s. 35 (ii) the charging or proposed charging of S. 35(1)(b)(ii) the accused with that offence or a amended by Nos 87/2004 related offence that is a Schedule 2 s. 22(1)(h), offence; and 68/2009 s. 97(Sch. item 23.28(b)). (c) the restrained property is not the subject of an exclusion order under section 22— the restrained property, subject to any declaration under section 23, is forfeited to the Minister on the expiry of 60 days after— (d) the making of the restraining order; or S. 35(1)(e) (e) the conviction of the accused— amended by No. 68/2009 s. 97(Sch. item 23.28(a)). whichever is later. S. 35(2) (2) If, within the period of 60 days referred to in amended by subsection (1), an application has been made for No. 43/1998 an exclusion order under section 22 in respect of s. 36(d). restrained property, 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when the appeal is abandoned or finally determined without the order having been made; or (b) if the application is withdrawn or struck out, on that withdrawal or striking out. (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)(b)(ii) amended by Nos 87/2004 s. 22(1)(h), 68/2009 s. 97(Sch. item 23.28(b)). (ii) the charging or proposed charging of the accused with that offence or a related offence that is a Schedule 2 offence; and (c) the restrained property is not the subject of an exclusion order under section 22— the restrained property, subject to any declaration under section 23, is forfeited to the Minister on the expiry of 60 days after— s. 35 (d) the making of the restraining order; or 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 No. 43/1998 s. 36(d). (2) If, within the period of 60 days referred to in subsection (1), an application has been made for an exclusion order under section 22 in respect of restrained property, 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(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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