CONFISCATION ACT 1997 - SECT 32 Application for forfeiture order
CONFISCATION ACT 1997 - SECT 32
Application for forfeiture orderS. 32(1) amended by Nos 87/2004 s. 22(1)(d), 68/2009 s. 97(Sch. item 23.23).
(1) If an accused is convicted of a Schedule 1 offence, the DPP or an appropriate officer may apply to the Supreme Court or the court before which the accused was convicted of the offence for a forfeiture order in respect of tainted property.
(2) Except with the leave of the court, an application may only be made under subsection (1) before the end of the relevant period (if any) in relation to the conviction.
(3) A court must not grant leave under subsection (2) unless it is satisfied that—
(a) the property to which the application relates was derived, realised or identified only after the end of the relevant period; or
(b) necessary evidence became available only after the end of the relevant period; or
(c) it is otherwise in the interests of justice to do so.
(4) The applicant must give written notice of the application—
S. 32(4)(a) amended by Nos 63/2003 s. 11, 68/2009 s. 97(Sch. item 23.23(b)).
(a) to the accused, unless the accused has absconded; and
(b) to any other person whom the applicant has reason to believe has an interest in the property.
(5) The court may waive the requirement under subsection (4) to give notice if—
S. 32(5)(a) amended by No. 68/2009 s. 97(Sch. item 23.23(b)).
(a) the accused is present before the court; and
(b) the court is satisfied either that any other person who has an interest in the property is present before the court or that it is fair to waive the requirement despite any such person not being present.
(6) The court may, at any time before the final determination of the application, require the applicant to give notice of the application to any person, in any manner and within any time that the court thinks fit.
(7) Any person notified under subsection (4) or (6) and any other person who claims an interest in the property are entitled to appear and to give evidence at the hearing of the application but the absence of a person does not prevent the court from making a forfeiture order.
(8) The court may, at any time before the final determination of the application and whether or not the period for making the application has expired, amend the application as it thinks fit, either at the request of the applicant or with the approval of the applicant.
(9) If an application under subsection (1) has been finally determined, no further application may be made under that subsection in relation to the same conviction, except with the leave of the Supreme Court or the court which dealt with the earlier application.
(10) A court must not grant leave under subsection (9) unless it is satisfied that—
(a) the property to which the new application relates was derived, realised or identified only after the earlier application was determined; or
(b) necessary evidence became available only after the earlier application was determined; or
(c) it is otherwise in the interests of justice to do so.