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CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 51

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 51

51—Procedure on application

        (1)         A person who claims an interest in property covered by an application for a forfeiture order may appear and adduce evidence at the hearing of the application.

        (2)         If the application relates to a person's conviction of a serious offence, a court may, in determining the application, have regard to—

            (a)         the transcript of any proceedings against the person for—

                  (i)         that offence; or

                  (ii)         if the person is taken to be convicted of the offence because of section 5(1)(c)—the other offence referred to in that paragraph; and

            (b)         any evidence given in the proceedings.

        (3)         The court may make a forfeiture order if a person entitled to be given notice of the relevant application fails to appear at the hearing of the application.