(e) the conviction of the accused— S. 35(1)(e) amended by No. 68/2009 s. 97(Sch. item 23.28(a)). whichever is later. (2) If an application under section 20 in respect of S. 35(2) amended by restrained property is still pending on the expiry Nos 43/1998 of the period of 60 days referred to in s. 36(d), 68/2010 subsection (1), the property is forfeited to the s. 18(2), Minister— 77/2013 s. 5(1). (a) if the application is refused or dismissed, at the end of the period during which the person may appeal against the refusal or dismissal or, if such an appeal is lodged, when the appeal is abandoned or finally determined without the order having been made; or (b) if the application is withdrawn or struck out, on that withdrawal or striking out. (2A) For the purposes of subsections (1) and (2), an S. 35(2A) inserted by application under section 20 is not pending unless No. 77/2013 an application under section 20(1) has been s. 5(2). made— (a) within the period referred to in section 20(1A); or (b) where, under section 20(1B), the court has extended the period within which the application may be made—within the period as so extended and before the expiry of the period of 60 days referred to in subsection (1). (3) If a person is, by reason of section 4(1)(d), S. 35(3) amended by deemed to have been convicted of a Schedule 2 No. 87/2004 offence, the DPP may apply to the Supreme Court s. 22(1)(h). or the County Court for an order declaring the date of conviction for the purposes of this section.
S. 35(1)(e) amended by No. 68/2009 s. 97(Sch. item 23.28(a)). (e) the conviction of the accused— whichever is later. S. 35(2) amended by Nos 43/1998 s. 36(d), 68/2010 s. 18(2), 77/2013 s. 5(1). (2) If an application under section 20 in respect of restrained property is still pending on the expiry of the period of 60 days referred to in subsection (1), the property is forfeited to the Minister— (a) if the application is refused or dismissed, at the end of the period during which the person may appeal against the refusal or dismissal or, if such an appeal is lodged, when the appeal is abandoned or finally determined without the order having been made; or (b) if the application is withdrawn or struck out, on that withdrawal or striking out. S. 35(2A) inserted by No. 77/2013 s. 5(2). (2A) For the purposes of subsections (1) and (2), an application under section 20 is not pending unless an application under section 20(1) has been made— (a) within the period referred to in section 20(1A); or (b) where, under section 20(1B), the court has extended the period within which the application may be made—within the period as so extended and before the expiry of the period of 60 days referred to in subsection (1). S. 35(3) amended by No. 87/2004 s. 22(1)(h). (3) If a person is, by reason of section 4(1)(d), deemed to have been convicted of a Schedule 2 offence, the DPP may apply to the Supreme Court or the County Court for an order declaring the date of conviction for the purposes of this section.
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