CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 48
When Supreme Court may exclude prescribed respondent’s property
CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 48
When Supreme Court may exclude prescribed respondent’s property
48 When Supreme Court may exclude prescribed respondent’s property
(1) The Supreme Court may exclude the prescribed respondent’s property from
the order if—
(a) it is satisfied it is more probable than not that the
property to which the application relates is not illegally acquired property;
and
(b) the property is unlikely to be required to satisfy a proceeds
assessment order or unexplained wealth order.
(2) Also, the Supreme 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 in the particular
circumstances.
(3) 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.
