In forceAmended2020 Revised Edition

Contents

Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 · 2020 Revised Edition · Part 3 · Enforcement, Etc., of Confiscation Orders

22. Realisation of property

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Amended

Last amended by an amending law of 2019. 2 amendments in all.

(1)

Where —

(a)

a confiscation order is made in proceedings instituted for a drug dealing offence or a serious offence, as the case may be;

(b)

the order is not subject to appeal; and

(c)

the proceedings have not been concluded,the General Division of the High Court may, on an application of the Public Prosecutor, exercise the powers conferred by subsections (3) to (7).

(2)

The General Division of the High Court may, on the application of the Public Prosecutor, also exercise the powers conferred by subsections (3) to (7) where —

(a)

a confiscation order is made against a person who is, by reason of section 29, taken to be convicted of a drug dealing offence or a serious offence, as the case may be;

(b)

the order is not subject to appeal; and

(c)

the order has not been satisfied, whether by payment of the amount due under the order or by the defendant serving imprisonment by default.

(3)

The General Division of the High Court may appoint the Public Trustee or any person as receiver in respect of realisable property.

(4)

The General Division of the High Court may empower the Public Trustee or any receiver appointed under subsection (3) or section 19 or pursuant to a charging order —

(a)

to enforce any charge imposed under section 20 on realisable property or on interest or dividends payable in respect of such property; and

(b)

in relation to any realisable property other than property for the time being subject to a charge under section 20, to take possession of the property subject to such conditions or exceptions as may be specified by the General Division of the High Court.

(5)

The General Division of the High Court may order any person having possession of realisable property to give possession of it to the Public Trustee or any receiver.

(6)

The General Division of the High Court may empower the Public Trustee or any receiver to realise any realisable property in such manner as the General Division of the High Court may direct.

(7)

The General Division of the High Court may order any person holding an interest in realisable property to make such payment to the Public Trustee or any receiver in respect of any beneficial interest held by the defendant or (as the case may be) the recipient of a gift caught by this Act as the General Division of the High Court may direct and the General Division of the High Court may, on the payment being made, by order transfer, grant or extinguish any interest in the property.

(8)

Subsections (5) to (7) do not apply to property for the time being subject to a charge under section 20.

(9)

The General Division of the High Court is not to, in respect of any property, exercise the powers conferred by subsection (4)(a), (6) or (7) unless a reasonable opportunity has been given for persons holding any interest in the property to make representations to the General Division of the High Court.[19