Criminal Asset Recovery Order, 2012 · s 89

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89.
Unexplained wealth declaration
( 1)
The Court on hearing an application under section 85 must declare that the respondent has unexplained wealth if it is more likely than not that the respondent's total wealth is greater than his lawfully acquired wealth.
(2)
Any property, service, advantage or benefit that is a constituent of the respondent's wealth is presumed not to have been lawfully acquired unless the respondent establishes the contrary.
(3)
Without limiting the matters to which a court may have regard in deciding whether the respondent has unexplained wealth, the Court may have regard to the amount of the respondent's income and outgoings at any time or at all times.
must 609
(4)
When a court makes an unexplained wealth declaration, the Court
(a)
assess the respondent's unexplained wealth in accordance with section 87;
(b)
specify the assessed value of the unexplained wealth in the declaration; and
{c)
order the respondent to pay to the Fund the amount specified in the declaration as the value of his unexplained wealth.
(5)
When making an unexplained wealth declaration, the Court may make any necessary and convenient ancillary orders, including awarding costs as it sees fit.

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s 89Unexplained wealth declaration

( 1)

The Court on hearing an application under section 85 must declare that the respondent has unexplained wealth if it is more likely than not that the respondent's total wealth is greater than his lawfully acquired wealth.

(2)

Any property, service, advantage or benefit that is a constituent of the respondent's wealth is presumed not to have been lawfully acquired unless the respondent establishes the contrary.

(3)

Without limiting the matters to which a court may have regard in deciding whether the respondent has unexplained wealth, the Court may have regard to the amount of the respondent's income and outgoings at any time or at all times.

must 609

(4)

When a court makes an unexplained wealth declaration, the Court

(a)

assess the respondent's unexplained wealth in accordance with section 87;

(b)

specify the assessed value of the unexplained wealth in the declaration; and

{c)

order the respondent to pay to the Fund the amount specified in the declaration as the value of his unexplained wealth.

(5)

When making an unexplained wealth declaration, the Court may make any necessary and convenient ancillary orders, including awarding costs as it sees fit.