Law library · Sierra Leone · Terrorism Act, 2012
Section 75, Terrorism Act, 2012
Status not yet checkedTerrorism Act, 2012, Sierra Leone
(1) A competent authority, upon application to a courtsatisfying the court that the Attorney-General has charged or is
about to charge a person with money laundering, may apply for an
order freezing the property of, or in the possession or under the
control of that person, wherever it may be.
(2) The court, in making an order freezing the property of
any person referred to in subsection (1), may give directions as to–
(a) the duration, subject to subsection (3), of the
freezing order;
(b) the disposal of that property for the purpose,
of–
(i) determining any dispute as to the
ownership of or other interest in the
property or any part of it;
(ii) its proper administration during the
period of freezing;
(iii) the payment of debts incurred in good
faith due to creditors prior to the order;
(iv) the payment of moneys to that person
for the reasonable subsistence of that
person and his family;
(v) the payment of the costs and other
expenses of that person to defend
criminal proceedings against him.
(3) An order made under subsection (1) shall cease to
have effect at the end of the period of ten working days following the
hour the order was made should the person against whom the order
was made not have been charged with the offence of money laundering
within that time.
(4) The competent authority shall not be liable for any
damages or cost arising directly or indirectly from the making of a
“freezing order” unless it can be proved that the application for the
freezing of the property was not made in good faith.
Officers etc
to enforce
Freezing of
assets of
suspects.
68 69
(5) Where the court makes an order for the administration
of frozen property, the person charged with the administration of the
property shall not be liable for any loss or damage to the property or
for the cost of proceedings taken to establish a claim to the property
or to any interest in the property unless the court in which the claim
is made is of the opinion that the person has been guilty of negligence
in respect of the taking of custody and control of the property.
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