CONFISCATION ACT 1997 - SECT 142 Appeals
CONFISCATION ACT 1997 - SECT 142
Appeals(1) Without affecting any other right of appeal, a person who has an interest in property in respect of which—
(a) a forfeiture order is made; or
S. 142(1)(b) amended by Nos 43/1998
s. 34(1), 42/2007 s. 16(1), 55/2014 s. 46.
(b) the Supreme Court or the County Court has made, or refused to make, an exclusion order under section 21, 22, 22A, 50(1), 52(1) or 54(1)—
may appeal against that order or refusal—
(c) in the case of a person convicted of an offence in reliance on which the order was made—in the same manner as if the order were, or were part of, the sentence imposed in respect of the offence; or
(d) in any other case—in the same manner as if the person had been convicted of the offence in reliance on which the order was made and the order were, or were part of, the sentence imposed in respect of the offence.
S. 142(2) amended by No. 87/2004 s. 22(2)(u)(ii).
(2) Without affecting any other right of appeal, a person who has an interest in property in respect of which—
(a) a civil forfeiture order is made; or
S. 142(2)(b) amended by Nos 87/2004 s. 22(2)(u)(i), 68/2010 s. 65(1).
(b) the Supreme Court or the County Court has made, or refused to make, a civil forfeiture exclusion order—
may appeal against that order or refusal in the same manner as if the person had been convicted of the Schedule 2 offence in relation to which the order was made and the order were, or were part of, the sentence imposed in respect of the offence.
(3) Without affecting any other right of appeal, a person against whom a pecuniary penalty order is made may appeal against that order in the same manner as if it were, or were part of, the sentence imposed in respect of the offence in relation to which the order was made.
S. 142(4) amended by Nos 43/1998
s. 34(2), 42/2007 s. 16(2), 68/2010 s. 65(2), 55/2014 s. 46.
(4) On appeal, a forfeiture order, a pecuniary penalty order, an exclusion order under section 21, 22, 22A, 50(1), 52(1) or 54(1) or a refusal to make an exclusion order under section 21, 22, 22A, 50(1), 52(1) or 54(1) may be confirmed, discharged or varied or the matter may be remitted for re‑hearing to the court which made the order, or refused to make the order, with or without any direction in law.
(5) The DPP or a prescribed person or a person belonging to a prescribed class of persons may appeal to the Court of Appeal against—
S. 142(5)(a) amended by No. 87/2004 s. 22(2)(v)(i).
(a) a civil forfeiture order or against the refusal of the Supreme Court or the County Court to make a civil forfeiture order; or
S. 142(5)(b) substituted by No. 68/2010 s. 65(3).
(b) the making of a civil forfeiture exclusion order; or
S. 142(5)(ba) inserted by No. 42/2007 s. 16(3), amended by Nos 68/2010 s. 65(4)(a), 55/2014 s. 46.
(ba) the making of an exclusion order under section 21, 22, 22A, 50(1), 52(1) or 54(1)—
S. 142(5)(c) amended by No. 87/2004 s. 22(2)(v)(ii), repealed by No. 68/2010 s. 65(4)(b).
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in the same manner as if the order or refusal were, or were part of, a sentence imposed in respect of the offence.
S. 142(6) amended by Nos 87/2004 s. 22(2)(w), 68/2010 s. 65(5).
(6) On appeal, a civil forfeiture order, a civil forfeiture exclusion order or a refusal to make a civil forfeiture exclusion order may be confirmed, discharged or varied or the matter may be remitted for re-hearing to the Supreme Court or the County Court, as the case may be, with or without any direction in law.
Note to s. 142 inserted by No. 42/2007 s. 16(4).
Note
In this section, references to any appeal being made in a manner as if it were, or were part of, a sentence imposed in respect of an offence are to enable the adoption of existing appeal procedures.
In the case of an order or refusal made in the Magistrates' Court, the requirements and procedures set out in Subdivision 1 of Division 4 of Part 4 of that Act and Schedule 6 to that Act, insofar as they are relevant, apply.
In the case of an order or refusal made in the County Court or the Supreme Court, the requirements and procedures set out in Part 6 of that Act and the relevant Rules of Court apply.