In forceAs enactedCurrent version · As enactedSee versions on Attorney General's Chambers(opens the publisher’s site)
Criminal Asset Recovery Order, 2012 · As enacted
Official textFrom Attorney General's Chambers, unchanged
( 1)
Where the High Court makes a confiscation order against property in reliance on a person's conviction of a serious offence and the conviction is subsequently quashed, the person may apply to the High Court for the discharge of the order.
Where a confiscation order is discharged under subsection (1), any person claiming to have had an interest in the property immediately before the making of the confiscation order may apply to the High Court for the transfer of the interest to himself.
A person who makes an application under subsection (2) shall give no less than 14 days notice to the Public Prosecutor and to the person who applied for the discharge of the order and both shall be parties to the proceedings.
On consideration of any application under subsection (2) the High
Court shall make an order declaring the nature, extent and value of the person's interest in the property the subject of the order and may take any necessary action to effect the transfer or return of the property including any registration of the interest in the property.
Part VIII