In force2020 Revised Edition

Contents

Organised Crime Act 2015 · 2020 Revised Edition · Part 5 · General Provisions Relating to Ocpo and Fro

35. Acquittal or pardon does not impact on subsequent making of OCPO or FRO

(1)

An application for an OCPO or FRO may be made under section 15(1) or 21(1) even after a person —

(a)

is acquitted of a Part 2 offence, or a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13; or

(b)

is convicted of a Part 2 offence, or a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13, and the person is subsequently acquitted pursuant to an appeal against the conviction, or is granted a pardon by the President in respect of the conviction.

(2)

An OCPO or FRO made under section 15(2) or 21(2) ceases to have effect if the person subject to the OCPO or FRO —

(a)

is subsequently acquitted pursuant to an appeal against the conviction; or

(b)

is granted a pardon by the President in respect of the conviction.