Criminal Asset Recovery Order, 2012 · As enacted
54. Where-
Official textFrom Attorney General's Chambers, unchanged
(a}
a benefit recovery order is made against a defendant's conviction of an offence; and
(b}
a restraining order is made against the property of the defendant, or property of another person in relation to which an order under section 80(3) is in force, in reliance on the defendant's conviction, or alleged commission, of the offence, the High Court may, upon the m'aking of the later of the orders or, on application by the Public Prosecutor while the restraining order remains in force, direct the authorised officer or any other person appointed by the Court to satisfy the benefit recovery order by a payment to the Criminal Assets Confiscation Fund out of the property.
For the purposes of enabling an authorised officer or any other person appointed by the High Court to comply with a direction under subsection (1), the
Court may-
586
fa}
direct the authorised officer or any other person appointed by the
High Court to sell or otherwise dispose of such of the property as the Court specifies; and fb)
order that the authorised officer or any other person appointed by the High Court may execute, and do anything necessary to give validity and operation to, any deed or instrument in the name of a person who owns or has an interest in the property, and where the High Court makes an order, the execution of the deed or instrument by the authorised officer or any other person appointed by the High
Court has the same force and validity as if the deed or instrument had been executed by the person.
An authorised officer or any other person appointed by the High Court shall refrain from taking action to sell property pursuant to a direction under subsection (1) -
{a)
until the relevant appeal date; or
{b)
if proceedings in bankruptcy against the owner of the property are in progress or the owner is bankrupt.
In this section, "relevant appeal date" used in relation to a benefit recovery order made in consequence of a person's conviction of a serious offence means
{a)
the date on which the period allowed by the Criminal Procedure
Code (Chapter 7) for the lodging of an appeal against a person's conviction, or for the lodging of an appeal against the making of a benefit recovery order, expires without an appeal having been lodged, whichever is the later;
or
{b)
where an appeal against a person's conviction or against the making of the benefit recovery order is lodged, the date on which the appeal or the later appeal, lapses in accordance with the Criminal Procedure Code
(Chapter 7) or is finally determined.
Chapter IV
Chapter LI
Part VI
Part VII
Part VIII