CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 227

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 227

227—Costs and exemplary or punitive damages

        (1)         A court may, if—

            (a)         a person brings, or appears at, proceedings under this Act—

                  (i)         to prevent a forfeiture order or restraining order from being made against property of the person; or

                  (ii)         to have property of the person excluded from a forfeiture order or restraining order; and

            (b)         the person is successful in those proceedings; and

            (c)         the court is satisfied that the person was not involved in any way in the commission of the serious offence in respect of which the forfeiture order or restraining order was sought or made,

order the Crown to pay the person costs in connection with the proceedings or such part of those costs as is determined by the court.

        (1a)         However, the court may not award exemplary or punitive damages to the person.

        (2)         To avoid doubt, the costs referred to in subsection (1) are not limited to costs of a kind that are normally recoverable by the successful party to civil proceedings.