Section 71
of Criminal Asset Recovery Order, 2012
Section 71
(1)
Where an application is made for a confiscation order against property, a person who claims an interest in the property may apply to the High Court, before the confiscation order is made, for an order under subsection (2).
(2)
If a person applies to the High Court for an order under this subsection in respect of the person’s interest in property and the Court is satisfied that –
(a)
the applicant has an interest in the property;
(b)
the applicant was not in any way involved in the commission of the offence in respect of which the confiscation of the property is sought or the confiscation order against the property was made;
(c)
the applicant –
(i)
had the interest before the serious offence occurred; or
(ii)
acquired the interest during or after the commission of the offence, bona fide and for fair value and did not know or could not reasonably have known at the time of the acquisition that the property was tainted property;
(d)
the applicant did not acquire any right in the property from a person proceeded against under circurnstances that give rise to a reasonable inference that any right was transferred for the purpose of avoiding the eventual subsequent confiscation of the property; and
(e)
the applicant did all that could be reasonably expected to prevent the illegal use of the property, the Court may make an order declaring the nature, extent and value (as at the time when the order is made) of the applicant’s interest.
(3)
Subject to subsection (4), where a confiscation order has already been made directing the confiscation of property, a person who claims an interest in the property may, before the end of the period of 6 months commencing on the day on which the confiscation order is made, apply under this subsection to the High Court for an order under subsection (2).
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
75
BLUV as at 11th March 2017
(4)
A person who –
(a)
had knowledge of the application for the confiscation order before the order was made; or
(b)
appeared at the hearing of that application, shall not be permitted to make an application under subsection (3), except with the leave of the
High Court.
(5)
A person who makes an application under subsection (1) or (3) shall give notice of the application to the Public Prosecutor, who shall be a party to any proceedings in the application.
(6)
An applicant or the Public Prosecutor may, in accordance with the Rules of
Court, appeal to the Court of Appeal from an order made under subsection (2).
(7)
The High Court shall, on application by any person who has obtained an order under subsection (2), and where the period allowed by the Rules of Court for appeal has expired or any appeal from that order has been determined –
(a)
direct that the property, or the part thereof to which the interest of the applicant relates, be returned to the applicant; or
(b)
direct that an amount equal to the value of the interest of the applicant, as declared in the order, be paid to the applicant.
Discharge of confiscation order and quashing of conviction.