of the offence before that court has passed sentence for the offence, that court may make a forfeiture order at the time of passing sentence and for this purpose the court may, if it thinks it necessary to do so, defer the passing of sentence until it has determined the application for the order. (4) On an application under section 32(1) a court S. 33(4) amended by may, subject to Part 3.10 of the Evidence No. 69/2009 Act 2008 and any rules of court, take into account s. 54(Sch. Pt 1 item 9.1). in determining the application any material that it thinks fit, including evidence given in any proceeding relating to the offence in reliance on the conviction of which the application is made and, for this purpose, the whole or any part of the transcript of those proceedings is admissible in evidence as if it were a record of evidence given on the hearing of the application. (5) In considering whether to make an order under subsection (1) in respect of particular property, the court may have regard to— (a) the use that is ordinarily made, or had been intended to be made, of the property; and (b) subject to subsection (5A), any undue S. 33(5)(b) substituted by hardship that may reasonably be likely to be No. 55/2014 caused to any person by the order; and s. 14(1). (c) the claim of any person to an interest in the property having regard to the matters specified in section 50(1). S. 33(5A) (5A) For the purposes of subsection (5)(b), when inserted by having regard to any hardship caused to the No. 55/2014 s. 14(2). person convicted of the offence in relation to which the forfeiture order is sought, the court must not take into account the impact on that person of the sentence given for that offence.
of the offence before that court has passed sentence for the offence, that court may make a forfeiture order at the time of passing sentence and for this purpose the court may, if it thinks it necessary to do so, defer the passing of sentence until it has determined the application for the order. S. 33(4) amended by No. 69/2009 s. 54(Sch. Pt 1 item 9.1). (4) On an application under section 32(1) a court may, subject to Part 3.10 of the Evidence Act 2008 and any rules of court, take into account in determining the application any material that it thinks fit, including evidence given in any proceeding relating to the offence in reliance on the conviction of which the application is made and, for this purpose, the whole or any part of the transcript of those proceedings is admissible in evidence as if it were a record of evidence given on the hearing of the application. (5) In considering whether to make an order under subsection (1) in respect of particular property, the court may have regard to— (a) the use that is ordinarily made, or had been intended to be made, of the property; and S. 33(5)(b) substituted by No. 55/2014 s. 14(1). (b) subject to subsection (5A), any undue hardship that may reasonably be likely to be caused to any person by the order; and (c) the claim of any person to an interest in the property having regard to the matters specified in section 50(1). S. 33(5A) inserted by No. 55/2014 s. 14(2). (5A) For the purposes of subsection (5)(b), when having regard to any hardship caused to the person convicted of the offence in relation to which the forfeiture order is sought, the court must not take into account the impact on that person of the sentence given for that offence.
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