s. 34C Example Example to s. 34B(2)(c) An accused is convicted of a sexual offence against a amended by child and, in the commission of that offence, the No. 68/2009 accused used a rented flat although the accused owned s. 97(Sch. item 23.26). a flat at the time. The prosecution may apply to the court for a declaration that the flat owned by the accused is tainted property although the rented flat and the flat owned by the accused are not of equal value. (see section 34C(2)). S. 34C 34C Court may make tainted property substitution inserted by declaration No. 63/2003 s. 12. (1) Subject to subsection (2), a court may make a tainted property substitution declaration if the court is satisfied as to the following matters— (a) that the accused used or intended to use the S. 34C(1)(a) amended by property which is not available for forfeiture Nos 87/2004 s. 22(1)(g), in or in connection with the commission of 68/2009 the Schedule 1 offence of which the accused s. 97(Sch. item 23.27). is convicted; and (b) that the property referred to in paragraph (a) is not available for forfeiture; and (c) that the property which is to be substituted for the property referred to in paragraph (a)— (i) is property in which the accused had an S. 34C(1)(c)(i) amended by interest at the time that the Schedule 1 Nos 87/2004 offence was committed; and s. 22(1)(g), 68/2009 s. 97(Sch. item 23.27). (ii) is of the same nature or description as the property referred to in paragraph (a). (2) The court may make a tainted property substitution declaration whether or not the value of the property which is not available for
Example to s. 34B(2)(c) amended by No. 68/2009 s. 97(Sch. item 23.26). Example An accused is convicted of a sexual offence against a child and, in the commission of that offence, the accused used a rented flat although the accused owned a flat at the time. The prosecution may apply to the court for a declaration that the flat owned by the accused is tainted property although the rented flat and the flat owned by the accused are not of equal value. (see section 34C(2)). S. 34C inserted by No. 63/2003 s. 12. 34C Court may make tainted property substitution declaration s. 34C (1) Subject to subsection (2), a court may make a tainted property substitution declaration if the court is satisfied as to the following matters— S. 34C(1)(a) amended by Nos 87/2004 s. 22(1)(g), 68/2009 s. 97(Sch. item 23.27). (a) that the accused used or intended to use the property which is not available for forfeiture in or in connection with the commission of the Schedule 1 offence of which the accused is convicted; and (b) that the property referred to in paragraph (a) is not available for forfeiture; and (c) that the property which is to be substituted for the property referred to in paragraph (a)— S. 34C(1)(c)(i) amended by Nos 87/2004 s. 22(1)(g), 68/2009 s. 97(Sch. item 23.27). (i) is property in which the accused had an interest at the time that the Schedule 1 offence was committed; and (ii) is of the same nature or description as the property referred to in paragraph (a). (2) The court may make a tainted property substitution declaration whether or not the value of the property which is not available for
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