Criminal Asset Recovery Order, 2012 · s 46

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46.
Application of forfeited cash
( 1)
Cash forfeited under this Part shall be paid into the Criminal Assets
Confiscation Fund.
(2)
Any forfeited cash under subsection (1) shall not be paid into the
Fund-
(a}
before the end of the period within which an appeal is made; or
{b}
before the appeal is determined or otherwise disposed of.
Victims and other owners.
4 7.
\1)
A person who claims that any cash or any part of it, seized under this
Part belongs to him may apply to the High Court for the cash or part to be released to him.
(2)
Where the application is made by a person under subsection (1) and if it appears to the High Court that
{a}
the applicant was deprived of the cash to which the application relates, or of cash which it represents, by unlawful activity;
{b)
the cash he was deprived of was not, immediately before he was deprived of it, tainted property; and
{c)
the cash belongs to him, the High Court may order the cash to which the application relates to be released to the applicant.
(3)
The High Court may order the cash to which the application relates to be released to the applicant or to the person from whom it was seized, if-
579

(a}
the applicant is not the person from whom the cash to which the application relates was seized;
(b)
it appears to the Court that that cash belongs to the applicant;
(c)
the High Court is satisfied that the conditions in section 42 for the seizure of that cash are no longer met or, if an application has been made under section 45, the Court decides not to make an order under that section in relation to that cash; and
(d)
no objection to the making of an order under this subsection has been made by the person from whom that cash was seized.

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s 46Application of forfeited cash

( 1)

Cash forfeited under this Part shall be paid into the Criminal Assets

Confiscation Fund.

(2)

Any forfeited cash under subsection (1) shall not be paid into the

Fund-

(a}

before the end of the period within which an appeal is made; or

{b}

before the appeal is determined or otherwise disposed of.

Victims and other owners.

4 7.

\1)

A person who claims that any cash or any part of it, seized under this

Part belongs to him may apply to the High Court for the cash or part to be released to him.

(2)

Where the application is made by a person under subsection (1) and if it appears to the High Court that

{a}

the applicant was deprived of the cash to which the application relates, or of cash which it represents, by unlawful activity;

{b)

the cash he was deprived of was not, immediately before he was deprived of it, tainted property; and

{c)

the cash belongs to him, the High Court may order the cash to which the application relates to be released to the applicant.

(3)

The High Court may order the cash to which the application relates to be released to the applicant or to the person from whom it was seized, if-

579

(a}

the applicant is not the person from whom the cash to which the application relates was seized;

(b)

it appears to the Court that that cash belongs to the applicant;

(c)

the High Court is satisfied that the conditions in section 42 for the seizure of that cash are no longer met or, if an application has been made under section 45, the Court decides not to make an order under that section in relation to that cash; and

(d)

no objection to the making of an order under this subsection has been made by the person from whom that cash was seized.