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FORTIFICATION REMOVAL ACT 2013 (NO. 48 OF 2013) - SECT 11 Magistrates' Court may make fortification removal order

FORTIFICATION REMOVAL ACT 2013 (NO. 48 OF 2013) - SECT 11

Magistrates' Court may make fortification removal order

    (1)     The Magistrates' Court, on an application under section 6, may order the removal or modification of a fortification in place at the premises in respect of which the application is made.

    (2)     The Magistrates' Court may make an order under subsection (1) if the Court is satisfied that—

        (a)     there is a fortification in place at the premises in respect of which the application is made; and

        (b)     there are reasonable grounds to believe the premises are being used, or have been used or are likely to be used—

              (i)     for or in connection with the commission of a specified offence; or

              (ii)     to conceal evidence of a specified offence; or

              (iii)     to keep the proceeds of a specified offence.

    (3)     For the purposes of subsection (2), the Magistrates' Court may be satisfied of the matters specified in paragraph (b) of that subsection without having to determine whether any particular specified offence has been committed.