Cases in which restraint orders and charging orders may be made
11.—(1) The powers conferred on the High Court by section 12(1) to make a restraint order and by section 13(1) to make a charging order are exercisable where —
(a)
proceedings have been instituted against the defendant for a drug trafficking offence or a serious offence, as the case may be;
(b)
the proceedings have not been concluded; and
(c)
the Court is satisfied that there is reasonable cause to believe that benefits have been derived by the defendant from drug trafficking or from criminal conduct, as the case may be.
(2) Those powers are also exercisable where the High Court is satisfied —
(a)
that a person has been officially informed pursuant to section 122(6) of the Criminal Procedure Code [Cap. 68] that he may be prosecuted for a drug trafficking offence or a serious offence, as the case may be; or
(b)
that investigation for a drug trafficking offence or a serious offence, as the case may be having been commenced against a person, he dies or cannot be found or is outside the jurisdiction,
and that there is reasonable cause to believe that benefits have been derived by that person from drug trafficking or from criminal conduct, as the case may be.
(3) For the purposes of sections 12 and 13, at any time when those powers are exercisable before proceedings have been instituted —
(a)
references in this Act to the defendant shall be construed as references to the person referred to in subsection (2); and
(b)
references in this Act to realisable property shall be construed as if, immediately before that time, proceedings had been instituted against the person referred to in subsection (2) for a drug trafficking offence or a serious offence, as the case may be.
(4) Where the High Court has made an order under section 12(1) or 13(1) by virtue of subsection (2), the Court shall discharge the order if the proposed proceedings are not instituted within such time as the Court considers reasonable and which shall not in any event exceed a period of 3 months.