Criminal Procedure Code 2010 · 2020 Revised Edition · Part 6 · Arrest and Bail and Processes to Compel Appearance
90. Application for release of attached property
Feedback & supportAny person, including the person proclaimed, may apply to the court for the release of the property attached under section 89 or for the net proceeds of sale if sold.
court
“court” means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate’s Court (as the case may be) which exercises criminal jurisdiction;
Such an application must be supported by an affidavit stating the reason for the release of the property or the net proceeds of the sale, and served on the Public Prosecutor.
property
“property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property;
The court, after hearing the parties, may make such order as it thinks fit, including an order for the applicant to pay the costs of the proceeding and an order for costs to be awarded to an applicant whose property was wrongfully attached.
proceeding
“proceeding” includes a criminal case disclosure conference and a case conference, held under Part 9 or 10, as the case may be;
An application under this section may not be made more than 3 years from the date of attachment or the sale, whichever is the later.
Any hearing conducted under this section must follow as closely as practicable the procedure prescribed in this Code for conducting trials.
Any order for costs to be awarded to an applicant whose property was wrongfully attached is to be paid out of the Consolidated Fund.