CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 139 Supreme Court may exclude prescribed respondent’s property from restraining order

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 139

139 Supreme Court may exclude prescribed respondent’s property from restraining order

(1) A prescribed respondent whose property is restrained under a restraining order may apply to the court to amend the restraining order to exclude particular property of the prescribed respondent from the order.

(2) The court may exclude the prescribed respondent’s property from the order if it is satisfied—

(a) the property is not tainted property and is not available substitute property; and

(b) the relevant offence is not a serious criminal offence; and

(c) a pecuniary penalty order can not be made against the prescribed respondent.

(3) Also, the court may exclude the prescribed respondent’s property from the order if it is satisfied it is in the public interest to amend the order having regard to all the circumstances, including—

(a) a financial hardship or other result of the property remaining restrained under the order; and

(b) the seriousness of the offence; and

(c) the likelihood that the interest will be—

(i) liable to forfeiture under a forfeiture order; or

(ii) automatically forfeited; or

(iii) required to satisfy a pecuniary penalty order.

(4) The Supreme Court may require the prescribed respondent to give security satisfactory to the court to meet any liability that may be imposed on the prescribed respondent under this Act.