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In force2020 Revised Edition
Contents

Part 6 · Arrest and Bail and Processes to Compel Appearance

90. Application for release of attached property

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(1)

Any 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.

(2)

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.

(3)

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.

(4)

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.

(5)

Any hearing conducted under this section must follow as closely as practicable the procedure prescribed in this Code for conducting trials.

(6)

Any order for costs to be awarded to an applicant whose property was wrongfully attached is to be paid out of the Consolidated Fund.

Report

Part 7

The Charge

Part 7A

Deferred Prosecution Agreements

Part 8

Initiation of Criminal Proceedings and Complaint to Magistrate

Part 9

Pre-Trial Procedures in the State Courts

Part 10

Pre-Trial Procedures in General Division of High Court

Part 10A

Prosecution’S Obligation to Serve Certain Materials on Defence

Part 11

General Provisions Relating to Pre-Trial and Plead Guilty Procedures in All Courts

Part 12

Procedure at Trial in All Courts

Part 13

General Provisions Relating to Proceedings in Courts

Part 14

Evidence and Witnesses

Part 15

Judgment

Part 16

Sentences

Part 17

Community Sentences

Part 18

Compensation and Costs

Part 19

Disposal of Property

Part 20

Appeals, Points Reserved, Revisions and Criminal Motions

Part 21

Special Proceedings

Part 22

Miscellaneous

Schedules