Criminal Asset Recovery Order, 2012 · s 45

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)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 45Forfeiture

(1)

While cash is detained under section 43, an application for the forfeiture of the whole or any part of it may be made to the High Court by the Public

Prosecutor.

(2)

The High Court may order the forfeiture of the cash or any part of it if satisfied that on the balance of probabilities the cash or part is

(a}

tainted property; or 578

(b} intended by any person for use in an unlawful activity.

(3)

Where an application for the forfeiture of any cash is made under this section, the cash is to be seized and may not be released under any power conferred by this Order until any proceedings in pursuance of the application including any proceedings on appeal are concluded.

(4)

Where cash has been seized or detained under sections 42 and 43 and no application under section 48 has been made within the period of 30 days from the time of seizure, then the cash shall be forfeited to the Government.