s. s. 51 52 from the relevant restraining order was not due to neglect on the part of the applicant. (6) An applicant must give written notice of the application, and of the grounds on which it is made— (a) to the DPP; and (b) to any person whom the applicant has reason to believe had an interest in the property immediately before it was forfeited. (7) Any person notified under subsection (6) is entitled to appear and to give evidence at the hearing of the application but the absence of that person does not prevent the court from making an order under section 52. (8) If the DPP proposes to contest an application for an exclusion order, the DPP must give the applicant written notice of the grounds on which the application is to be contested. 52 Determination of exclusion application—automatic forfeiture (1) On an application made under section 51, the S. 52(1) amended by court may make an order excluding the applicant's No. 42/2007 interest in property from the operation of s. 11(1). section 35— (a) if the court is not satisfied that the property S. 52(1)(a) amended by in which the applicant claims an interest is No. 42/2007 s. 11(2). not tainted property or derived property but is satisfied that— S. 52(1)(a)(i) (i) the applicant was not, in any way, amended by involved in the commission of the No. 87/2004 s. 22(1)(m). Schedule 2 offence; and
from the relevant restraining order was not due to neglect on the part of the applicant. s. 51 (6) An applicant must give written notice of the application, and of the grounds on which it is made— (a) to the DPP; and (b) to any person whom the applicant has reason to believe had an interest in the property immediately before it was forfeited. (7) Any person notified under subsection (6) is entitled to appear and to give evidence at the hearing of the application but the absence of that person does not prevent the court from making an order under section 52. (8) If the DPP proposes to contest an application for an exclusion order, the DPP must give the applicant written notice of the grounds on which the application is to be contested. 52 Determination of exclusion application—automatic forfeiture s. 52 S. 52(1) amended by No. 42/2007 s. 11(1). (1) On an application made under section 51, the court may make an order excluding the applicant's interest in property from the operation of section 35— S. 52(1)(a) amended by No. 42/2007 s. 11(2). (a) if the court is not satisfied that the property in which the applicant claims an interest is not tainted property or derived property but is satisfied that— S. 52(1)(a)(i) amended by No. 87/2004 s. 22(1)(m). (i) the applicant was not, in any way, involved in the commission of the Schedule 2 offence; and
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