Section 60
of Criminal Asset Recovery Order, 2012
Section 60
(1)
Where a person is convicted of a money laundering offence or serious offence, the Public Prosecutor may, not later than 2 years after the conviction, apply to the High Court by way of notice of motion and affidavit for one or both of the following orders –
(a)
a confiscation order against property that is tainted property in respect of the offence;
(b)
a benefit recovery order against the person in respect of benefits derived by the person from the commission of the offence.
(2)
An application under subsection (1) may be made in respect of one or more than one offence.
(3)
Where an application under this section is finally determined, no further application for a confiscation order or benefit recovery order may be made in respect of the offence for which the person was convicted without the leave of the High Court unless it is satisfied that –
(a)
the property or benefit to which the new application relates was identified after the previous application was determined;
(b)
necessary evidence became available after the previous application was determined; and
(c)
it is in the interest of justice leave be granted.
Notice of application.