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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 142 Unexplained wealth declaration

CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 142

Unexplained wealth declaration

(1)  On hearing an application under section 141 , the Supreme Court may make an unexplained wealth declaration against a person named in the application.
(2)  The Supreme Court must make an unexplained wealth declaration if satisfied that it is more likely than not that the value of the person's total wealth is greater than the value of his or her lawfully acquired wealth.
(3)  Without limiting the matters to which the Supreme Court may have regard in determining the value of a respondent's total wealth, the Supreme Court may have regard to the amount of the respondent's income and outgoings at any time or at all times.
(4)  On making an unexplained wealth declaration against a respondent, the Supreme Court –
(a) is to specify in the declaration the assessed value of the respondent's unexplained wealth as determined by the Court; and
(b) is to order, in the declaration, that the respondent pay to the State the amount specified in the declaration as the value of his or her unexplained wealth; and
(c) may make any necessary or convenient ancillary orders, including awarding costs as it sees fit.