s. 32 Division 1—Forfeiture on court order 32 Application for forfeiture order S. 32(1) (1) If an accused is convicted of a Schedule 1 offence, amended by the DPP or an appropriate officer may apply to the Nos 87/2004 s. 22(1)(d), Supreme Court or the court before which the 68/2009 accused was convicted of the offence for a s. 97(Sch. item 23.23). forfeiture order in respect of tainted property. (2) Except with the leave of the court, an application may only be made under subsection (1) before the end of the relevant period (if any) in relation to the conviction. (3) A court must not grant leave under subsection (2) unless it is satisfied that— (a) the property to which the application relates was derived, realised or identified only after the end of the relevant period; or (b) necessary evidence became available only after the end of the relevant period; or (c) it is otherwise in the interests of justice to do so. (4) The applicant must give written notice of the application— S. 32(4)(a) (a) to the accused, unless the accused has amended by absconded; and Nos 63/2003 s. 11, 68/2009 s. 97(Sch. item 23.23(b)). (b) to any other person whom the applicant has reason to believe has an interest in the property.
Division 1—Forfeiture on court order 32 Application for forfeiture order S. 32(1) amended by Nos 87/2004 s. 22(1)(d), 68/2009 s. 97(Sch. item 23.23). s. 32 (1) If an accused is convicted of a Schedule 1 offence, the DPP or an appropriate officer may apply to the Supreme Court or the court before which the accused was convicted of the offence for a forfeiture order in respect of tainted property. (2) Except with the leave of the court, an application may only be made under subsection (1) before the end of the relevant period (if any) in relation to the conviction. (3) A court must not grant leave under subsection (2) unless it is satisfied that— (a) the property to which the application relates was derived, realised or identified only after the end of the relevant period; or (b) necessary evidence became available only after the end of the relevant period; or (c) it is otherwise in the interests of justice to do so. (4) The applicant must give written notice of the application— S. 32(4)(a) amended by Nos 63/2003 s. 11, 68/2009 s. 97(Sch. item 23.23(b)). (a) to the accused, unless the accused has absconded; and (b) to any other person whom the applicant has reason to believe has an interest in the property.
97-108a070.docx