Section 69
of Criminal Asset Recovery Order, 2012
Section 69
(1)
Subject to subsection (2), where the High Court makes a confiscation order against any property, the property shall vest absolutely in the Government.
Incorporating amendments until S 22/2017
(Cleancopy) NHN/Amiriah/Bb/Karimah as of 26.12.2019
*Note: amendment on page 7,75,81,123 on 11.01.2020
73
BLUV as at 11th March 2017
(2)
Where the High Court makes a confiscation order against property –
(a)
the property shall not, except with the leave of the Court and in accordance with any directions of the Court, be disposed of, or otherwise dealt with, by or on behalf of the Government before the relevant appeal date; and
(b)
if, after the relevant appeal date, the order has not been discharged, the property may be disposed of and the proceeds applied or otherwise dealt with in accordance with the direction of the Public Prosecutor.
(3)
In this section –
“relevant appeal date” used in relation to a confiscation order made m consequence of a person’s conviction of a serious offence means –
(a)
the date on which the period allowed by the Criminal Procedure Code
(Chapter 7) for the lodging of an appeal against a person’s conviction or for the lodging of an appeal against the making of a confiscation order expires without an appeal having been lodged, whichever is the later; or
(b)
where an appeal against a person’s conviction or against the making of a confiscation order is lodged, the date on which the appeal is finally determined.
Voidable transfers.