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In force2020 Revised Edition

Part 9 · Confiscation of Benefitsfrom Organised Crime Activities

53. Acquittal, etc., does not impact on confiscation

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(1)

Subsection (2) applies if criminal proceedings are instituted or pending or have been discontinued or determined in respect of any organised crime activity that is the basis for —

(a)

a restraint, charging or confiscation order; or

(b)

an application for such an order.

(2)

If this subsection applies, the order or application is not affected by the criminal proceedings, even if —

(a)

the subject is acquitted, or is acquitted on appeal; or

(b)

the President grants a pardon in respect of the subject’s conviction.

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Part 10

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