Section 45Part 2 — The Financial Reporting Authority
Restraint orders
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Where any of the conditions set out in section 44 is satisfied the court may make a restraint order prohibiting any specified person from dealing with any realisable property held by that person subject to such conditions and exceptions as may be specified in the order.
A restraint order may provide that it applies —
to all realisable property held by the specified person whether or not the property is described in the order; or
to realisable property transferred to the specified person after the order is made.
Without prejudice to subsection (1), a restraint order may —
make provision for reasonable living expenses and reasonable legal expenses; or
make provision for the purpose of enabling any person to carry on any trade, business, profession or occupation.
An exception to a restraint order shall not provide for any legal e xpenses of the defendant or the recipient of a tainted gift where such expenses are incurred in relation to the offences in respect of which the restraint order is made. ( 4A ) Without prejudice to subsections (1) and (4), a restraint order is subject to an exemption enabling relevant legal aid payments. ( 4B ) For the purposes of subsection (4A) a relevant legal aid payment is a payment that the specified person is obliged to make —
in accordance with the Legal Aid Act , 2015 [ Law 17 of 2015 ] ; and
in co nnection with legal aid services provided under the Act mentioned in paragraph (a) to the specified person to deal with the offence in respect of which the restraint order is made, whether the obligation arises before or after the restraint order is made. ( 4C ) A legal aid payment under subsection (4A) — ( a ) shall be made subject to any prescribed restrictions on —
the circumstances in which payment may be made in reliance on the exception; or
the amount of the payments that may be made in reliance on the exception; ( b ) shall be subject to any other prescribed conditions; and
may be subject to other conditions.
Where the court makes a restraint order the court may, upon the application of the Director of Public Prosecutions, make such other o rder as it believes is appropriate for the purpose of ensuring that the restraint order is effective.
A restraint order does not affect property for the time being subject to a charge under section 11 of the prior Law.
For the purposes of this sect ion “ dealing with property ” includes removing it from the Islands.