Section 82Part 2 — The Financial Reporting AuthorityAmended
Application for property freezing order
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Amended by LG32/S3
W here the Director of Public Prosecutions may take proceedings for a recovery order in the Grand Court, that Director of Public Prosecutions may apply to the court for a property freezing order (whether before or after starting the proceedings).
A prope rty freezing order is an order that —
specifies or describes the property to which it applies; and
subject to any exclusions (see section 84(1) (b) and (2)), prohibits any person to whose property the order applies from in any way dealing with the p roperty.
An application for a property freezing order may be made ex parte if the circumstances are such that notice of the application would prejudice any right of the Director of Public Prosecutions to obtain a recovery order in respect of any proper ty.
The court may make a property freezing order on an application if it is satisfied that the condition in paragraph
is met and, where applicable, that the condition in paragraph
is met, that is to say — (a) the first condition is that there is a good arguable case —
that the property to which the application for the order relates is or includes recoverable property; and
that, if any of it is not recoverable property, it is associated property; and (b) the second condition is that if — (i) the property to which the application for the order relates includes property alleged to be associated property; and (ii) the Director of Public Prosecutions has not established the identity of the person who holds it, the Director of Public Pro secutions has taken all reasonable steps to do so.