s. 22 (iii) the property will not be required to satisfy any pecuniary penalty order or an order for restitution or compensation under the Sentencing Act 1991; or (b) where the application is made by a person S. 22(b) amended by other than the accused, the court may make Nos 42/2007 an order excluding the applicant's interest in s. 6(1)(b), 68/2009 the property from the operation of the s. 97(Sch. restraining order— item 23.20). (i) if the court is not satisfied that the S. 22(b)(i) amended by property in which the person claims an No. 42/2007 interest is not tainted property or s. 6(3). derived property but is satisfied that— S. 22(b)(i)(A) (A) the applicant was not, in any way, amended by involved in the commission of the No. 87/2004 s. 11(c). Schedule 2 offence; and (B) where the applicant acquired the S. 22(b)(i)(B) amended by interest before the commission, or Nos 87/2004 alleged commission, of the s. 11(c), 68/2009 Schedule 2 offence, the applicant s. 97(Sch. did not know that the accused item 23.20). would use, or intended to use, the property in, or in connection with, the commission of the Schedule 2 offence; and (C) where the applicant acquired the S. 22(b)(i)(C) amended by interest at the time of or after the Nos 87/2004 commission, or alleged s. 11(c), 42/2007 commission, of the Schedule 2 s. 6(3). offence, the applicant acquired the interest without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property or derived property; and
(iii) the property will not be required to satisfy any pecuniary penalty order or an order for restitution or compensation under the Sentencing Act 1991; or S. 22(b) amended by Nos 42/2007 s. 6(1)(b), 68/2009 s. 97(Sch. item 23.20). (b) where the application is made by a person other than the accused, the court may make an order excluding the applicant's interest in the property from the operation of the restraining order— S. 22(b)(i) amended by No. 42/2007 s. 6(3). (i) if the court is not satisfied that the property in which the person claims an interest is not tainted property or derived property but is satisfied that— S. 22(b)(i)(A) amended by No. 87/2004 s. 11(c). (A) the applicant was not, in any way, involved in the commission of the Schedule 2 offence; and S. 22(b)(i)(B) amended by Nos 87/2004 s. 11(c), 68/2009 s. 97(Sch. item 23.20). (B) where the applicant acquired the interest before the commission, or alleged commission, of the Schedule 2 offence, the applicant did not know that the accused would use, or intended to use, the property in, or in connection with, the commission of the Schedule 2 offence; and s. 22 S. 22(b)(i)(C) amended by Nos 87/2004 s. 11(c), 42/2007 s. 6(3). (C) where the applicant acquired the interest at the time of or after the commission, or alleged commission, of the Schedule 2 offence, the applicant acquired the interest without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property or derived property; and
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