(1) This section applies if a person is convicted of a confiscation offence.
(2) The State may apply to the Supreme Court or the court before which the
person is convicted for an order (
"forfeiture order" ) forfeiting particular property to the State.
(3) The
application may include particulars of any encumbrance over the restrained
property that an appropriate officer considers an encumbrancee took in good
faith, for valuable consideration, and in the ordinary course of the
encumbrancee’s business.
(4) Unless the court gives leave, the application
must be made within 6 months after the day the person is treated as if
convicted of the offence because of section 106.
(5) If the application has
been finally decided on the merits, the State may apply to a court under
subsection (2) for a further forfeiture order against property relying on a
person’s conviction of the confiscation offence to which the previous
application relates only with the Supreme Court’s leave.
(6) The Supreme
Court may give leave under subsection (5) only if it is satisfied—
(a) the
property to which the new application relates was identified only after the
first application was finally decided; or
(b) necessary evidence became
available only after the first application was finally decided; or
(c) it is
otherwise in the interests of justice to give the leave.
