In force2020 Revised Edition

Contents

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

36. Transfer of case to trial court to make OCPO or FRO upon conviction on appeal

(1)

Where —

(a)

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;

(b)

upon an appeal against the acquittal, A is subsequently convicted by an appellate court; and

(c)

the Public Prosecutor informs the appellate court that the Public Prosecutor intends to make an application for an OCPO or FRO against A,the appellate court which convicted A may order the case to be transferred to the trial court for the application to be made.

(2)

Where any case is transferred to the trial court under subsection (1), any application for an OCPO or FRO to the trial court in relation to A is deemed to be an application made under section 15(2) or 21(2), respectively.