In forceAmended2020 Revised Edition

Contents

Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 · 2020 Revised Edition · Part 2 · Confiscation of Benefits of Drug Dealing or Criminal Conduct

16. Protection of rights of third party

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Amended

Last amended by an amending law of 2021. 3 amendments in all.

(1)

Where an application is made for a confiscation order under section 6 or 7, a person who asserts an interest in the property may apply to the court, before the confiscation order is made, for an order under subsection (2).

(2)

If a person applies to the court for an order under this subsection in respect of the person’s interest in property and the court is satisfied —

(a)

that the person was not in any way involved in the defendant’s drug dealing or criminal conduct, as the case may be; and

(b)

that the person acquired the interest —

(i)

for sufficient consideration; and

(ii)

without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was, at the time the person acquired it, property that was involved in or derived from drug dealing or criminal conduct, as the case may be,the court is to make an order declaring the nature, extent and value (as at the time the order is made) of the person’s interest.

(3)

Subject to subsection (4), where a confiscation order has already been made, a person who asserts an interest in the property may apply under this subsection to the court for an order under subsection (2).

(4)

A person who —

(a)

had knowledge of the application under section 6 or 7 for the confiscation order before the order was made; or

(b)

appeared at the hearing of that application,must not be permitted to make an application under subsection (3) except with the permission of the court.

(5)

A person who makes an application under subsection (1) or (3) must give at least 7 days’ written notice of the making of the application to the Public Prosecutor who must be a party to any proceedings on the application.[13