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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 11 Applications

CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 11

PART 2 - Confiscation Division 1 - Applications for confiscation orders Applications

(1)  If a person is convicted of a serious offence, an authorized officer may apply to an appropriate court for either or both of the following orders:
(a) a forfeiture order against property that is tainted property in respect of the offence;
(b) a pecuniary penalty order against the person in respect of benefits, including any commercial benefits, derived by the person from the commission of the offence.
(2)  Except as provided by subsection (3) , an application under subsection (1) is to be made before the end of the relevant application period in relation to the conviction.
(3)  An application under subsection (1) may be made at any time after the end of the relevant application period in relation to the conviction if the application relates exclusively to commercial benefits.
(4)  An application under subsection (1) (b) may be made in relation to one or more serious offences.
(5)  If an application under subsection (1) has been finally determined, no further application is to be made under that subsection in relation to the same conviction except with the leave of the Supreme Court.
(6)  The Supreme Court is not to grant leave under subsection (5) unless it is satisfied that –
(a) the tainted property or the benefit to which the further application relates was identified only after the first application was finally determined; or
(b) necessary evidence became available only after the first application was finally determined; or
(c) it is otherwise in the interests of justice to grant the leave.