Section 44Part 2 — The Financial Reporting Authority
Conditions for exercise of powers
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The court may grant a restraint order in accordance with section 45 if any one of the following conditions i s satisfied —
a criminal investigation has been started in the Islands with regard to an offence and there is reasonable cause to believe that the alleged offender has benefited from that person’s criminal conduct;
proceedings for an offence have been started in the Islands and not concluded and there is reasonable cause to believe that the defendant has benefited from that person’s criminal conduct;
either —
an application by the Director of Public Prosecutions has been made under section 28 , 29 , 36 o r 37 and not concluded; or
the court believes that such an application is to be made, and there is reasonable cause to believe that the defendant has benefited from that person’s criminal conduct;
either —
an application by the Director of Public Prosecutions has been made under section 30 and not concluded, or
the court believes that such an application is to be made, and there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the defendant ’ s benefit exceeds the relevant amount (as defined in that section); or
either —
an application by the Director of Public Prosecutions has been made under section 31 and not concluded; or
the court believes that such an application is to be made, and there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the available amount exceeds the relevant amount, as defined in section 31 .
The condition in subsection (1) (b) is not satisfied if the Director of Public Prosecutions does not intend to proceed.
Where subsection (1)
applies — ( a ) references in this Part to the defendant are to the alleged offender; and
section 70 (5) has effect as if proceedings for the offence had been started against the defendant when the investigation was started.