of property if a police officer or a person authorised by or under an Act to prosecute the relevant type of offence suspects on reasonable grounds that the property is tainted property. S. 36K(2) amended by No. 37/2014 s. 10(Sch. item 25.7(b)(i)). (2) An application under subsection (1) must be supported by an affidavit of a police officer or a person authorised by or under an Act to prosecute the relevant type of offence (as the case requires)— (a) setting out any relevant matters; and S. 36K(2)(b) amended by Nos 37/2014 s. 10(Sch. item 25.7(b)(ii), 55/2014 s. 5(1). (b) stating that the police officer or the person suspects that the property is tainted property; and S. 36K(2)(c) amended by No. 37/2014 s. 10(Sch. item 25.7(b)(ii). (c) setting out the grounds on which the police officer or the person has that suspicion. S. 36K(3) amended by No. 55/2014 s. 5(2). (3) An application for a civil forfeiture restraining order does not need to specify a particular person alleged to have committed the Schedule 2 offence or any one or more of the Schedule 2 offences in relation to which the property which is the subject of the application is reasonably suspected of being tainted property.
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