PROCEEDS OF CRIME ACT 1987 - SECT 100 Appeals
PROCEEDS OF CRIME ACT 1987 - SECT 100
Appeals(1) A person who has an interest in property against which a forfeiture order is made may appeal against that order:
(a) in the case of a person convicted of the offence in reliance on which the order was made--in the same manner as if the order were, or were part of, a sentence imposed on the person in respect of the offence; or
(b) in any other case--in the same manner as if the person had been convicted of the offence in reliance on which the order was made and the order were, or were part of, a sentence imposed on the person in respect of the offence.
(2) A person against whom a pecuniary penalty order is made may appeal against that order in the same manner as if it were, or were part of, a sentence imposed on the person in respect of the offence in reliance on which the order was made.
(a) makes a pecuniary penalty order; and
(b) makes an order under subsection 28(3) declaring that particular property is available to satisfy the order;
a person who has an interest in the property may appeal against the order under subsection 28(3) in the same manner as if the person had been convicted of the offence in reliance on which the order was made and the order were, or were part of, a sentence imposed on the person in respect of the offence.
(4) On an appeal against a forfeiture order, a pecuniary penalty order or an order made under subsection 28(3), the order may be confirmed, discharged or varied.
(5) The DPP may appeal against a forfeiture order, a pecuniary penalty order or an order under subsection 28(3) or against the refusal of a court to make such an order in the same manner as if the order were, or were part of, a sentence imposed in respect of the offence in reliance on which the order was made.
(6) Nothing in this section shall be taken to affect any right
of appeal that a person would have apart from this section.