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CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 87

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 87

87 .         Confiscated property, release of

        (1)         On hearing an application under section 85, the court may order the release of any property if it is more likely than not that —

            (a)         immediately before the confiscation of the property, the applicant owned the property, or was one of 2 or more owners of the property; and

            (b)         the property is not effectively controlled by a person who made criminal use of the property, or by a person who wholly or partly derived or realised the property, directly or indirectly, from the commission of a confiscation offence; and

            (c)         the applicant did not become aware, and can not reasonably be expected to have become aware, until after the property was confiscated, that the property was liable to confiscation under section 6 or 7; and

            (d)         the applicant is or was an innocent party in relation to the property; and

            (e)         each other owner (if there are more than one) is or was an innocent party in relation to the property.

        (2)         If the court orders the release of the property —

            (a)         if the property is money — an amount equal to the amount of the money is to be paid to the objector from the Confiscation Proceeds Account; and

            (b)         if the property is not money, and has not been disposed of — the property is to be given to the objector; and

            (c)         if the property is not money, and has been sold — an amount equal to the value of the property is to be paid to the objector from the Confiscation Proceeds Account.

        (3)         If the objector establishes the matters set out in subsection (1)(a), (b), (c) and (d), but fails to establish the matter set out in subsection (1)(e), the court may order the release of the objector’s share of the property.

        (4)         In an order under subsection (3) the court is to specify the proportion that it finds to be the objector’s share of the property.

        (5)         If the court makes an order under subsection (3), the objector is to be paid out of the Confiscation Proceeds Account —

            (a)         if the property is money — an amount equal to the objector’s share of the money; and

            (b)         if the property is not money — an amount equal to the amount that bears to the value of the property the same proportion as the objector’s share of the property bears to the whole property.

        (6)         The court may make any necessary or convenient ancillary orders.