Criminal Asset Recovery Order, 2012 · s 62

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62.
Amendment of application
(1)
The High Court hearing an application under section 60 may, before the final determination of the application, and on the application of the Public
Prosecutor, amend the application to include any other property or benefit upon being satisfied that -
591
{a}
the property or benefit was not reasonably capable of identification when the application was made; or
(b}
necessary evidence became available only after the application was originally made.
(2)
Where the Public Prosecutor applies to amend an application for a confiscation order and the amendment would have the effect of including additional property in the application for confiscation, he shall give no less than 14 days written notice of the application to amend to any person who he has a reason to believe may have an interest in the property the subject of the application for a confiscation order.
(3)
Any person who claims an interest in the property to be included in the application of a confiscation order may appear and adduce evidence at the hearing of the application to amend.
(4)
Where the Public Prosecutor applies to amend an application for a benefit recovery order against a person convicted of a serious offence and the effect of the amendment would be to include an additional benefit in the application he shall give the person no less than 14 days written notice of the application to amend.

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s 62Amendment of application

(1)

The High Court hearing an application under section 60 may, before the final determination of the application, and on the application of the Public

Prosecutor, amend the application to include any other property or benefit upon being satisfied that -

591

{a}

the property or benefit was not reasonably capable of identification when the application was made; or

(b}

necessary evidence became available only after the application was originally made.

(2)

Where the Public Prosecutor applies to amend an application for a confiscation order and the amendment would have the effect of including additional property in the application for confiscation, he shall give no less than 14 days written notice of the application to amend to any person who he has a reason to believe may have an interest in the property the subject of the application for a confiscation order.

(3)

Any person who claims an interest in the property to be included in the application of a confiscation order may appear and adduce evidence at the hearing of the application to amend.

(4)

Where the Public Prosecutor applies to amend an application for a benefit recovery order against a person convicted of a serious offence and the effect of the amendment would be to include an additional benefit in the application he shall give the person no less than 14 days written notice of the application to amend.