(1) If an accused is convicted of a Schedule 1 offence, S. 34B(1) amended by an applicant may apply for a tainted property Nos 87/2004 s. 22(1)(f), substitution declaration to— 68/2009 s. 97(Sch. (a) the Supreme Court; or item 23.25(a)). (b) the County Court; or (c) the court before which the accused was S. 34B(1)(c) amended by convicted of the offence. No. 68/2009 s. 97(Sch. item 23.25(b)). (2) The application under subsection (1) must— (a) be made in conjunction with an application for a forfeiture order; and (b) specify property that the accused used or S. 34B(2)(b) amended by intended to use in or in connection with the Nos 87/2004 commission of the Schedule 1 offence of s. 22(1)(f), 68/2009 which the accused is convicted; and s. 97(Sch. item 23.25(b)). (c) specify property which is to be substituted for the property referred to in paragraph (b) that— S. 34B(2)(c)(i) (i) is property in which the accused had an amended by interest at the time that the Schedule 1 Nos 87/2004 s. 22(1)(f), offence was committed; and 68/2009 s. 97(Sch. item 23.25(b)). (ii) is of the same nature or description as the property referred to in paragraph (b). Example to Example s. 34B(2)(c) An accused is convicted of a sexual offence against a amended by No. 68/2009 child and, in the commission of that offence, the s. 97(Sch. accused used a rented flat although the accused owned 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
S. 34B(1) amended by Nos 87/2004 s. 22(1)(f), 68/2009 s. 97(Sch. item 23.25(a)). (1) If an accused is convicted of a Schedule 1 offence, an applicant may apply for a tainted property substitution declaration to— (a) the Supreme Court; or (b) the County Court; or S. 34B(1)(c) amended by No. 68/2009 s. 97(Sch. item 23.25(b)). (c) the court before which the accused was convicted of the offence. (2) The application under subsection (1) must— (a) be made in conjunction with an application for a forfeiture order; and S. 34B(2)(b) amended by Nos 87/2004 s. 22(1)(f), 68/2009 s. 97(Sch. item 23.25(b)). (b) specify property that the accused used or intended to use in or in connection with the commission of the Schedule 1 offence of which the accused is convicted; and (c) specify property which is to be substituted for the property referred to in paragraph (b) that— S. 34B(2)(c)(i) amended by Nos 87/2004 s. 22(1)(f), 68/2009 s. 97(Sch. item 23.25(b)). (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 (b). 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
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