Criminal Asset Recovery Order, 2012 · s 83

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

83.
Non-conviction based forfeiture order for tainted property
(1)
Subject to subsection (2), where the Public Prosecutor applies to the
High Court for an order under this section and the High Court is satisfied on a 604
balance of probabilities that the property is tainted property, the High Court may order that the property, or such of the property as is specified by the High Court in the order, to be forfeited to the Government.
(2)
Where a person claiming an interest in property to which an application relates satisfies the High Court that the person -
(a}
has an interest in the property;
(b) did not acquire the interest in the property as a result of any serious offence carried out by the person and -
(i)
had the interest before any serious offence occurred; or
(ii)
acquired the interest for fair value after the serious offence occurred and did not know or could not reasonably have known at the time of the acquisition that the property was tainted property, the Court shall order that the interest shall not be affected by the forfeiture order, and the High Court shall declare the nature and extent of the interest in question.
(3)
The High Court may, when it makes a forfeiture order or at any time thereafter, make any other orders that it considers appropriate, including orders for and with respect to facilitating the transfer of property.
(4)
Sections 61, 62, 68(2). (3). (4). (5). 69, 71, 73 and 74 shall apply with the appropriate modifications as are necessary to an application for a forfeiture order under this section.
(5)
The High Court may grant a non-conviction based forfeiture order whether or not any person has been charged with or convicted of a money laundering offence or serious offence.
(6)
In order to satisfy the Court under subsection (1), that property is tainted property, it is not necessary to show that the property was derived directly or indirectly, in whole or in part, from a particular criminal offence, or that any person has been charged in relation to such offence; only that it is proceeds from some criminal offence or offences or it was used or intended to be used to commit some criminal offence or offences.
(7)
An application for non-conviction based forfeiture may be made in respect of property into which original tainted property been converted either by sale or otherwise.
(8)
Property may be found to be tainted property under subsection (1) even if a person was acquitted of the offence, or if the charge was withdrawn before a judgment was delivered, or if proceedings were stayed.
(9)
The High Court may grant a non-conviction based forfeiture order in respect of property whenever obtained.
(10)
The High Court may grant a non-conviction based forfeiture order with respect to property acquired or used before the commencement of this Order.
(11)
The High Court may grant a non-conviction based forfeiture order in respect of any property subject to a restraining order or any property seized under this Order.
(12)
The High Court must order forfeiture if it finds the property to ·be tainted property, unless it would clearly not be in the interests of justice.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 83Non-conviction based forfeiture order for tainted property

(1)

Subject to subsection (2), where the Public Prosecutor applies to the

High Court for an order under this section and the High Court is satisfied on a 604

balance of probabilities that the property is tainted property, the High Court may order that the property, or such of the property as is specified by the High Court in the order, to be forfeited to the Government.

(2)

Where a person claiming an interest in property to which an application relates satisfies the High Court that the person -

(a}

has an interest in the property;

(b)

did not acquire the interest in the property as a result of any serious offence carried out by the person and -

(i)

had the interest before any serious offence occurred; or

(ii)

acquired the interest for fair value after the serious offence occurred and did not know or could not reasonably have known at the time of the acquisition that the property was tainted property, the Court shall order that the interest shall not be affected by the forfeiture order, and the High Court shall declare the nature and extent of the interest in question.

(3)

The High Court may, when it makes a forfeiture order or at any time thereafter, make any other orders that it considers appropriate, including orders for and with respect to facilitating the transfer of property.

(4)

Sections 61, 62, 68(2). (3). (4). (5). 69, 71, 73 and 74 shall apply with the appropriate modifications as are necessary to an application for a forfeiture order under this section.

(5)

The High Court may grant a non-conviction based forfeiture order whether or not any person has been charged with or convicted of a money laundering offence or serious offence.

(6)

In order to satisfy the Court under subsection (1), that property is tainted property, it is not necessary to show that the property was derived directly or indirectly, in whole or in part, from a particular criminal offence, or that any person has been charged in relation to such offence; only that it is proceeds from some criminal offence or offences or it was used or intended to be used to commit some criminal offence or offences.

(7)

An application for non-conviction based forfeiture may be made in respect of property into which original tainted property been converted either by sale or otherwise.

(8)

Property may be found to be tainted property under subsection (1) even if a person was acquitted of the offence, or if the charge was withdrawn before a judgment was delivered, or if proceedings were stayed.

(9)

The High Court may grant a non-conviction based forfeiture order in respect of property whenever obtained.

(10)

The High Court may grant a non-conviction based forfeiture order with respect to property acquired or used before the commencement of this Order.

(11)

The High Court may grant a non-conviction based forfeiture order in respect of any property subject to a restraining order or any property seized under this Order.

(12)

The High Court must order forfeiture if it finds the property to ·be tainted property, unless it would clearly not be in the interests of justice.