(1) The Commission may apply to the Supreme Court for an order forfeiting to,
and vesting in, the Crown specified interests, a specified class of interests
or all the interests, in property of a person (an
"assets forfeiture order" ).
(1A) The application must specify that the
interest in property is an interest in property of any one or more of the
following kinds--
(2) The Supreme Court must
make an assets forfeiture order in respect of an interest in property referred
to in subsection (1A) (a) or (b) if the Court finds it to be more probable
than not that the person whose suspected serious crime related activity, or
serious crime related activities, formed the basis of the application for the
assets forfeiture order was, at any time not more than 6 years before the
making of the application, engaged in--
(3)
A finding of the Court for the purposes of subsection (2) need not be based on
a finding as to the commission of a particular offence or a finding as to any
particular quantity involved, and can be based--
(a) on a finding that some
offence or other constituting a serious crime related activity and punishable
by imprisonment for 5 years or more was committed, or
(3A) A finding of the Supreme Court for the purposes of subsection (2A) need
not be based on a particular finding as to the commission of a particular
offence and can be based on a finding that some offence or other constituting
illegal activity was committed.
(5) The
reference in subsection (2) to a period of 6 years includes a reference to a
period that began before the commencement of this section.
(6) The raising of
a doubt as to whether a person engaged in a serious crime related activity or
whether a quantity is an indictable quantity is not of itself sufficient to
avoid a finding by the Supreme Court under subsection (2).
(6A) The raising
of a doubt as to whether a person engaged in an illegal activity is not of
itself sufficient to avoid a finding by the Supreme Court under subsection
(2A) or (2B).
(9) Notice of an application under this
section is to be given to a person to whom the application relates and the
person may appear, and adduce evidence, at the hearing of the application.
(10) The absence of a person entitled to be given notice of an application for
an assets forfeiture order does not prevent the Court from making the order.