Section 256: Court restrictions on assets and bank accounts of accused persons

(1)Any court may, upon application by the Director of Public Prosecutions, issue an order placing restrictions as appear to the court to be reasonable, on the operation of any bank account of the accused person or a person suspected of having committed an offence or any person associated with the offence or on the disposal of any property of the accused person or the suspected person or a person associated with the offence or the suspected person for the purpose of ensuring the payment of compensation to any victim of the offence or otherwise for the purpose of preventing the dissipation of any money or other properties derived from or related to the offence.

(2)For the purposes of this section, the restriction on the operation of any bank account or disposal of property shall not exceed the withdrawal of an amount or disposal of property of a value that will be required to compensate the victim of the offence.

(3)The order imposing the restrictions shall be reviewed by the court every six months if still in force.

(4)The order shall, unless earlier revoked, expire six months after the death of the person against whom it was made.

(5)The Director of Public Prosecutions shall ensure that any order issued by a court under subsection (1) is served on the banker, or accused person or suspected person and any other person to whom the order relates.

(6)Any person who knowingly fails to comply with an order issued under this section commits an offence and is liable, on conviction, to a fine not exceeding two hundred fifty currency points or to imprisonment for a term not exceeding two years, or both.

(7)This section applies only in relation to an offence to which section 252 of this Act and sections 18 and 19 of Anti-Corruption Act relate.

(8)After conviction of the accused person the court may direct that any funds standing to the credit of the convicted person and also any property established to the satisfaction of the court to belong to that person be applied in payment of any compensation awarded by the court under section 251; and in the case of property other than money, the court may order the sale of the property and the proceeds to be applied in payment of the compensation.

(9)Any money remaining after the sale of any property and payment of compensation under subsection (8) shall be refunded to the convicted person.

(10)Any transfer of any property contrary to any restriction imposed under subsection (1) is void; and, in particular, the court may, by order, set aside any transaction aimed at defeating the purposes of subsection (8).

(11)Any person who obstructs the implementation of any order of a court under subsection (8) commits an offence and is liable, on conviction, to a fine not exceeding two hundred fifty currency points or to imprisonment or a term not exceeding five years, or both.