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Proceeds of Crime Act, 2002

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35 L.R.O. 1991 <strong>Proceeds</strong> <strong>of</strong> <strong>Crime</strong> CAP. 143s. 32(2) An application for a restraining order may be made expurte and shall be in writing and be accompanied by an affidavitstating(4(b)(cl(4(4#where the defendant has been convicted <strong>of</strong> a scheduled<strong>of</strong>fence, the scheduled <strong>of</strong>fence for which the defendantwas convicted, the date <strong>of</strong> the conviction, the Court beforewhich the conviction was obtained and whether an appealhas been lodged against the conviction;where the defendant has not been convicted <strong>of</strong> a scheduled<strong>of</strong>fence, the scheduled <strong>of</strong>fence for which he is charged andthe grounds for believing that the defendant committed the<strong>of</strong>fence;a description <strong>of</strong> the property in respect <strong>of</strong> which therestraining order is sought;the name and address <strong>of</strong> the person who is believed to bein possession <strong>of</strong> the property;the grounds for the belief that the property is taintedproperty in relation to the <strong>of</strong>fence;the grounds for the belief that the defendant derived abenefit directly or indirectly from the commission <strong>of</strong> the<strong>of</strong>fence;(g) where the application seeks a restraining order againstproperty <strong>of</strong> a person, other than the defendant, the groundsfor the belief that the property is tainted property inrelation to the <strong>of</strong>fence and is subject to the effectivecontrol <strong>of</strong> the defendant;(h) the grounds for the belief that a forfeiture order or aconfiscation order may be or is likely to be made underthis <strong>Act</strong> in respect <strong>of</strong> the property.32. (1) Subject to this section, where the Director <strong>of</strong> Public Restrain-Prosecutions applies to the Court for a restraining order against ingo*=property and the Court is satisfied that(a) the defendant has been convicted <strong>of</strong> a scheduled <strong>of</strong>fence,or has been charged with a scheduled <strong>of</strong>fence;(b) there are reasonable grounds for believing that thedefendant committed the <strong>of</strong>fence, where the defendant hasnot been convicted <strong>of</strong> a scheduled <strong>of</strong>fence;THE LAWS OF BARBADOSF’rinted by the Government printing Depatmm~ Bay Snut. St. Michad.by the authority <strong>of</strong> the Government <strong>of</strong> Barbados

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